Agenda, decisions 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 asked to declare, at this point in the meeting, any personals interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests they may have in respect of business on the agenda. No additional interests were declared.

To consider the exclusion of the press and public from the meeting during consideration of Annex 4 to Agenda Item 10on the grounds that it contains 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).

Resolved:  That the press and public be excluded from the meeting during consideration of Annex 4 to agenda item 10 on the grounds that it contains 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).

At this point in the meeting members of the public who have registered to speak can do so.  The deadline for registering is 5.00pm on Wednesday 18 October 2017.  Members of the public can speak on agenda items or matters within the remit of the committee.

To register to speak please contact the Democracy Officer for the meeting, on the details at the foot of the agenda.

Filming, Recording or Webcasting Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers, who have given their permission.

This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

It was reported that there had been 3 registrations to speak at the meeting under the Council’s Public Participation Scheme and that 3 Members of Council had also requested to speak.  The registrations were in respect of the following items:

Minerals and Waste Joint Plan

Kit Bennett stated he had previously made representations and raised concerns regarding a number of the proposed amendments outlined within the report, namely PC 62, 63, 66, 70, 79 and 80 which he perceived had been disregarded.  He stated that whilst these amendments were presented as minor changes, they would increase the vulnerability of the Local Plan to the harmful effects of unconventional hydrocarbon development, including fracking.

He asked that the amendments to PC 62, 63, 66, 70 and 80 be reversed, as the previous version was clearer and offered better protection from harmful environmental effects.  This could be done without the need for further consultation as the previous version of the Plan had been consulted on.  He stated that by doing this, the Council could protect our region from misleading definitions of fracking and unconventional hydrocarbons,

Mr Bennett referred to concerns as to buffer zones around homes not being large enough, the lack of buffer zones around Sites of Special Scientific Interest (SSSIs), the wording of the plan not being strong enough around hydrocarbon development, and a lack of consideration of climate change.

He perceived that none of these concerns were taken into account and the amendments made and were listed as minor changes, could make the area more vulnerable to unconventional hydrocarbon development .

Mr Bennett felt that the officer responses in Annex B of the documents on the agenda did not address the issues he raised.  He stated that he was aware that this issue had been discussed at the Local Plan Working Group (LPWG) and he was glad to see the Head of Strategic Planning give some clarification regarding the Infrastructure Act definition not being adopted in this Plan. However he added that it was still vital to clarify what was meant by conventional and unconventional resources as put in PC 62, as this would leave the region very vulnerable to fracking under the guise of not fracking 

Disposal of Willow House

·        Councillor Craghill asked that this item be deferred for further consideration, raising concerns as to the protection of land adjacent to Walmgate Bar currently used as public open space. 

Further concerns were raised over the decision making process regarding the choice of bid.  Councillor Craghill questioned why it was necessary to accept the highest bid, given that from her analysis of capital sales, it appeared that the £4m target for the Older Persons’ Accommodation Programme had already been exceeded.

She added that the area was saturated with student accommodation, and there was a need for further consideration to evaluate the impact on local residents and on council priorities, as it appeared that priority was being placed on the provision of student accommodation over care beds.

·        Councillor Flinders referred  ...  view the full minutes text for item 66.

To approve and sign the minutes of the last Executive meeting held on 28 September 2017.

Resolved:  That the minutes of the last Executive meeting held on 28 September 2017 be approved and then signed by the Chair as a correct record.

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

Members received and noted details of the items that were on the Forward Plan for the next two Executive meetings, at the time the agenda had been published.

The Operations Manager (Public Realm) to present a report which seeks an Executive decision to grant a seven year lease to York Allotments Charitable Incorporated Organisation.

Resolved:  That the Executive agree Option 1- to grant a lease of the Council-owned allotment sites in York listed at paragraph 5 of this report to York Allotments Charitable Incorporated Organisation (YACIO), for a term of 7 years, at a peppercorn rent, in accordance with the terms as set out in the Council’s Asset Transfer Policy.

Reason:    To harness the talents and energies of the community and to allow tenants to have a direct say in the day to day management of the service.

Members considered a report which sought an Executive decision to grant a seven year lease to York Allotments Charitable Incorporated Organisation.

It was noted that the Charity could not dispose of any land either by sale or to lease to another party so if a site became non-viable, the land would remain vacant for the period of the lease.  Alternatively, if issues were identified through the 18 month and 2 year performance reviews, Council officers would work with the Charity to find a solution or for the land to be given back to the Council and taken out of the lease.

Trustees would be re-elected at their first Annual General Meeting and periodically after that on a rolling programme.

