Agenda and draft minutes

To receive and note apologies for absence.

Apologies for absence were received from Councillors Waudby and Vassie. Councillor Nelson was also absent on parental leave.

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.

[Please see attached sheet for further guidance for Members]

At this point in the meeting, Members and co-opted members were asked to declare any disclosable pecuniary interests, or other registerable interests, they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests.

The following interests were declared:

To approve and sign the minutes of the Council meeting held on 19 September 2024.

Resolved:  That the minutes of the Council meeting held on 19 September 2024 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 gave a summary of the activities of the civic party since her last update, which included:

·        Hosting York’s official Remembrance Sunday service and parade, and she thanked everyone who played their part in this.

·        Attending the Samoa National Rugby League which was hosted in York.

·        Meeting with the York RLFC Valkyrie squad at the Mansion House as part of their celebrations following their historic super league grand final win.

·        Attending various celebratory events to mark Diwali and the 35th Anniversary of the York Interfaith Group.

The Lord Mayor noted that following Executive’s decision to reallocate unspent points to the Conservative Group from the 2019/2020 nomination to the current points calculation, the Lord Mayoralty for the 2025/2026 municipal year will therefore fall to the Conservative Group. The Lord Mayor invited the Conservative Group to nominate one of its members to serve as the Right Honourable Lord Mayor for the City of York for the municipal year 2025/2026. Cllr Steward nominated Cllr Rowley BEM as the Lord Mayor Elect. Cllr Rowley BEM confirmed that he would be honoured to accept and nominated former Councillor Paul Doughty as his Sheriff.

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.  The deadline for registering is 5:00pm on Tuesday, 19 November 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 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.

It was reported that four speakers had registered to speak at the meeting under the council’s Public Participation Scheme.

Flick Williams spoke on Agenda Item 10, Report of the Executive Member for Equalities & Human Rights. Ms Williams raised concerns regarding how the labour administration had responded to the oppression experienced by disabled people in the city. She also highlighted her concerns regarding how the York Access Forum was utilised, a denied supplementary planning document for accessible York and the inefficient implementation of the social model plan.

Steven Byford, a local resident, and a national convenor for Unite, the union that represented Sainsbury’s retail workers, spoke on Agenda Item 6, specifically the petition regarding saving Foss Bank Sainsbury’s. He thanked the Councillors who had spoken against the landowner decision to not review the lease with Sainsbury’s which had forced several job losses and would have an impact on the local community. He called upon the council to work with the landowners, Sainsbury’s and Unite to try to secure a site or retail opportunity for Sainsbury’s.

It was noted that the third registered speaker, Gary Graham, had not attended the meeting.

Arshad Mahmood, Chair of York City Taxi Association, spoke on Agenda Item 13, specifically the taxi licensing policy. Mr Mahmood expressed objection to some of the changes proposed in the taxi licensing policy, particularly the decision to enforce black only taxis which could reduce the number of accessible taxis in York and have a financial impact on the struggling York taxi trade. He also explained how the age of the vehicle and the emissions standards were also a concern that would impact on several taxis.

The Lord Mayor thanked all registered speakers for their contributions.

Before moving onto agenda item 6, Petitions, the Lord Mayor invited Cllr Steward to move a motion without notice, under Rule B14 (2) (j) of the Procedure Rules, in order to suspend Procedure Rule B5 (1) to allow him to present a petition. This was seconded by Cllr Nichols and after being put to the vote, the motion was declared carried.

To consider any petitions received from Members in accordance with Standing Order B5.  Notice has been received of three petitions to be presented by:

i)             Cllr Runciman regarding installing a crossing urgently to enable residents, particularly those who are elderly or disabled to get to the Folk Hall and all its facilities safely from the opposite side of the road.

ii)            Cllr Douglas regarding a tourism tax for York.

iii)          Cllr Clarke regarding saving Foss Bank Sainsbury’s.

