Agenda and minutes

At this point, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests they might have in the business on the agenda.

Cllr Melly declared a pecuniary interest in Motion (iv) at Agenda Item 8 (Fair Funding Deal for Police and Fire Services).  She left the meeting during consideration of that motion and took no part in the debate or decision thereon.

Later in the meeting, Cllr Norman declared a pecuniary interest in the Executive recommendation at Agenda Item 6 (Plans for the Future of the Health and Care System in York), as an employee of Nottingham Rehabilitation Service.  He left the meeting during consideration of that recommendation and took no part in the debate or decision thereon.

To approve and sign the minutes of the Budget Council meeting held on 25 February 2021.

Resolved:  That the minutes of the Budget Council meeting held on 25 February 2021 be approved and then signed by the Chair as a correct record.

To consider any announcements made by the Lord Mayor in respect of Civic business.

The Lord Mayor made reference to the recent tragic death of Sarah Everard, a former resident of York. Members observed a few moments’ silence in memory of Sarah, and other victims of violent assaults upon women, in the context of International Women’s Week.

At this point in the meeting, any member of the public who has registered to address the Council, or to ask a Member of the Council a question, on a matter directly relevant to the business of the Council or the City, may do so. 

Please note that the deadlines for registering to speak at our meetings have changed to two working days before the meeting, in order to facilitate the management of public participation at remote meetings. The deadline for registering is 5:00pm on Thursday, 18 March 2021.

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 Remote Public Meetings

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

www.york.gov.uk/webcasts.

During coronavirus, we've made some changes to how we're running council meetings.  See our coronavirus updates at www.york.gov.uk/COVIDDemocracy for more information on meetings and decisions.

It was reported that ten members of the public had registered to speak at the meeting under the Public Participation item, but one had since withdrawn.

Verity Glendenning of York Must Act spoke in support of the petition to be presented under Agenda Item 5, noting that other local authorities had already signed up to a similar pledge.

Amy Creighton also spoke in support of the York Must Act petition, highlighting the worsening plight of refugees during the Covid-19 pandemic.

Charlotte Russell also spoke in support of the petition, referring to her own experience of volunteering in the refugee camps in Greece.

Johnny Hayes spoke in support of Motion (i) at Agenda Item 8 (Protecting Jobs, Investing in our Communities and Transparency in the Planning System), applauding the motion as promoting investment in the future.

Daniel Loyd spoke in support of Motion (iii) at Agenda Item 8 (Becoming at Trans Inclusive Council), on behalf of the University of York LGBT+ Network.

LaliHewitson, proprietor of the Portal Bookshop, also spoke in support of Motion (iii), which she referred to as ‘basic’ in circumstances where trans people were feeling unsafe.     

Sue Pascoe also spoke in support of Motion (iii), as a transgender woman who had benefited from services in York.

Rowan Casey also spoke in support of Motion (iii) from a personal perspective, stating there was moral obligation to approve the motion.

Tom Franklin, Chair of York Green Party, spoke in support of Motion (iv) at Agenda Item 8 (Fair Funding Deal for Police and Fire Services), highlighting the need to transfer funding for certain areas of work to other organisations more qualified to carry it out.

To consider any petitions received from Members in accordance with Standing Order No.15.  Notice has been received of one petition to be presented by:

·        Cllr Webb, on behalf of the York Must Act campaign group, calling on the council to pledge to re-locate asylum seekers from the Aegean Islands hotspot camps.

Under Standing Order 15, the following petition was presented by the following Member for reference to the Customer and Corporate Services Scrutiny Management Committee, in accordance with the Council’s petition arrangements:

·        Cllr Webb -  an online petition from York Must Act, signed by 828 people to date, calling on the Council to support the Europe Must Act campaign to welcome refugees from the Greek Aegean Islands. ¹

To receive and consider a written report from the Leader, to ask questions on the work of the Executive, and to consider the Executive recommendations for approval, as set out below:

A – Executive Leader’s Report

A written report was received from the Executive Leader, Cllr Aspden, on the work of the Executive.