Resolved:  That the Executive agree Option 1- to grant a lease of the Council-owned allotment sites in York listed at paragraph 5 of this report to York Allotments Charitable Incorporated Organisation (YACIO), for a term of 7 years, at a peppercorn rent, in accordance with the terms as set out in the Council’s Asset Transfer Policy.

Reason:    To harness the talents and energies of the community and to allow tenants to have a direct say in the day to day management of the service.

The Assistant Director, Planning & Public Protection, to present a report which considers the results of the Upper and Nether Poppleton Neighbourhood Plan referendum.

Resolved:  That the Executive:

a.   Note the results of the referendum and formally ‘makes’ the Upper and Nether Poppleton Neighbourhood Plan; and

b.   Approve the Decision Statement attached at Annex B to this report, to be published in accordance with Regulation 19 of the Neighbourhood Planning (General) Regulations 2012 (as amended).

Reason:    To allow the Neighbourhood Plan to progress in line with neighbourhood planning legislation.

Members considered a report which considered the results of the Upper and Nether Poppleton Neighbourhood Plan referendum.

It was noted that there had been a good turnout at the referendum, which was supported by 91.3% of the turnout. 

The significant work undertaken by the Neighbourhood Planning Group in Poppleton was acknowledged and both Members and officers placed on record their thanks to the Group.

Resolved:  That the Executive:

a.   Note the results of the referendum and formally ‘makes’ the Upper and Nether Poppleton Neighbourhood Plan; and

b.   Approve the Decision Statement attached at Annex B to this report, to be published in accordance with Regulation 19 of the Neighbourhood Planning (General) Regulations 2012 (as amended).

Reason:    To allow the Neighbourhood Plan to progress in line with neighbourhood planning legislation.

The Assistant Director, Planning & Public Protection, to present a report which provides an update on the outcomes of the consultation on the Addendum of Proposed Changes to the Minerals and Waste Joint Plan.

Resolved:  That the Executive note the representations received on the Addendum of Proposed Changes Minerals and Waste Joint Plan for North Yorkshire, York and the North York Moors National Park; and

                   Recommend to Full Council that:-

1.   The Submission draft of the Minerals and Waste Joint Plan for York, North Yorkshire and North York Moors National Park (comprising the Publication draft Plan (2016) accompanied by the Addendum of Proposed Changes (2017) be approved for submission for examination;

2.   The Director of Economy and Place in consultation with the Interim Deputy Leader & Environment and Executive Member for Transport and Planning, be authorised to make non-substantive editorial changes to the Submission Draft and other supporting documents proposed to be submitted alongside the Plan; and

3.   The Director of Economy and Place in consultation with the Interim Deputy Leader & Environment and Executive Member for Transport and Planning, be authorised to agree any further or revised responses or proposed changes during the Examination period.

Reason:    So that a National Planning Policy Framework compliant Joint Waste and Minerals Plan can be progressed. 

[See also Part B Minutes]

Members considered a report which provided an update on the outcomes of the consultation on the Addendum of Proposed Changes to the Minerals and Waste Joint Plan.  Members were asked to recommend that Full Council approve the Submission Draft (the Publication Draft) and the accompanying Addendum of Proposed Changes together with representations received thereon for submission for Examination.

During discussion of the item, officers were requested to provide written responses to the points raised by the speakers for consideration at the meeting of full Council on 26 October 2017.

Resolved:  That the Executive note the representations received on the Addendum of Proposed Changes Minerals and Waste Joint Plan for North Yorkshire, York and the North York Moors National Park.

Reason:    So that a National Planning Policy Framework compliant Joint Waste and Minerals Plan can be progressed. 

The Deputy Chief Executive/Director of Customer and Corporate Services to present a report which is a concluding update to the Executive on the progress of the Community Stadium and Leisure Facilities Project (“Project”) since the last Executive report in July 2017.

Resolved:  That the Executive:

a.   Note the contents of the report and the progress made since the last report brought to Executive in July 2017; and

b.   Note and accept the new risk highlighted on the Commercial Development Capital Land Receipt, as per the details set out at paragraph 16 of the report.

Reason:    To progress with the Project and enter into all necessary legal agreements at Financial Close to deliver the New Stadium and Leisure Centre (NSLC) and operation by Greenwich Leisure Ltd of the NSLC and the city’s wider existing leisure facilities.

The Deputy Chief Executive/Director of Customer and Corporate Services presented a report which was a concluding update on the progress of the Community Stadium and Leisure Facilities Project since the last Executive report in July 2017.

