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 personal interests not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests, that they might have in the business on the agenda.  No additional interests were declared.

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 Friday, 4 May 2018.  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 or, if recorded, will be uploaded onto the Council’s website following the meeting.

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 three registrations to speak at the meeting under the Council’s Public Participation Scheme and two requests to speak by Ward Members.

Cllr Mark Warters spoke on:

·        Agenda Item 5 (Development of the Guildhall Complex), urging that the project be halted as a waste of funds and the Guildhall sold to private developers instead;

·        Agenda Item 6 (City of York Local Plan), regretting the omission of public houses from the list of community facilities;

·        Matters within the Executive’s remit, commenting that the parties involved should work together on the Community Stadium, rather it be operated for the benefit of one person.

Michael Hammill spoke on Agenda Item 5, stating that there was no evidence of demand for office space at the Guildhall and that it should be offered to private developers, not run by the council.

Matthew Laverack spoke on Agenda Item 5, suggesting that the Guildhall be adapted for use as bespoke tourist accommodation and offering to draw up illustrative plans for such use.

Gwen Swinburn spoke on Agenda Item 5, questioning why the report did not re-visit the business case for the Guildhall and suggesting it be put out to tender to find a creative solution.

Cllr David Carr spoke on Agenda Item 6, repeating the statement he had made at Local Plan Working Group, on behalf of Cllr Mercer, specifically in relation to sites ST15 and SP1.

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 was published.

The Director of Housing, Health and Adult Social Care to present a report which sets out proposals to commit additional council resources and government grant to build on measures already taken to support the health and care system and reduce Delayed Transfers of Care.

Resolved:  (i)      That the report, detailing the positive impact of the measures put in place to reduce Delayed Transfers of Care and alleviate system pressures faced by Health and Social Care, be noted.

                   (ii)      That approval be given to maintain the existing additional activity and release the £800k recurring budget from the funding set aside in the 2018/19 budget for pressures relating to Adult Social Care, to fund the activities put in place and outlined in the report proposals.

                   (iii)     That approval be given to release the £457k non-recurring Adult Social Care Support Grant 2018/19 budget for pressures relating to Adult Social Care, to fund additional support as proposed.

Reason:     To:

·        reduce the number of people with social care needs entering acute care and staying in hospital longer than necessary;

·        reduce the demand for formal ongoing health and social care;

·        stabilise the local provider market to enable the council to secure placements at a reasonable rate;

and therefore make more efficient and effective use of the resources available and support more people to maintain or maximise their independence.

The Director of Housing, Health and Adult Social Care presented a report which set out proposals to commit additional council resources and government grant to build on measures already taken to support the health and care system and reduce Delayed Transfers of Care (DTOC).

The report highlighted a series of initiatives and additional investment that had led to the number of ‘bed days’ lost to adult social care DTOC being reduced by 25% between 2017 and 2018.  There was now a need for this investment to be maintained in order to manage the ongoing demand proactively. 

Measures taken in 2017/18 were summarised in Annex A to the report.  Additional schemes proposed in 2018/19, to be funded by the additional £800k recurring funding agreed by council in the 2018/19 budget and the one-off £457k Adult Social Care Support Grant allocated by government, were set out in Annexes B and C.

Members welcomed the proposals and

Resolved:  (i)      That the report, detailing the positive impact of the measures put in place to reduce Delayed Transfers of Care and alleviate system pressures faced by Health and Social Care, be noted.

                   (ii)      That approval be given to maintain the existing additional activity and release the £800k recurring budget from the funding set aside in the 2018/19 budget for pressures relating to Adult Social Care, to fund the activities put in place and outlined in the report proposals.

                   (iii)     That approval be given to release the £457k non-recurring Adult Social Care Support Grant 2018/19 budget for pressures relating to Adult Social Care, to fund additional support as proposed.

Reason:     To:

·        reduce the number of people with social care needs entering acute care and staying in hospital longer than necessary;

·        reduce the demand for formal ongoing health and social care;

·        stabilise the local provider market to enable the council to secure placements at a reasonable rate;

and therefore make more efficient and effective use of the resources available and support more people to maintain or maximise their independence.

