Local democracy during coronavirus

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Agenda, decisions and minutes

Venue: The George Hudson Board Room - 1st Floor West Offices (F045). View directions

Contact: Carol Tague  Senior Democracy Officer

Webcast: video recording

Items
No. Item

Part A - Matters Dealt With Under Delegated Powers

75.

Declarations of Interest

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.

 

 

Minutes:

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

76.

Exclusion of Press and Public

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

 

Annex 6 to Agenda Item 11 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).

Minutes:

Resolved:  That the press and public be excluded from the meeting should any discussion arise on Annex 6 to agenda item 11 (York Central – Preferred Access Route and Preparation for Planning) 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).

77.

Minutes pdf icon PDF 196 KB

To approve and sign the minutes of the last Executive meeting held on 19 October 2017.

Minutes:

Resolved:  That the minutes of the last Executive meeting held on 19 October 2017 be approved and then signed by the Chair as a correct record.

78.

Public Participation

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 Tuesday 14 November 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 this meeting will be filmed and webcast and that includes 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

 

 

Minutes:

It was reported that there had been nine registrations to speak at the meeting under the Council’s Public Participation Scheme, all in relation to Agenda Item 11 (York Central – Preferred Access Route and Preparations  for Planning; Minute 85 refers).

 

Judith McNicoll spoke on behalf of the National Railway Museum, stressing the importance of the project to the local economy and supporting the recommendation for a Western access route.

 

Steven Hind spoke on behalf of Network Rail (NR), confirming NR’s support for the recommendations, which would enable work  to move forward on this key site for housing and commercial development.

 

Aileen Hingston spoke as a resident of Holgate Road, asking that mitigation of the effects of increased traffic along the access route, especially at junctions, be considered and built in at an early stage.   

 

Kate Ravilous spoke on behalf of York Central Action, expressing doubts about a potential lack of independent scrutiny of decisions and asking that the final decision on access routes be deferred. 

 

Claire McMahon-Harvey spoke on behalf of the Friends of Holgate Community Garden, drawing attention to the online petition against the southern access route, signed by over 1,400 people so far.     

 

Ben Hall also spoke on behalf of the Friends of Holgate Garden, welcoming the rejection of the southern option whilst querying the recommendation to safeguard land for this option and noting that the recommended route also threatened green space in the city.

 

Dilys Jones spoke on behalf of the Homes & Communities Agency, supporting the recommended access option and stressing the importance of the project in meeting additional housing needs.

 

Stuart Kay spoke on behalf of York Bridge Club on Holgate Road, supporting the recommended access option and asking that any uncertainty about the southern route be resolved as soon as possible. 

 

Steven Maxwell spoke on behalf of the Trustees of Millennium Green, seeking clarity on the position of the Trust in terms of the changes it must report to Natural England.     

 

 

 

 

 

 

 

79.

Forward Plan pdf icon PDF 82 KB

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

Minutes:

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.

 

In response to a Member’s question, Officers confirmed that an item relating to the motion on Homelessness approved at Full Council in October was currently due to be scheduled on the Forward Plan for consideration in January. 

80.

New Council Homes – Newbury Avenue and Chaloners Road pdf icon PDF 156 KB

The Assistant Director for Housing & Community Safety to present a report which provides an update on the proposal to develop new council housing for rent on two council-owned garage courts at Newbury Avenue and Chaloners Road.

Additional documents:

Decision:

Resolved:  That the proposal to build new bungalows at Newbury Avenue and new houses at Chaloners Road, as detailed in the report (Option 1), be approved.

 

Reason:     To bring forward two new developments of much-needed affordable houses for rent, as part of the Council’s house-building programme.

 

Minutes:

The Assistant Director for Housing & Community Safety presented a report which provided an update on the proposal to develop new council housing for rent on two council-owned garage courts at Newbury Avenue and Chaloners Road.

 

The proposal had evolved from schemes previously approved by Executive and Cabinet, which had since been re-appraised and revised, as detailed in the report.  The proposed development at Newbury Avenue was now for five one-bedroom bungalows designed to be accessible to older people and people with disabilities and adaptable over time, while that at Chaloners Road was for six two-bedroom semi-detached family houses. 

 

Approval in general terms was sought in each case, to allow for some flexibility in the final design. Both schemes were in line with housing needs in their respective areas.  Members were invited to approve, amend or reject the proposal.

