Agenda and decisions

At this point in the meeting, Members and co-opted 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 disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

(1)     Members must consider their interests, and act according to the following:

(2)     Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)     Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them. A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992.

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

Annex A to Agenda Item 13 and Annexes G and H of Agenda Item 15 on the grounds that they contains information relating to Information relating to the financial or business affairs of any particular person (including the authority holding that information).  This information is classed as exempt under paragraph 3 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 Executive meeting held on 13 June 2024.            

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 Executive.

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 Tuesday 16 July 2024.         

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.

To receive details of those items that are listed on the Forward Plan for the next two Executive meetings.

This report provides a year end analysis of the overall finance and performance position. This is the final report of the financial year.

Resolved:

                      i.         Noted the finance and performance information;

                     ii.         Noted the use of the contingency and earmarked reserves to fund the overspend of £3.6m;

                    iii.        Approved the £591k savings identified during the year and outline in paragraphs 89 to 91 of the report as part of the review of early intervention and prevention activities across the Council;

                   iv.        Approved the business rates write offs outlined in paragraphs 29 to 32 of the report.

Reason:     To ensure expenditure is kept within the approved budget.

                     v.        Approved the extension to April 2026 for the letter of credit to York Museums Trust as outlined in paragraphs 24 to 26 of the report;

                   vi.        Approved the provision of a letter of guarantee to the York Theatre Royal, providing them with access to a maximum of £426k over the next 2 years should it be required as outlined in paragraphs 27 to 28 of the report.

Reason:     To secure the financial viability and confidence in the

Theatre Royal through its change programme

The purpose of this report is to set out the capital programme outturn position for 2023/24 including any under/overspends and adjustments, along with an update to the future years programme.

Resolved:

                      i.         Noted the 2023/24 capital outturn position of £98.377m and approved the requests for re-profiling totalling £23.054m from the 203/24 programme to future years;

                     ii.         Noted the adjustments to schemes increasing expenditure in 2023/24 by a net £1.708m;

                    iii.        Recommend to Full Council the restated 2024/25 to 2028/29 programme of £421.368m as summarised in Table 3 and detailed in Annex 1 to the report;

                   iv.        Agreed to a contribution of £200k from capital contingency to the York Museum Trust to fund roof works at York Castle Museum.

Reason:     To enable the effective management and monitoring of

the Council’s capital programme

The purpose of this report is to provide an update on treasury management activity and position for the 2023/24 financial year which includes the prudential indicators at Annex A to this report.

Resolved:

                      i.         Noted the 2023/24 performance of treasury management activity;

                     ii.         Noted the Prudential Indicators outlined in Annex A and note the compliance with all indicators.

Reason:      To ensure the continued effective operation and performance of the Council’s Treasury Management function and ensure that all Council treasury activity is prudent, affordable and sustainable and complies with policies set.

It is a statutory duty for the Council to determine and keep under review the affordable borrowing limits. During the 2023/24 financial year, the Council has operated within the Treasury and Prudential Indicators set out in the Council’s Treasury Management Strategy Statement for 2023/24.

There are no policy changes to the Treasury Management Strategy Statement 2023/24 for members to agree and approve; the details in this

report update the Treasury Management position and Prudential Indicators in the light of the updated economic position and budgetary changes already approved.

This report seeks the Executives approval of the Local Transport Strategy, note the feedback in the Our Big Transport Conversation, and approve the summary of the Movement and Place Plan approach.

Resolved:

                      i.         Approved the new policy framework for Transport across the City by approving the Local Transport Strategy (Annex A). Noted the feedback in the Our Big Transport Conversation and, the support for the strategy and the identification of the areas of the city residents find most challenging, and why (Annex B).

Reason:     to articulate the transport vision, objectives and

outcomes of the city.

                     ii.         Adopted the recommendations to shape a more accessible city centre developed in consultation with the disabled community and local businesses (Annex C);

                    iii.        Considered and noted the Equalities Impacts of the independent recommendations made on accessibility (Annex D) and on the Local Transport Strategy (Annex G);

                   iv.        Noted the report, sharing best practice from other cities who have made their places more accessible (Annex E) collated by MIMA.

Reason:     To ensure accessibility is considered at every step of

decision making across the Council.

                     v.        Approved the summary of the Movement and Place Plan approach as per that detailed in (Annex F) as the basis for future transport planning in York and instruct officers to commence work on a Movement and Place Plan for York (including a bid to the Mayoral Combined Authority for funding), and a five year Implementation Plan for York’s Transport – both for presentation to Executive for approval at a later date.

Reason:     To co-design, with residents, businesses, community

groups, elected members, and health and care partners, the Movement and Place Plan which will deliver better health, climate, access and equalities outcomes for York and to guide transport implementation in York over the next five years.