Subject to the constitution changes proposed in agenda item 12, the following petitions would be presented for reference to either the Corporate Services, Climate Change and Scrutiny Management Committee, or referred to the appropriate decision maker, in accordance with the council’s petition arrangements:

i)                            Cllr Runciman in relation to installing a crossing urgently to enable residents, particularly those who were elderly or disabled to get to the Folk Hall and all its facilities safely from the opposite side of the road.¹

ii)                           Councillor Douglas in relation to a tourism tax for York.²

iii)                         Councillor Clarke in relation to saving Foss Bank Sainsbury’s.³

iv)                         Councillor Steward in relation to broadening the 20mph zone in Copmanthorpe.⁴

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

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

Our City, Our Community

From Cllr Widdowson: Can you tell us what discussions you have had with employers in the city across all sectors about the impact of the labour government’s decision to increase employers’ national insurance contributions and lower the threshold above which contributions are payable?

Response: I am always open to speaking with employees about any impacts that they are feeling from labour party government policy but that is not a request that I have had so far. I would say that our MPs are engaging in that more than I have. In fact, I have not had any requests for it.

Supplementary from Cllr Widdowson: So, from all the meetings that you have had nobody has mentioned the national insurance issues with yourself?

Response: No

Supplementary from Cllr Ayre: I am aware that some councils in West Yorkshire have agreed to uplift all their third sector contracts to offset the national insurance, will that be something that York will do?

Response: We will always consider any challenges that our sectors are facing within our budget setting. We do have to operate within our £150million budget so it will be considered under the process that we are going through now and that is conversations that we have been having internally about any impact that this will raise. We are as always open to suggestions, and we will move forward in an appropriate and responsible manner.

From Cllr Taylor: I know that the council’s leadership has taken the National Railway Museum walkway agreement issue very seriously, can the Leader explain where discussions are up to now with the Railway Museum in representing the interests of Leeman Road residents?

Response: It’s not been a quick and straightforward process and there has been a lot of negotiation, but we are in the final stages on a letter of agreement to allow Leeman Road residents access through the Great Hall when it is completed from 7:30am in the morning until 7:00pm at night, I may have that slightly wrong, other than when there are notified events. It is a great improvement. There is more work to do in this area and we will continue the conversation. Partnership working gets results for our residents.

Delivering for Our City

From Cllr Healey: Your report refers to the local transport strategy and the ambition to get more people cycling but for this to happen we need road surfaces that are safe to cycle on. Can the Leader say how this ambition fits with the proposal in the current budget consultation for cuts to be made to funding for road maintenance?

Response: It is important that we have safe and good road surfaces and actually at the moment City of York Council puts about five million pounds a year into road surfacing and improvements. That  ...  view the full minutes text for item 46.

To consider the following Motions on Notice under Standing Order B13:

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

i)   From Cllr Baxter

Protecting more of York’s Community Assets

“Council notes the important role local assets play in supporting York’s communities to thrive. It further notes the broad range of valued local facilities and venues from community centres to pubs, from cinemas to music venues to green spaces and much more.

Council believes that the shift in shopping habits away from the high street, often leaving long-term empty retail units, poses questions for communities and their representatives around broadening the definition of what makes a community asset and how to ensure productive use of local buildings.

Further, council notes the Government’s plans, to start in 2026, to reduce business rates for high street retail, hospitality and leisure businesses, with the aim of creating a more level playing field with online retailers and reducing the number of high street business closures.

Council welcomes:

•      the Government’s plans to introduce a Community Right to Buy and commitment to strengthen the powers available to communities, including a first refusal on a wider range of Assets of Community Value (ACVs), and doubling the time period for communities to raise finance to buy ACVs from six months to twelve;

·        the role that local people, community groups and other organisations have played in saving and breathing new life into once forgotten or at-risk venues through ACV nominations like New Earswick and District Indoor Bowling Club, Holgate Community Garden and Strensall Library, which should be celebrated.