 

Resolved:  That the proposal to build new bungalows at Newbury Avenue and new houses at Chaloners Road, as detailed in the report (Option 1), be approved.

 

Reason:     To bring forward two new developments of much-needed affordable houses for rent, as part of the Council’s house-building programme.

 

81.

Refresh of Housing Revenue Account Business Plan pdf icon PDF 545 KB

The Assistant Director for Housing & Community Safety to present a report which provides an overview of the revised Housing Revenue Account (HRA) Business Plan for the next 30 years and provides detail of the key priorities for the next five years, including the investment fund to support the delivery of more affordable new homes.

Additional documents:

Decision:

Resolved:  (i)      That Option 1, to adopt the HRA Business Plan set out in Annex A to the report, be approved.

 

Reason:     The plan sets out the priorities for the HRA for the next five years and gives clear messages as to the commitment to continue to invest in the council’s existing stock and local communities and to build much needed social rented housing.

 

                   (ii)      That the use of Right to Buy receipts and the investment fund to purchase ‘first refusal’ council tenancies and appropriate properties on the open market, within the limits stated in the report, be approved.

 

Reason:     In order to support the priorities in the HRA Business Plan.

 

                   (iii)     That it be agreed that there is no longer a requirement to conduct a stock options appraisal.

 

Reason:     In the light of the changes that have happened since the original decision was made at Executive and the expressed desire of residents’ associations to remain with the authority.

Minutes:

[See also under Part B Minutes]

 

The Assistant Director for Housing & Community Safety presented a report which provided an overview of the revised Housing Revenue Account (HRA) Business Plan (the Plan) for the next 30 years and details of the key priorities for the next five years.

 

The Plan was essentially a financial document, drawing upon information and analysis used in formulating the Council’s HRA Asset Management Strategy for 2015/16 to 2044/45.  It had been fundamentally revised to take account of the local impact changes announced after the 2015 general election, and subsequent events and legislation, including the Homeless Reduction Act 2017 and recent White and Green papers relating to housing.

 

Key areas within the Plan, which was attached in full at Annex A, were highlighted in paragraphs 20 to 54 of the report.  They included: new build to address growing housing demand; repairs and maintenance, Housing Management, supported housing, adaptations, tenant involvement and information systems. Members were invited either to adopt the Plan (Option 1) or to ask Officers to revise it further (Option 2).  It was noted that the Plan built upon the previous business plan and replenished the housing development fund, a key council priority. Any significant changes would require forecasts to be remodelled and so delay approval.

 

In response to Members’ questions, Officers confirmed that:

·        Money saved by not requiring a stock options appraisal would be used to conduct a stock condition survey;

·        The definition of ‘affordable rent’ was variable but for new properties the ‘social rent’ definition had been retained, i.e. 60% of market rent;

·        Quality on repairs and maintenance would be ensured by procuring contracts through the tender process, and using HouseMark guidance to improve efficiencies in-house.

 

The Executive Member for Housing & Safer Neighbourhoods commended the Plan and expressed the hope that it would receive cross-party support.

 

Resolved:  (i)      That Option 1, to adopt the HRA Business Plan set out in Annex A to the report, be approved.

 

Reason:     The plan sets out the priorities for the HRA for the next five years and gives clear messages as to the commitment to continue to invest in the council’s existing stock and local communities and to build much needed social rented housing.

 

                   (ii)      That the use of Right to Buy receipts and the investment fund to purchase ‘first refusal’ council tenancies and appropriate properties on the open market, within the limits stated in the report, be approved.

 

Reason:     In order to support the priorities in the HRA Business Plan.

 

                   (iii)     That it be agreed that there is no longer a requirement to conduct a stock options appraisal.

 

Reason:     In the light of the changes that have happened since the original decision was made at Executive and the expressed desire of residents’ associations to remain with the authority.

82.

Capital Programme - Monitor 2 2017/18 pdf icon PDF 269 KB

The Deputy Chief Executive & Director of Customer & Corporate Services to present a report which sets out the projected outturn position for 2017/18 including any under/over spends and adjustments, along with requests to re-profile budgets to/from current and future years.

Additional documents:

Decision:

Resolved:  (i)      That the 2017/18 revised budget of £107.910m, as set out in paragraph 6 of the report and in Table 1, be noted.

 

                   (ii)      That the re-stated capital programme for 2017/18 to 2021/22, as set out in paragraph 17, Table 2 and detailed in Annex A, be noted.