This report outlines proposals for a Key Route Network (KRN) for York and North Yorkshire, including the process determining how highway routes are identified for inclusion in the KRN. The report also highlights the responsibilities that require the local highway authorities and York and North Yorkshire Combined Authority (YNYCA) to deliver roles to ensure the effective operation and improvement of the KRN.

Resolved:

                         i.         Approved Option 3’s (found in the report) proposals for a Key Route Network in the City of York Council area ahead of submission for approval to the York and North Yorkshire Combined Authority;

                        ii.         Noted the linked Key Route Network being

developed by North Yorkshire Council.

Reason:     To support the future improvement of City of York

Council’s strategic highway links and local delivery of

Movement and Place Plan priorities.

The purpose of this report is to provide Executive with feedback from the public engagement and to outline the recommended next steps for the project.

Resolved:

                      i.         Approved the high-level principles set out for the phase 2 scheme design as detailed in Table 3, reconfirming Executive’s agreement to allocate £570k of UKSPF monies to Acomb and instruct officers to finalise project designs and costings on this basis.

Reason:     In October 2023, it was agreed that an update on

Phase 2 would come back to Executive for their consideration following public engagement. Phase 2 timescales are tight because delivery against UKSPF spend deadlines is extremely challenging (March 25). This progress report brings forward as much as detail possible for Executive to agree the high-level principles, thus allowing the scheme design and costings to be finalised in time for a planned start on site by the end of September 2024.

                     ii.         Delegated authority to approve the recommendations on the final costed scheme design be to the Executive Member for Economy & Culture, to be made at a public decision session in September 2024.

Reason:     Delivery against UKSPF spend deadlines is extremely

challenging (March 25). This progress report brings forward as much as detail possible for Executive to agree the high-level principles, however additional work is still required to finalise designs and costings. It is crucial the learnings and analysis generated from the quantum of engagement responses are reflected in the final designs, and thereby addresses community concerns/ future aspirations.

                    iii.        Given the tight spending timescales of the UKSPF

funding, agree a number of practical next steps to enable officers to commence further necessary preparatory work ahead of final scheme design/costing decisions being made in September 2024, namely:

(a) that work be progressed on the scope, design and procurement of seating/planting, wayfinding/signage and the local ‘place-making/identity’ elements of Phase 2 e.g.

public art/mural(s), and that alternative funding options for this work also be investigated, and to delegate authority to the Director of Housing, Economy & Regeneration (in consultation with the Head of Procurement and the Director

of Governance) to take such steps as are necessary to procure, award and enter into the resulting contracts.

Reason:     Reason, to allow necessary preparatory work to progress and to reduce risks around the tight UKSPF delivery timescales for these elements of the project.

(b) approved commencement of work to enable the statutory consultation for two new Traffic Regulation Orders (TRO’s) required for the proposed new disabled parking area at York Road layby and 20mph speed restriction in main shopping area of Front Street, and to delegate authority to approve the implementation of the TRO’s to the Executive Member for Economy & Culture ( in consultation with the Executive

Member for Transport) when considering the final scheme in September 2024.

Reason:     Statutory Consultation for a Traffic Regulation Order is

required to engage with local traders and businesses to identify any risks or mitigations required to the proposals. There is a 6–7- week lead time with this consultation, commencement of this work prior to consideration of final design in September avoids delay to construction programme and implementation.

(c) asked officers to commence discussions with Make it York  ...  view the full decision text for item 11.

This report seeks the adoption of York’s Fourth Air Quality Action Plan (AQAP4).

Resolved:

                      i.         Review and noted the comments received in relation to the AQAP4 consultation (see Annex C);

                     ii.         Approved the amendments to the draft AQAP4 and responses made by officers in response to consultation feedback (outlined in this report and in Annex C)

                    iii.        Agreed to formerly adopt the amended AQAP4 circulated with this report as CYC’s Fourth Air Quality Action Plan (Annex A) and submit a final version of the document to DEFRA.

Reason:     Adoption of AQAP4 will allow CYC to fulfil its statutory

duties required by the Local Air Quality Management (LAQM) framework under the Environment Act 1995 (as amended). It will ensure that York continues to have a robust, current and relevant Air Quality Action Plan to deliver emission reduction and health improvement benefits over the next 5-year period.

Executive are asked to consider the establishment of a brand new Teckal company, for the continued provision of agency workers to the Council of the City of York (“CYC”).