Members were then invited to question the Leader on his report.  Questions were received from the floor from the following Members in relation to the subjects listed, and replied to as indicated:

York Central

Cllr K Taylor: how will plans progress if the public inquiry determines Leeman Road should remain open?

(Supplementary from Cllr Webb: what will be the impact of  Network Rail’s apparent threat at Planning Committee to pull out of the land deal?)

Response: should this happen the York Central Partnership will need to look at that aspect of the reserved planning matters. An update will be provided to the Executive meeting in April. Stakeholders wish to protect their commercial position in any negotiations, but the fact that the project has progressed this far demonstrates the success of the partnership approach.

Local Government Reorganisation

Cllr Fisher: can you outline what the council has done to progress the aim to keep York within its current boundaries?

Response: partners aree working together on making the case for decisions on York to be taken within the city, and also working with North Yorkshire on devolution, so that the government can consider the strength of feeling in York.  The government’s response is expected in summer 2021.

Local Plan

Cllr Kilbane: the Chair of York Property Forum was quoted in the Press as describing the lack of progress as an embarrassment – has the council failed to follow the Inspector’s instructions?

(Supplementaries from Cllrs Wells and Kilbane on the timetable and the consequences of it not being met).

Response: we have been without a Local Plan for decades, across many administrations.  More progress has now been made on the Plan than ever before; it has cross-party support and a timetable has been agreed.  It is in all our interests to keep to the timetable and work to get the Plan adopted.

Responding to Covid-19

Cllr Vassie: following the success of the local test and trace system last year, what are the future plans for this?

Response: this success has been due to the hard work of our public health team, and if local authorities had been trusted earlier the systems would have operated more smoothly.  York was one of the first to start local test and trace, and the government has now agreed that all local testing for the city will be undertaken locally.  We can all be part of that effort.

B – Executive Recommendations

Plans for the Future of the Health and Care System in York

Cllr Aspden moved, and Cllr D’Agorne seconded, the following recommendation contained in Minute 118 of the Executive meeting held on 18 March 2021:

Recommended:  That the York Health and Care Alliance be adopted as a sub-group of the Health and Wellbeing Board.

Reason:     In order to prepare the system in York to respond to the coming Government reforms to health and social  ...  view the full minutes text for item 99.

To receive and consider a written report from the Deputy Leader, and to question the Deputy Leader thereon.

-A written report was received from the Deputy Leader, Cllr D’Agorne.

Members were then invited to question the Deputy Leader on his report.  Questions were received from the floor from the following Members in relation to the subjects listed, and replied to as indicated:

Responding to the pandemic

Cllr Kilbane: will you join us in condemning the conspiracy theories fuelling anti-vaccination campaigns, and put on record the Green Party’s position on 5G masts?

(Supplementary from Cllr Taylor: what can the council do to control the circulation of this misinformation?)

Response: vaccination is an essential part of dealing with the pandemic and I have been vaccinated myself. The Green group have not discussed this matter but clearly support protecting people from Covid. I support the work the council has done on social media to help people access the correct information and understand that concerns around the Astra Zenica vaccine have been allayed.

Reducing Emissions

From Cllr Hollyer: York has been awarded £300k by DEFRA to reduce emissions.  How will the project be rolled out and sit within air quality improvement programmes?

Response: air quality is an important concern, and we cannot rely on just one approach.  Our successful bid will allow us to investigate an approach to freight in the city that will reduce emissions and address the issue of damage to historic buildings by large vehicles. This will complement other aspects of our work.

Hazel Court

From Cllr Fitzpatrick: what longer-term plans traffic plans do you have for tackling tailbacks here at peak periods?

(Supplementaries from Cllr Fitzpatrick and Cllr Rowley: what about the problems that are still ongoing? Will you look at a complete review and re-design of that junction?)