 

Reason:     To ensure the effective management and monitoring of the council’s capital programme.

Minutes:

[See also under Part B Minutes]

 

The Deputy Chief Executive & Director of Customer & Corporate Services presented a report which set out the projected outturn position for 2017/18 including any under or over spends and adjustments, along with requests to re-profile budgets to and from current and future years.

 

The last update to the programme, in July, had resulted in an approved capital budget of £111.638m.  Since then there had been a decrease of £3.728m in total, due to the re-profiling of budgets to future years and the addition of the Extension to Marjorie Waite Court scheme to the Housing Revenue Account (HRA) funded programme.  These changes had resulted in a revised capital programme of £107.910m. 

 

Details of the variations within each portfolio area were set out in paragraphs 8 to 35 of the report.

 

Resolved:  (i)      That the 2017/18 revised budget of £107.910m, as set out in paragraph 6 of the report and in Table 1, be noted.

 

                   (ii)      That the re-stated capital programme for 2017/18 to 2021/22, as set out in paragraph 17, Table 2 and detailed in Annex A, be noted.

 

Reason:     To ensure the effective management and monitoring of the council’s capital programme.

83.

2017/18 Finance and Performance Monitor Quarter 2 pdf icon PDF 538 KB

The Deputy Chief Executive & Director of Customer & Corporate Services to present a report which provides details of the overall finance and performance position for the period covering 1 July 2017 to 30 September 2017, together with an overview of any emerging issues.

Decision:

Resolved:  That the finance and performance information set out in the report be noted.

 

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

 

Minutes:

The Deputy Chief Executive & Director of Customer & Corporate Services presented a report which provided details of the council’s overall finance and performance position for the second quarter of the financial year, covering 1 July 2017 to 30 September 2017.

 

The financial pressures facing the council were projected at £446k, which was an improvement on the £636k projected in the Quarter 1 monitoring report and on Monitor 2 forecasts in previous years.  It was predicted that, overall, out-turn would be within the approved budget of £119.6m. 

 

With regard to performance, good progress continued to be seen, despite increasingly complex customer needs and demands for services.  Of the 19 strategic indicators for which new data had been provided, 5 had improved in the last quarter.  Two major public consultations were currently under way, on the pre-publication draft Local Plan and the council’s 2018/19 budget.  Details were set out in the report.

 

Resolved:  That the finance and performance information set out in the report be noted.

 

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

 

84.

Treasury Management Mid Year Review and Prudential Indicators 2017/18 pdf icon PDF 277 KB

The Deputy Chief Executive & Director of Customer & Corporate Services to present a report which provides a mid year update on treasury management activities. 

Additional documents:

Decision:

Resolved:  (i)      That the Treasury Management activities to date during the 2017/18 financial year be noted.

 

                   (ii)      That the Prudential Indicators set out in Annex A to the report, and the compliance with all indicators, be noted.

 

Reason:     To ensure the continued performance of the Council’s Treasury Management function.

 

Minutes:

The Deputy Chief Executive & Director of Customer & Corporate Services presented a report which provided a mid year update on Treasury Management activities, for the period 1 April to 30 September 2017. 

 

The report, prepared in compliance with CIPFA’s Code of Practice on Treasury Management, provided: an economic update for the first part of the 2017/18 financial year; a review of the Treasury Management Strategy Statement and Annual Investment Strategy; the prudential indicators; reviews of the council’s investment portfolio and borrowing strategy; and a review of compliance with the Treasury and Prudential Limits.

 

With regard to the CIPFA consultation on revising the Treasury Management Code referred to in paragraphs 32 and 33 of the report, Officers advised that  the results were unlikely to affect the council’s borrowing.

 

Resolved:  (i)      That the Treasury Management activities to date during the 2017/18 financial year be noted.

 

                   (ii)      That the Prudential Indicators set out in Annex A to the report, and the compliance with all indicators, be noted.

 

Reason:     In accordance with legal requirements and to ensure the continued performance of the Council’s Treasury Management function.

 

85.

York Central – Preferred Access Route and Preparation for Planning pdf icon PDF 762 KB

The Assistant Director of Regeneration and Asset Management to present a report which outlines the progress to date, particularly the recent public consultation on access options. The results of the consultation exercise and an analysis of the options are set out in the report and are accompanied by York Central Partnership’s recommended access option paper with a view to adopting this route and integrating this into the developing masterplan.