Resolved:

                      i.         Further to Article 12 of the Council of the City of York’s

Constitution, approve the formation of a new Teckal compliant company for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers to Council of the City of York;

                     ii.         Approved the novation of the Council of the City of York’s current Contract dated 7th September 2023 for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers with the current Teckal company, City of York Trading Limited, to the New Company;

                    iii.        Approved City of York Trading Limited making an Inter- Company Loan to the New Company of up to £500,000 to cover the initial licensing, the first month payroll and HMRC costs for the New Company, pending payment of the initial invoice under the Contract for the Introduction of Candidates

for Direct Engagement and the Provision of Agency Workers by Council;

                   iv.        Delegated authority to the Director of Governance to negotiate, draft and conclude with City of York Trading Limited all necessary documentation linked to the formation of the New Company including (but not limited to) the New Company’s Articles of Association, Shareholder’s Agreement, the Novation of the Contract dated 7th September 2023 for the

Introduction of Candidates for Direct Engagement and the Provision of Agency Workers between the Council of the City of York and the City of York Trading Limited to the New Company, and the Inter-Company Loan between City of York Trading Limited and the New Company.

Reason:     To ensure that the Teckal compliant New Company can deliver candidates for direct engagement and agency workers to CYC in compliance with Reg. 12(1) of the Procurement Regs (and Schedule 2, Part 1, Para 2 of the Procurement Act 2023 once this comes into force later in 2024).

To ensure that CYT can continue to support CYC, whilst enabling the expansion of Work with Schools, Work with Yorkshire, and Williams & Anthony to maximise commercial opportunities and the potential dividend to CYC .

This reports seeks Executive approval to adopt an acquisitions and disposals policy for a small number of council houses, with all sales proceeds from disposals being ringfenced for the acquisition of replacement homes.

Resolved:

                      i.         Approved the adoption of the Housing Revenue Account Acquisitions and Disposals Policy attached at Appendix A;

                     ii.         Approved the delegated authorities set out in the Housing Revenue Account Acquisitions and Disposals Policy to enable the acquisition and disposal of council homes which meet the criteria set out in the policy;

                    iii.        Noted that updates on acquisitions and disposals will be included in future Housing Delivery Programme Executive updates.

Reason:     To enable the acquisition and disposal of council homes which meet the criteria set out in the policy

This report provides an update on the Housing Delivery Programme, including an overview of those sites being developed or held for future delivery within the programme. In addition, the report sets out progress on sites to be delivered by other Registered Providers as well as self and community builders, made possible through Council land disposals. 

Resolved:

Lowfield Green Plot B

                      i.         Agreed to dispose of the Lowfield Plot B site, by freehold transfer or grant of a long lease, to a Registered Provider for the delivery of age-appropriate affordable housing for residents aged over 55;

                     ii.         Delegated authority to the Director of Housing and

Communities in consultation with the Executive Member for Housing, Planning and Safer Communities and Executive Member for Finance, Performance, Major Projects, Human Rights, Equality and Inclusion to agree the final weighting of the criteria for the disposal of the Lowfield Plot B site.

                    iii.        Approved the carrying out of a procurement process to procure a Registered Provider to deliver the Lowfield Plot B scheme and to delegate to the Director of Housing and Communities (in consultation with the Head of Procurement and the Director of Governance) the authority to take such steps as are necessary to procure, award and enter into the resulting contract(s).

Castle Mills

                   iv.        Noted the interest from the Registered Provider in developing the Castle Mills site for 100% affordable housing and agree to a enter a Memorandum of Understanding to grant them an exclusivity over the site for a 4-month period to allow them to undertake further feasibility work with the aim of disposing of

the site for affordable housing.

Former Morrell House site

                     v.        Agreed to dispose of the site, by freehold transfer or grant of a long lease, to a Registered Provider for the delivery of 100% affordable housing schemes;

                   vi.        Delegated authority to the Director of Housing and

Communities (in consultation the Director of Governance) to agree the terms of the disposal and enter into the resulting agreement(s).

Procuring an operator to provide benefits for residents of

Marjorie Waite Court and the surrounding community

                  vii.        Approved the procurement of an operator to provide facilities (including, but not limited to, catering, communal dining, a beauty salon and a community hall) at Marjorie Waite Court under a concession contract, along with a lease, for a term of up to 10 years with break and/or extension points at reasonable intervals within that term and delegate to the Director of Housing and Communities (in consultation with the Director of Governance and the Head of Procurement or their delegated officers) the authority to take such measures as are necessary to determine the terms of the arrangements and to procure, award and enter into the resulting contract and lease.

Disposal of Assets Considered Surplus and not Suitable

for Affordable Housing Delivery

                 viii.        Agreed to dispose of the freehold interest in 22 The Avenue and delegate authority to the Director of Finance (in consultation with the Director of Governance) to agree the terms of the disposal and enter into the resulting agreement;

                   ix.        Agreed to dispose of a 999-year leasehold interest in the 5 No 1 bed flats and communal areas serving such, at Shambles and delegated authority to the Director of Finance (in consultation with the Director of Governance) to agree the terms of the disposal and enter into the  ...  view the full decision text for item 15.