Response: Problems were caused by a lot of people having a ‘clearout’ during lockdown, combined with reduced opening hours and capacity due to Covid restrictions. As set out in my report, the opening hours have been extended. I’d be happy to look at any ongoing problems in more detail, and at a possible review.

To consider the following Motions on Notice under Standing Order 22:

Motions submitted for consideration directly by Council, in accordance with Standing Order 22.1

(i)           From Cllr Pavlovic

Protecting Jobs, Investing in our Communities and Transparency in the Planning System

“Council recognises the importance of the planning process in achieving balance between residential and commercial development and in ensuring communities derive benefit from such development through developer contributions.

Council further recognises:

·        York as a vibrant city centre needing a strong business and commercial heart for the city to maintain its competitiveness;

·        the significant loss of office space through office-to-residential conversions following the Government’s extension of permitted development rights (PDRs) in 2013, and the associated flight of higher paid jobs out of our city;

·        the critical importance and democratic role of the local planning authority in determining where conversions are appropriate and where they are not - a power lost through PDRs;

·        the current loss of community benefit through developer contributions such as open space and affordable housing provision in cases of office to residential conversions;

·        existing opaqueness in the seeking of, decision making around and subsequent spending of developer contributions (through the Section 106 mechanism);

·        the need for transparency and democratic accountability in how millions of pounds of developer contributions are spent each year in York.

Council believes the loss of significant amounts of office space - both sustained to date and anticipated in the future - risks hollowing out the city and systematically reducing better paid career opportunities in York for both the current and the next generation of York workers. 

Council believes it is imperative that democratically-elected local representatives retain the tools and flexibility to adapt to changes in order to protect the character of the city and support the local workforce as we emerge into a post-pandemic world.

Council resolves to request that Executive:

·        explore options for pursuing Article 4 Direction powers to suspend Permitted Development Rights (under The Town and Country Planning (General Permitted Development) (England) Order 2015) on conversions that continue to threaten the viability of York’s economy through the loss of both retail and office space;

·        develop a system whereby all developer contribution agreements with the council are publicly available in an easily accessible format, including trigger points for the release of those funds, and a record of any unspent monies returned to developers;

·        facilitate improved Ward Councillor involvement in the S106 process, such that the priorities of individual communities are taken into account prior to opening negotiations with developers (whilst not hindering adherence to statutory deadlines);

·        request that Planning Officers roll-out a programme of high-level training on the S106 process, including its current limitations, for all councillors.”

(ii)         From Cllr Vassie

York’s Pension Investment in a Sustainable Future

“Council notes:

·        More and more pension funds are divesting from fossil fuels both in the UK and across the world. Globally $14.56 trillion is now committed to divestment. It is clear that pension funds across the UK and around the world no longer view fossil  ...  view the full agenda text for item 101.

(i)           Protecting Jobs, Investing in our Communities and Transparency in the Planning System

Cllr Pavlovic sought consent to alter his motion to incorporate the amendments submitted by Cllrs Doughty and Ayre respectively.

Council having granted consent, the altered motion was moved by Cllr Pavlovic and seconded by Cllr Douglas, as follows:

“Council recognises the importance of the planning process in achieving balance between residential and commercial development and in ensuring communities derive benefit from such development through developer contributions.

Council further recognises:

·        York as a vibrant city centre needing a strong business and commercial heart for the city to maintain its competitiveness;

·        the significant loss of office space through office-to-residential conversions following the Government’s extension of permitted development rights (PDRs) in 2013;

·        the critical importance and democratic role of the local planning authority in determining where conversions are appropriate and where they are not - a power lost through PDRs;

·        the current loss of community benefit through developer contributions such as open space and affordable housing provision in cases of office to residential conversions;

·        existing opaqueness in the seeking of, decision making around and subsequent spending of developer contributions (through the Section 106 mechanism);

·        the need for transparency and democratic accountability in how millions of pounds of developer contributions are spent each year in York.

Council believes the loss of significant amounts of office space - both sustained to date and anticipated in the future - risks hollowing out the city and systematically reducing better paid career opportunities in York for both the current and the next generation of York workers. 