Additional documents:

Decision:

Resolved:  (i)      That the recommendation of the York Central Partnership (YCP) - to develop a Western access option for inclusion in the York Central Masterplan and to undertake further design and legal work to ensure that the final alignment will seek to mitigate the effects of such a route on the Millennium Green and control costs to ensure deliverability – be agreed.

                   (ii)      That a change request be submitted to West Yorkshire Combined Authority (WYCA) to re-allocate funding to the revised access scheme.

                   (iii)     That land within YCP’s control that could be used for a Southern Option be safeguarded, in order to protect against any risk to the York Central development caused by circumstances preventing successful delivery of a Western Option.

                   (iv)    That the plan for the YCP to undertake public consultation on a masterplan which will lead to the submission of planning applications be noted.

                   (v)     That the allocation of £1.997m from the previously agreed York Central budget of £10m to meet project costs to planning submission be agreed, with these costs to be considered as a project cost for reimbursement from a future YCP development account.

                   (vi)    That, in taking the project forward,

a)   Council Officers be directed to:

·        Focus on community engagement as an integral part of the process for the detailed design of the preferred access option, and the development of the York Central Masterplan (YCM), in accordance with the YCP principles;

·        Consider how the development can become an exemplar of sustainable development through the detailed design of the preferred access option and the development of the YCM, in accordance with the YCP principles;

·        Consider the potential for sustainable energy use and renewable energy generation as part of the development of the detailed design of the YCM, in accordance with the YCP principles;

·        Consider affordable housing delivery as an integral part of the YCM;

b)   The Partnership be requested to maintain the current provision of information to ensure that the council and the public are able to understand the background to proposals, in order that the scheme will progress over the forthcoming decades.

Reason:     To ensure the delivery of York Central and to ensure that the preferred access option has taken into account a range of considerations.

                   (vi)    That the National Railway Museum (NRM) be supported in the development of the NRM masterplan and bids for funding, including Heritage Lottery funding, to support their expansion plans.

                   (vii)    That a contribution of £200k be provided to the NRM towards the further development of their masterplanning and fundraising bids from the £10m York Central budget.

Reason:     To support the future enhancement and expansion of the NRM as an important cultural anchor to the York Central development.

Minutes:

The Assistant Director of Regeneration and Asset Management  presented a report which outlined progress to date on the York Central project, in particular the recent public consultation on access options. 

The adoption of a single access route was essential to enable the York Central Partnership (YCP) to proceed with a masterplan for the regeneration of this crucial development site, which was set to deliver up to 2,500 homes and £6.5k worth of jobs to the city. Consultation had been carried out on the three options judged to be technically deliverable within the required timescale for the scheme, namely:

·        Option A1 – Western access off Water End across the edge of Millennium Green (cost estimate £58m-£68m)

·        Option A2 – Western access off Water end through Millennium Green (cost estimate £15m-£25m)

·        Option E – Southern access off Holgate Road at Chancery Rise (cost estimate £10m-£20m).

The results, as set out in detail in the consultation report at Annex 4, had demonstrated a preference for a Options A1 and A2.  Further work was now being carried out by the YCP to develop a refined western option (A3) that would both mitigate the impact on Millennium Green and be less costly than Option A1.  Further consultation on this option would be carried out as part of the masterplan consultation and detailed planning application.

The Deputy Leader suggested some revisions to the recommendations in the report, which were accepted and subsequently approved by Members (see Resolution (vi )below).

With regard to matters raised under public participation (Minute 78 refers), it was confirmed that the YCP proposed to support the Millennium Green Trust in engaging legal advice on their position.

After a full debate, and taking into account the comments made by all the public participants as well as the contents of the report, it was

Resolved:  (i)      That the recommendation of the York Central Partnership (YCP) - to develop a Western access option for inclusion in the York Central Masterplan and to undertake further design and legal work to ensure that the final alignment will seek to mitigate the effects of such a route on the Millennium Green and control costs to ensure deliverability – be agreed.

                   (ii)      That a change request be submitted to West Yorkshire Combined Authority (WYCA) to re-allocate funding to the revised access scheme.

                   (iii)     That land within YCP’s control that could be used for a Southern Option be safeguarded, in order to protect against any risk to the York Central development caused by circumstances preventing successful delivery of a Western Option.

