Agenda, decisions and minutes

At this point Members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

 Members were invited to declare at this point in the meeting any personal or prejudicial interest they might have in the business on the agenda.

Councillor Potter declared a personal non prejudicial interest in Agenda Item 5 (Contaminated Land Investigation Funding) as Chair of Governors at Tang Hall Primary School.

To approve and sign the minutes of the meeting held on 7 September 2006.

RESOLVED:             That the minutes of the meeting of the Executive Member for Neighbourhoods and Advisory Panel held on 7 September 2006 be approved and signed by the Chair and Executive Member as a correct record subject to the addition of Cllr B Watson as attending the meeting.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Panel’s remit can do so. Anyone who wishes to register or requires further information is requested to contact the Democracy Officer on the contact details listed at the foot of this agenda. The deadline for registering is Tuesday 17 October at 10 am.

It was reported that there had been no registrations to speak at the meeting, under the Council’s Public Participation Scheme.

The purpose of this report is to ask Members whether they wish to implement the standard default level for the Fixed Penalty Notices (FPN’s); whether to implement the standard default level and offer a reduction for early payment (within 10 days), (in line with local authorities in the North Yorkshire region); or to specify the amount of the  FPN’s from within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (regulation 2).  Members are also asked to approve a proposed communication and awareness strategy,   and the commencement date of the 20^th November 2006for implementation of FPN enforcement.

Members considered a report which asked them whether they wished to implement the standard default level for Fixed Penalty Notices (FPNs),  whether to implement the standard default level and offer a reduction for early payment (within 10 days), (in line with local authorities in the North Yorkshire region); or to specify the amount of the  FPN’s from within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (regulation 2).  The ranges were from £50 to £80 for those offences with a default amount of £75, and from £75 to £110 for offences with a default amount of £100. Members were also asked to approve a proposed communication and awareness strategy, and the commencement date of the 20^th November 2006 for implementation of FPN enforcement.

The FPN levels recommended by North Yorkshire Chief Officers Group are as follows:

The report presented three options:

(a) To set the level for FPN’s at the standard default level, in line with surrounding authorities in the North Yorkshire area, including the application of a discount for prompt payment at the minimum level below which the discounted penalties cannot fall, within 10 days of the offence, as detailed in the table in paragraph 9 of the report and the table above;

(b)               To set the level for the FPN’s at the standard default level as detailed in Annex A of the report and not to offer a discount for prompt payment;

(c)               To specify the amount of the FPN’s from within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (regulation 2).  These ranges are from £50 to £80 for those offences with a default amount of £75 and from £75 to £110 for offences with a default amount of £100.  Annex A provides the details of these ranges for each listed offence.  Associated with this is that the amount of the discount should also be specified, should Members so wish.

The report also detailed the steps required to satisfy DEFRA statutory guidance regarding  a well publicised lead in period to raise awareness of the proposed changes to the enforcement action:

i)       Enforcement information will be available on the CYC web

ii)     Press releases – The first of which was issued with this report.  From this it is hoped that the Press and other media such as local radio stations will feature information on enforcement action within the street environment.

iii)   Information will be placed in council produced external and internal publications, such as YourWard (subject to Ward  ...  view the full decision text for item 28.

Members considered a report which asked them whether they wished to implement the standard default level for Fixed Penalty Notices (FPNs),  whether to implement the standard default level and offer a reduction for early payment (within 10 days), (in line with local authorities in the North Yorkshire region); or to specify the amount of the  FPN’s from within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (Regulation 2).  The ranges were from £50 to £80 for those offences with a default amount of £75, and from £75 to £110 for offences with a default amount of £100. Members were also asked to approve a proposed communication and awareness strategy, and the commencement date of the 20^th November 2006 for implementation of FPN enforcement.

The FPN levels recommended by North Yorkshire Chief Officers Group were as follows:

The report presented three options:

(a)               To set the level for FPN’s at the standard default level, in line with surrounding authorities in the North Yorkshire area, including the application of a discount for prompt payment at the minimum level below which the discounted penalties cannot fall, within 10 days of the offence, as detailed in the table in paragraph 9 of the report and the table above;

(b)       To set the level for the FPN’s at the standard default level as detailed in Annex A of the report and not to offer a discount for prompt payment;

(c)               To specify the amount of the FPN’s from within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (Regulation 2).  These ranges are from £50 to £80 for those offences with a default amount of £75 and from £75 to £110 for offences with a default amount of £100.  Annex A provided the details of these ranges for each listed offence.  Associated with this is that the amount of the discount should also be specified, should Members so wish.

The report also detailed the steps required to satisfy DEFRA’s statutory guidance regarding a well publicised lead in period to raise awareness of the proposed changes to the enforcement action:

i)            Enforcement information will be available on the CYC web

ii)         Press releases – The first of which was issued with this report.  From this it is hoped that the Press and other media such as local radio stations will feature information on enforcement action within the streetenvironment.

iii)            Information will be placed in council produced external and internal publications, such as YourWard (subject to Ward  ...  view the full minutes text for item 28.