Council resolves:

•      to support individuals and community groups interested in protecting or acquiring an asset by sharing information with them on local and national funders. This includes making links with and working with organisations such as Plunkett UK, Music Venue Trust and Power to Change;

•      to commit to supporting further work to ensure processes for protecting and acquiring community assets are as accessible as possible;

•      to request its scrutiny function considers how best the council can:

1.   Promote adding to the local register of Assets of Community Value;

2.   Make it easier for residents and community groups to nominate an ACV;

3.   Celebrate the success stories of ACVs in our community to encourage new nominations;

4. prepare for law changes on the Community Right to Buy in securing a wider range of ACVs.”

ii)    From Cllr Mason

Protecting York’s Primary and Social Care providers

“Council notes

-         The 1.2% increase in Employers National Insurance, the decrease in the threshold to start paying Employers National Insurance from £9,100 to £5,000 and the increase in the allowance to £10,500.

-         That these changes will not apply to the public sector, with public bodies being reimbursed for the additional Tax.

-         The Liberal Democrat leader, Ed Davey MP, calling on the government to exclude social care providers from the increase in National Insurance.

-         The Labour Council’s recent decision to cut £450,000 worth of contracts  ...  view the full agenda text for item 47.

(i)     Protecting more of York’s Community Assets

Moved by Cllr Baxter, seconded by Cllr Lomas.

“Council notes the important role local assets play in supporting York’s communities to thrive. It further notes the broad range of valued local facilities and venues from community centres to pubs, from cinemas to music venues to green spaces and much more.

Council believes that the shift in shopping habits away from the high street, often leaving long-term empty retail units, poses questions for communities and their representatives around broadening the definition of what makes a community asset and how to ensure productive use of local buildings.

Further, council notes the Government’s plans, to start in 2026, to reduce business rates for high street retail, hospitality, and leisure businesses, with the aim of creating a more level playing field with online retailers and reducing the number of high street business closures.

Council welcomes:

·        the Government’s plans to introduce a Community Right to Buy and commitment to strengthen the powers available to communities, including a first refusal on a wider range of Assets of Community Value (ACVs), and doubling the time period for communities to raise finance to buy ACVs from six months to twelve.

·        the role that local people, community groups and other organisations have played in saving and breathing new life into once forgotten or at-risk venues through ACV nominations like New Earswick and District Indoor Bowling Club, Holgate Community Garden and Strensall Library, which should be celebrated.

Council resolves:

·        to support individuals and community groups interested in protecting or acquiring an asset by sharing information with them on local and national funders. This includes making links with and working with organisations such as Plunkett UK, Music Venue Trust, and Power to Change;

·        to commit to supporting further work to ensure processes for protecting and acquiring community assets are as accessible as possible;

·        to request its scrutiny function considers how best the council can:

1.   Promote adding to the local register of Assets of Community Value;

2.   Make it easier for residents and community groups to nominate an ACV;

3.   Celebrate the success stories of ACVs in our community to encourage new nominations;

4.    Prepare for law changes on the Community Right to Buy in securing a wider range of ACVs.”

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

Resolved: That the above motion be approved.¹

ii) Protecting York’s Primary and Social Care providers

Moved by Cllr Mason, seconded by Cllr Widdowson.

“Council notes:

-      The 1.2% increase in Employers National Insurance, the decrease in the threshold to start paying Employers National Insurance from £9,100 to £5,000 and the increase in the allowance to £10,500.

-      That these changes will not apply to the public sector, with public bodies being reimbursed for the additional Tax.

-      The Liberal Democrat leader, Ed Davey MP, calling on the government to exclude social care providers from the increase in National Insurance.

-      The Labour Council’s recent decision to cut £450,000  ...  view the full minutes text for item 47.

To question the Leader and/or Executive Members in respect of any matter within their portfolio responsibility, in accordance with Standing Order B11.

Members were invited to question the Leader or Executive Members. Questions were received from the floor from the following Members, and replied to as indicated:

Questions to Cllr Ravilious, Executive Member for Transport

From Cllr Nichols: Is there any possibility of a one-way system around South Bank to try and prevent the standoff between lorries and buses?