                   (iv)    That the plan for the YCP to undertake public consultation on a masterplan which will lead to the submission of planning applications be noted.

                   (v)     That the allocation of £1.997m from the previously agreed York Central budget of £10m to meet project costs to planning submission be agreed, with these costs to be considered as a project cost for reimbursement from a future YCP development account.

                   (vi)    That, in taking the project forward,

a)   Council  ...  view the full minutes text for item 85.

Part B - Matters Referred to Council

86.

Refresh of Housing Revenue Account Business Plan 2017 to 2047

Decision:

Recommended: That Council approve the creation of a new capital budget of £20m to fund the building of additional affordable homes over the period 2018/19 to 2022/23.

 

Reason:     In order to support the adoption of the HRA Business Plan, which sets out priorities for the housing revenue account for the next five years and gives clear messages as to the commitment to continue to invest in the council’s existing stock and local communities and to build much needed social rented housing.

Minutes:

[See also under Part A Minutes]

 

The Assistant Director for Housing & Community Safety presented a report which provided an overview of the revised Housing Revenue Account (HRA) Business Plan for the next 30 years and details of the key priorities for the next five years.

 

The Plan was essentially a financial document, drawing upon information and analysis used in formulating the Council’s HRA Asset Management Strategy for 2015/16 to 2044/45.  It had been fundamentally revised to take account of the local impact changes announced after the 2015 general election, and subsequent events and legislation, including the Homeless Reduction Act 2017 and recent White and Green papers relating to housing.

 

Key areas within the Plan, which was attached in full at Annex A, were highlighted in paragraphs 20 to 54 of the report.  They included: new build to address growing housing demand; repairs and maintenance, Housing Management, supported housing, adaptations, tenant involvement and information systems. Members were invited either to adopt the Plan (Option 1) or to ask Officers to revise it further (Option 2).  It was noted that the Plan built upon the previous business plan and replenished the housing development fund, a key council priority. Any significant changes would require forecasts to be remodelled and so delay approval.

 

In response to Members’ questions, Officers confirmed that:

·        Money saved by not requiring a stock options appraisal would be used to conduct a stock condition survey;

·        The definition of ‘affordable rent’ was variable but for new properties the ‘social rent’ definition had been retained, i.e. 60% of market rent;

·        Quality on repairs and maintenance would be ensured by procuring contracts through the tender process, and using HouseMark guidance to improve efficiencies in-house.

 

The Executive Member for Housing & Safer Neighbourhoods commended the Plan and expressed the hope that it would receive cross-party support.

 

Recommended: That Council approve the creation of a new capital budget of £20m to fund the building of additional affordable homes over the period 2018/19 to 2022/23.

 

Reason:     In order to support the adoption of the HRA Business Plan, which sets out priorities for the housing revenue account for the next five years and gives clear messages as to the commitment to continue to invest in the council’s existing stock and local communities and to build much needed social rented housing.

87.

Capital Programme - Monitor 2 2017/18

Decision:

Recommended:That Council approve:

 

(i)           the adjustments resulting in a decrease of £3.728m in the 2017/18 budget, as detailed in the report and contained in Annex A and

 

(ii)      the amended financing of earmarked schemes from capital receipts, as set out in paragraphs 42 to 43 of the report and in Table 4.

 

Reason:              To enable the effective management and monitoring of the council’s capital programme.

Minutes:

[See also under Part A Minutes]

 

The Deputy Chief Executive & Director of Customer & Corporate Services presented a report which set out the projected outturn position for 2017/18 including any under or over spends and adjustments, along with requests to re-profile budgets to and from current and future years.

 

The last update to the programme, in July, had resulted in an approved capital budget of £111.638m.  Since then there had been a decrease of £3.728m in total, due to the re-profiling of budgets to future years and the addition of the Extension to Marjorie Waite Court scheme to the Housing Revenue Account (HRA) funded programme.  These changes had resulted in a revised capital programme of £107.910m. 

 

Details of the variations within each portfolio area were set out in paragraphs 8 to 35 of the report.

 

Recommended:That Council approve:

 

(i)           the adjustments resulting in a decrease of £3.728m in the 2017/18 budget, as detailed in the report and contained in Annex A and

 

(ii)      the amended financing of earmarked schemes from capital receipts, as set out in paragraphs 42 to 43 of the report and in Table 4.

 

Reason:              To enable the effective management and monitoring of the council’s capital programme.

 

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