The report outlined significant progress since July 2017, identified a new risk highlighted at paragraph 16 of the report, and confirmed that all necessary legal agreements were expected to be entered into in the near future.

Members were reassured that any material changes would be reported back to Executive at the earliest opportunity.

Resolved:  That the Executive:

a.   Notes the contents of the report and the progress made since the last report brought to Executive in July 2017; and

b.   Notes and accepts the new risk highlighted on the Commercial Development Capital Land Receipt, as per the details set out at paragraph 16 of the report.

Reason:    To progress with the Project and enter into all necessary legal agreements at Financial Close to deliver the New Stadium and Leisure Centre (NSLC) and operation by Greenwich Leisure Ltd of the NSLC and the city’s wider existing leisure facilities.

The Director of Economy and Place to present a report which seeks an Executive decision to dispose of the former Older Persons Home (OPH) at Willow House to the highest bidder.

Resolved:  That the Executive approve the sale of Willow House to Empiric PLC as the highest bidder for Willow House.

Reason:    To achieve the best consideration for the Willow House site, and facilitate investment in the Older Persons Accommodation Programme.

The Director of Economy and Place to presented a report which sought an Executive decision to dispose of the former Older Persons Home at Willow House to the highest bidder.

With regards to concerns over the loss of public green space, it was highlighted that the Executive decision taken on 29 November 2016 included this space and not called in for scrutiny.  It was not a public space as defined by legislation and was required in part by the developer in respect of the proposals.  With regards to public open space within the City and sustainable urban drainage, these were both matters that would be considered through the planning process should the sale go ahead.

It was noted that the Programme Director of the Older Persons’ Accommodation Programme would be requested to provide Councillor Pavlovic with responses to his questions concerning funding arrangements raised earlier in the meeting.

It was noted that there was significant pressure around student accommodation within the City, which this proposal if agreed and successful through the planning process, would alleviate.

In relation to capital receipts, it was noted that a number of related schemes and funding would be considered as part of the forthcoming Capital Monitor report to Executive.

Resolved:  That the Executive approves the sale of Willow House to Empiric PLC as the highest bidder for Willow House.

Reason:    To achieve the best consideration for the Willow House site, and facilitate investment in the Older Persons Accommodation Programme.

Part B - Matters Referred to Council

74.    Minerals and Waste Joint Plan - Submission

          [See also Part A minute]

Members considered a report which provided an update on the outcomes of the consultation on the Addendum of Proposed Changes to the Minerals and Waste Joint Plan.  It was noted that a total of 143 specific comments from 36 respondents had been received.

If the Plan and Addendum were submitted to the Secretary of State for the purposes of examination as recommended, it was anticipated that this process would begin in early 2018.

The issues within the report had been debated at the meeting of the Local Plan Working Group (LPWG) on 12 October 2017.  Responses had been given to the speakers at the meeting and the draft minutes had been circulated to the Executive for information.

Two additional recommendations were proposed to those outlined in the report, namely:-

1.      That the Director of Economy and Place in consultation with the Executive Member for Transport and Planning be authorised to make non-substantive editorial changes to the Submission Draft and other supporting documents proposed to be submitted alongside the Plan; and

2.      That the Director of Economy and Place in consultation with the Executive Member for Transport and Planning be authorised to agree any further or revised responses or proposed changes during the Examination period.

An amendment to include ‘in consultation with the Interim Deputy Leader and Executive Member for Environment’ was proposed.  The additional recommendations, as amended, were agreed.

A member raised issue with the draft minutes of the LPWG referring to a minimum separation distance of 500 m being considered reasonable.  The LPWG had agreed that, given government guidelines, 500 m would be accepted.  This clarification was acknowledged and it was accepted that the minutes would be submitted to the next meeting of the LPWG for approval and they would have the opportunity to amend.

As to whether potential drilling could be 500 m from potential as well as existing properties, it was noted that if applications were in for that type of activity, the fact allocations existed in the Local Plan would be a material consideration in its’ assessment.  Whether that would overrule the proposal, would depend on what stage the Plan was at and how solid and significant those allocations were to the Plan.  The construction of the Local Plan for York meant that most of the big strategic allocations would have to go ahead for the Plan to succeed, so that would be a significant material consideration.

As to whether drilling could take place within 500 m of a proposed strategic site, it was stated that the approach to the Local Plan sought to avoid over allocation in order to protect the character and setting of York.  Given that the bigger allocations were all significant, this would give reason to resist applications for fracking.  However, an absolute guarantee could not be given.

It was confirmed that there had been no changes to the proposals  ...  view the full minutes text for item 74.