On 9 February 2005, in compliance with the City of York Council ‘Contaminated Land Strategy’, and the statutory requirements of the Environmental Protection Act 1990, the Executive Member approved a report which included a proposal for initial (“preliminary”) investigation by Environmental Protection Unit (EPU) of three areas of land which historically had been used for domestic and / or commercial waste tipping (“landfilling”). Later that year, the council’s EPU in accordance with the decision by the Executive Member, conducted preliminary contaminated land investigations of the following council-owned land, Nun Ings (off Butcher Terrace) in Micklegate ward, King George’s Playing Field in Heworth ward, and Tang Hall Primary School Playing Field (at the junction of Eighth Avenue and Fifth Avenue) in Heworth ward. In March 2006 as a result of preliminary investigations an application was made to the Department for Environment, Food and Rural Affairs (Defra) for grant funding to support more detailed investigation of these areas. In July 2006 Defra replied to say they approved the requested funding (£33,150). A decision is therefore requested from members to accept the grant offered and conduct the detailed investigations.

Members considered a report which detailed the background to the preliminary contaminated land investigations into three areas of land in the city. On 9 February 2005, in compliance with the City of York Council ‘Contaminated Land Strategy’, and the statutory requirements of the Environmental Protection Act 1990, the Executive Member approved a report which included a proposal for initial (“preliminary”) investigation by Environmental Protection Unit (EPU) of three areas of land which historically had been used for domestic and / or commercial waste tipping (“landfilling”).  Later that year, the council’s EPU in accordance with the decision by the Executive Member, conducted preliminary contaminated land investigations of the following council-owned land; Nun Ings (off Butcher Terrace) in Micklegate ward, King George’s Playing Field in Heworth ward, Tang Hall Primary School Playing Field (at the junction of Eighth Avenue and Fifth Avenue) in Heworth ward.

In March 2006 as a result of preliminary investigations an application was made to the Department for Environment, Food and Rural Affairs (Defra) for grant funding to support more detailed investigation of these areas. In July 2006 Defra replied to say they approved the requested funding (£33,150).

Members were asked for a decision regarding the acceptance of the grant offered and whether to conduct the detailed investigations.

Members were updated that the investigation and monitoring of the sites would require additional staffing resources of 0.5 fte Contaminated Land Assistant on a temporary basis until the investigation was complete. The cost of this resource would be funded from the grant.

Advice of the Advisory Panel

That the Executive Member be advised :

(i)                 To accept the grant fund offered by Defra;

(ii)               To note that the Director of Neighbourhood Services exercises his delegated powers to appoint a part-time contaminated land assistant on a temporary basis as detailed above.  

Decision of the Executive Member

RESOLVED:             That the advice of the Advisory Panel be accepted and endorsed.       

REASON:                  (i) To allow the council to investigate the three areas of land identified, in accordance with the obligations placed on the council by Part 11A of the Environmental Protection Act 1990;

                                    (ii) To update the Executive Member.  

Members considered a report which detailed the background to the preliminary contaminated land investigations into three areas of land in the city. On 9 February 2005, in compliance with the City of York Council ‘Contaminated Land Strategy’, and the statutory requirements of the Environmental Protection Act 1990, the Executive Member approved a report which included a proposal for initial (“preliminary”) investigation by Environmental Protection Unit (EPU) of three areas of land which historically had been used for domestic and / or commercial waste tipping (“landfilling”).  Later that year, the council’s EPU in accordance with the decision by the Executive Member, conducted preliminary contaminated land investigations of the following council-owned land; Nun Ings (off Butcher Terrace) in Micklegate Ward, King George’s Playing Field in Heworth Ward, Tang Hall Primary School Playing Field (at the junction of Eighth Avenue and Fifth Avenue) in Heworth Ward.

In March 2006 as a result of preliminary investigations an application was made to the Department for Environment, Food and Rural Affairs (DEFRA) for grant funding to support more detailed investigation of these areas. In July 2006 DEFRA replied to say they approved the requested funding (£33,150).

Members were asked for a decision regarding the acceptance of the grant offered and whether to conduct the detailed investigations.

Members were updated that the investigation and monitoring of the sites would require additional staffing resources of 0.5 fte Contaminated Land Assistant on a temporary basis until the investigation was completed. The cost of this resource would be funded from the grant.

In answer to questions regarding publicity informing residents of the investigations, Officers confirmed that they would contact the appropriate Ward Members with the publicity information prior to distribution. Publicity would be via letter drops in the area, Ward Committees and Residents Associations in an effort to allay residents fears regarding the works.

Officers also confirmed that the investigations would involve fencing off small areas on the sites for use by temporary drilling rigs and that information boards would be erected detailing the works to be undertaken.

Advice of the Advisory Panel

That the Executive Member be advised :

i)                   To accept the grant funding offered by DEFRA;

ii)                 To note that the Director of Neighbourhood Services exercises his delegated powers to appoint a part-time Contaminated Land Assistant on a temporary basis as detailed above. 

Decision of the Executive Member

RESOLVED:            That the advice of the Advisory Panel be accepted and endorsed.

REASON:     (i) To allow the Council to investigate the three areas of land identified, in accordance with the obligations placed on the Council by Part 2A of the Environmental Protection Act 1990;

                        (ii)             To update the Executive Member.