Council believes it is imperative that democratically-elected local representatives retain the tools and flexibility to adapt to changes in order to protect the character of the city and support the local workforce as we emerge into a post-pandemic world.

Council resolves to request that Executive:

·        explore options for pursuing Article 4 Direction powers to suspend Permitted Development Rights (under The Town and Country Planning (General Permitted Development) (England) Order 2015) on conversions that continue to threaten the viability of York’s economy through the loss of both retail and office space,without diverting necessary resources from the Local Plan process;

·        develop a system whereby all developer contribution agreements with the council are publicly available in an easily accessible format, including trigger points for the release of those funds, and a record of any unspent monies returned to developers;

·        facilitate improved Ward Councillor involvement, and for parish councils where in existence, in the S106 process, such that the priorities of individual communities are taken into account prior to opening negotiations with developers (whilst not hindering adherence to statutory deadlines);

·        request that Planning Officers roll-out a programme of high-level training on the S106 process, including its current limitations, for all councillors.

Council asks the Directorate for Housing, Economy and Place to actively investigate CPOs of buildings and land which are evidently consistently neglected by landlords and development of which can improve the area and be revenue beneficial to taxpayers. Council further asks  ...  view the full minutes text for item 101.

To question the Leader and/or Executive Members in respect of any matter within their portfolio responsibility, in accordance with Standing Order 20.

No questions were taken under this item, as the guillotine had fallen.

To receive a written report from the Executive Member for Economy and Strategic Planning and to question the Executive Member thereon, in accordance with Standing Order 19.

A written report was received from Cllr Waller, Executive Member for Economy and Strategic Planning.

To receive a report from Councillor Crawshaw, Chair of the Customer & Corporate Services Scrutiny Management Committee, on the work of the Committee.

A written report was received from Cllr Crawshaw, Chair of the Customer and Corporate Services Scrutiny Management Committee, on the work of the Committee since the last report to Council, on 29 October 2020.

To receive for approval the council’s Pay Policy Statement for 2021/2022.

Council received a report which presented the Pay Policy Statement for 2021/22.

Cllr Aspden moved, and Cllr D’Agorne seconded, the following recommendation contained in paragraph 16 of the report:

“That Council approve the Pay Policy Statement for 2021/22 relating to the pay of the Council’s senior staff.

Reason:     In order to fulfil the requirements of Section 38-43 of the Localism Act 2011 for the council to produce and publish an annual policy statement that covers a number of matters concerning the pay of the council’s senior staff, principally Chief Officers and relationships with the pay of the rest of the workforce.”

On being put to the vote, the recommendation was declared CARRIED and it was

Resolved:  That the above recommendation be approved.¹

To receive a report on the work of the Joint Standards Committee in 2019/20.

A written report was received from Cllr Rowley, Chair of the Joint Standards Committee, on the work of the Committee for the 2019/20 Municipal Year.

To receive a report of the Monitoring Officer which provides details of the ballot held by the Yorkshire Association of Local Councils to fill the vacant Parish Council position on the Joint Standards Committee, and seeks approval for revisions to the committee’s terms of reference to allow the nomination to be accepted.

Council received a report from the Monitoring Officer in respect of a change to the terms of reference of the Joint Standards Committee.

Cllr Rowley moved, and Cllr Fisher seconded, the following recommendations contained in the report:

“Council is asked to:

1.   Approve the amended terms of reference for the Joint Standards Committee as detailed at Appendix Two of this report to reflect that Rawcliffe Parish Council and Strensall and Towthorpe Parish Council are members of the Committee.

2.   Approve the appointment of Parish Councillor Waudby from Rawcliffe Parish Council to the Joint Standards Committee.”

On being put to the vote, the recommendations were declared CARRIED and it was

Resolved:  That the above recommendations be approved.¹

To consider the appointments and changes to membership of committees and outside bodies set out on the list attached to this summons.

Resolved:  That the appointments and changes to membership on the list at page 93 of the agenda papers be approved.¹