Response: I appreciate that there are problems with the number 11 bus, and we are recognising that, and First Bus are recognising that. The reliability is poor so I have asked officers to review and check the reliability figures and we will also look at measures to overcome some of the pinch points and the congestion in the city. What we are learning is that most of the unreliability of our bus services across the city is due to congestion. The city centre sustainable travel corridor that we will be consulting on in the new year is that first step towards really addressing the congestion and that is important in the longer term, but we still have to do things in the shorter term too. We need to look at some of the pinch points on the route such as that South Bank loop and we have some funding as part of our BSIP award to do exactly those kinds of measures. We can ask officers to look at this and I am very happy to continue working with you to improve that route.

From Cllr Widdowson: Council finances continue to be reliant on parking income and the ongoing budget consultation includes a proposal to further increase city centre parking charges. Can you please set out what assessment has been made to the likely impact on council finances if this were to lead to significant decreases in parking income and whether alternative sources of revenue have been identified?

Response: This is a budget consultation, and we are looking for feedback from people about their thoughts and feelings on the measures in there. It is currently far cheaper to drive into York and park then catch the bus into York. Our transport strategy wants to enable people to use sustainable means of travel, so we have taken the approach of matching a family bus ticket cost with the first two hours of parking in the city centre. If you are coming into York for two hours or more, it is cheaper to catch the bus into the city than to drive and park. When we look at other cities where parking prices are similar or higher we are seeing from their evidence that it did bring about some behaviour change and not necessarily a drastic income change. It is a suggestion, and we will wait to see what the public feedback is.

Questions to Cllr Kent, Executive Member forEnvironment and Climate Change  

From Cllr Fenton: The ongoing second phase of the budget consultation seeks views on a proposal that could see some local recycling banks removed but others retained. Can you provide  ...  view the full minutes text for item 48.

To receive a written report from the Executive Member for Finance, Performance, Major Projects, Human Rights, Equality and Inclusion, and to question the Executive Member thereon, in accordance with Standing Orders B9 and B10.

A written report was received from Cllr Lomas, Executive Member for Finance, Performance, Major Projects, Human Rights, Equality, and Inclusion.

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

Council Tax

From Cllr Steward: There are three views on council tax, that it should be frozen as advocated by Keir Starmer a year ago, that there should be an increase such as 5% as is the current labour government policy, or that there should be no cap, in which camp is the Executive Member?

Response: I am happy to talk about our approach to council tax. What we would like to do is to make sure the council can continue to provide the services that our residents need and rely on. What I would prefer to do with council tax personally is less relevant to this conversation. I think we will be forced into a position to increase council tax in order to safeguard those frontline services that our residents rely on so much.

Supplementary from Cllr Ayre: How much precisely would that 5% increase raise and how much of that would be offset against increased in contract costs as a result of the National Insurance increases?

Response: I will write to you with those figures.

Supplementary from Cllr Ayre: Do you agree with my assertion that probably about 2.5% of the council tax increase will go directly on the national insurance cost of contracts?

Response: I have answered your question.

Affordable Housing on York Central

From Cllr Taylor: Concerning affordable housing on York Central, can the Executive Member explain how plans have changed over the last year and how she sees the role of social housing helping meet the housing needs of York residents on this site?

Response: This is a really important issue for residents of York. We have entered productive discussions with all the partners in the York Central partnership and we are now looking at not the 20% affordable housing that was originally planned but in fact we are looking at ways that we can double that amount to providing 40% affordable housing on that site. It is an exciting development that actually delivers for the people of York and gives the opportunity for ordinary people in York to be able to live in their own city which is something that we are all very concerned about at the moment.

Supplementary from Cllr Healey: I believe the Leaders report had a figure of up to 50% should the figure that the council should be holding you to account for be 40, 50 or 20?

Response: The original plans for York Central were 20%. Your previous administration agreed 20% so that is the figure which you can hold us to account on but I am telling you that we are ambitious for our city and so we are going to go further than  ...  view the full minutes text for item 49.

To receive a report from Councillor Fenton, Chair of the Corporate Services, Climate Change and Scrutiny Management Committee (CSCCSMC), on the work of the Committee.

A written report was received from Cllr Fenton, Chair of the Corporate Services, Climate Change and Scrutiny Management Committee, on the work of the committee.

To consider the recommendations for approval set out below:

Council received a report from the Monitoring Officer regarding approval and adoption of revisions to the Constitution, in accordance with the recommendations of the Audit & Governance Committee.

The Chair of the Audit and Governance Committee expressed his gratitude to the councillors and officers that had contributed to ensure the revisions were fit for purpose.

Recommended:

i)             Council is recommended to approve the New Council Procedure Rules.

Reason: Approval is required in order to update the Council Procedure Rules.

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

Resolved:  That the above recommendation be approved.¹

To consider the recommendations for approval set out below:

Council received a report which presented the recommendations of the Licensing & Regulatory Committee from the Licensing & Regulatory Committee meetings held on 8 October 2024 and 4 November 2024, as contained in the reports set out in the Council agenda from page 221.

Cllr Melly moved, and Cllr Cuthbertson seconded the following recommendations contained in the reports subject to correcting a typographical error throughout the new taxi licensing policy and its annexes that referred to the largest private hire operators as being 99+ vehicles when it should be 91+ vehicles.

New Taxi Licensing Policy

Recommended:  

i)             That, in accordance with Option 1, Council approves the new policy as recommended by Members of the Licensing and Regulatory Committee to ensure the Taxi Licensing Policy complies with Statutory Standards and Best Practice Guidance (or any departures can be locally justified) thereby aiming to make taxi journeys in York even safer, more environmentally friendly and provide greater customer choice particularly for disabled passengers.

During debate, Cllr Mason proposed, and Cllr Widdowson seconded an amendment to the policy at section 14.4 in that Hackney Carriage wheelchair accessible vehicles should be exempt from being mandatory black in colour.

On being put to the vote, the amendment was declared LOST.

On being put to the vote, the recommendation was declared CARRIED, subject to including the typographical error, and it was

Resolved:  That the above recommendation, subject to including the typographical error as noted above, be approved.¹

Gambling Act 2005 - Statements of Licensing Policy

Recommended:

i)             That in accordance with Option 1, Council approves the new Statement of Licensing Policy as recommended by Members of the Licensing and Regulatory Committee.

Reason: To meet the legislative requirements of the Gambling Act 2005.

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

Resolved:  That the above recommendation be approved.²

This report presents for consideration and approval by Council the draft Corporate Calendar of meetings from May 2025 to May 2026, attached as Annex A.

The following recommendations contained in the report of the Director of Governance and Monitoring Officer at pages 451 and 452 of the agenda papers was moved by CllrDouglas and seconded by Cllr Kilbane.

Recommended:

i)             That the Corporate Calendar of meetings for 2025/26, at Annex A to the report, be approved.

ii)            That the Director of Governance be authorised to make any changes to the Calendar as may prove necessary from time to time.

Reasons:

i)             To provide a framework for the democratic and decision-making functions which will underpin delivery of the Council’s corporate priorities.

ii)            To ensure that the calendar of meetings is implemented to assist with the forward planning and better management of meetings.

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

Resolved:  That the above recommendation be approved.¹

The purpose of the report is to present for approval the Council’s Pay Policy Statement for 2024-2025.

The Director of Governance and Monitoring Officer informed Council that there was an error in the agenda pack in that the previous version of the pay policy statement had been submitted and he proposed deferring the item. It was acknowledged that the correct report and pay policy statement would be circulated to Members and published online.

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

Recommended:

i) That the item be deferredto the next council meeting and the correct report and pay policy statement be circulated to Members and published online.¹

Reason: In order to ensure the correct report and pay policy statement were being considered.

To report to Council on the use of Special Urgency procedures, as required by legislation, and as set out within the City of York Council Constitution and to report, for information, the instances where General Exception (i.e. Urgency) Procedures were used.

The following recommendation contained in the report of the Director of Governance and Monitoring Officer at page 492 of the agenda papers was considered:

That Council is recommended to note the report.

Reason:     To comply with legislative and constitutional requirements and ensure full transparency.

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

Resolved: That the report be noted.

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 set out in the agenda at page 497 be noted.¹