The Corporate Director of Economy and Place to present a report which sets out the latest position on the development of the Guildhall complex, specifically the procurement process to appoint a construction partner and the rationale for the officer decision not to proceed into the construction phase, and asks Executive to consider options for the way forward.

Resolved:  (i)      That the scope for the regeneration of the Guildhall, as set out in the ‘Future Options’ section of the report, be confirmed.

                   (ii)      That approval be given to procure a construction contractor for the Guildhall project, based upon Option 2 in paragraphs 29 to 31 of the report.

Reason:     To minimise delay and ensure that the value of the Early Contractor Involvement (ECI) phase work is realised for the project in re-tendering the delivery of the works in the most effective way, at less cost to the council than the other options and without committing the future budget.

                   (iii)     That, in view of the complexity of the project, a further report with proposals for the appointment of a contractor and determination of the final budget be brought to Executive in the Autumn; that report to include an updated business case, a risk assessment, and details of how the preferred supplier will promote economic growth.

                   (iv)    That the council enter into further discussions with Leeds City Region Local Enterprise Partnership, to seek to increase the level of grant funding to deliver the Guildhall scheme.

Reason:     To ensure the future viability and effective re-use of the Guildhall, as one of the city’s most significant buildings.

The Assistant Director of Regeneration and Asset Management presented a report which set out the latest position on the development of the Guildhall complex; specifically, the procurement process to appoint a construction partner and the rationale for the officer decision not to proceed into the construction phase, and options for the way forward.

On 16 March 2017, Executive had approved a detailed business case for regeneration of the Guildhall and plans to procure a contractor (Minute 136 of that meeting refers).  Contractors Interserve had since been appointed but failed to submit a suitable proposal at Stage1, and their contract had now been terminated. 

Three options were presented, as set out in paragraphs 27-37 of the report and summarised below :

Option 1 – proceed with the scheme as currently scoped.  This would increase the cost of the project by £5m-£6m, resulting in additional borrowing costs of £260k-£310k per year.

Option 2 – adjust the scope to reduce the cost.  Removing the proposed upper floor to the south range and servicing via the river would reduce the budget increase to £4m-£5m and borrowing costs to £210k-£260k, while maintaining key project outcomes. This was the recommended option.

Option 3 – undertake essential repairs and maintenance work only.  This would mean the council covering the full costs of borrowing (£3m-£5m) and repaying LCR grant funding.

In response to matters raised under Public Participation, Officers confirmed that alternative uses for the Guildhall had been considered and the Executive had decided to proceed in a way that was commensurate with the civic importance of the site.  In terms of expertise, the council already operated two of the largest and most successful office spaces in the city.

Resolved:  (i)      That the scope for the regeneration of the Guildhall, as set out in the ‘Future Options’ section of the report, be confirmed.

                   (ii)      That approval be given to procure a construction contractor for the Guildhall project, based upon Option 2 in paragraphs 29 to 31 of the report.

Reason:     To minimise delay and ensure that the value of the Early Contractor Involvement (ECI) phase work is realised for the project in re-tendering the delivery of the works in the most effective way, at less cost to the council than the other options and without committing the future budget.

                   (iii)     That, in view of the complexity of the project, a further report with proposals for the appointment of a contractor and determination of the final budget be brought to Executive in the Autumn; that report to include an updated business case, a risk assessment, and details of how the preferred supplier will promote economic growth.

                   (iv)    That the council enter into further discussions with Leeds City Region Local Enterprise Partnership, to seek to increase the level of grant funding to deliver the Guildhall scheme.

Reason:     To ensure the future viability and effective re-use of the Guildhall, as one of the city’s most significant buildings.

The Corporate Director of Economy and Place to present a report which asks Executive to consider the responses received to the Publication Draft Local Plan Consultation and decide whether to recommend that Council approve the Submission Draft for examination by the Secretary of State.

Note:

·        Annexes A, B and I to this report have been made available online only and are not included in the printed agenda pack.  Should Members require a printed copy of any of these documents, they are requested to contact the report author.

·        Annex D is to follow.

Resolved:  (i)      That the representations received on the Publication Draft Local Plan (Regulation 19) be noted.

                   (ii)      That the minor modifications to Annex G circulated at the meeting, to include public houses within the definition of ‘community facilities’ within paragraph 6.5 of the supporting text to policy HW1 (Protecting Existing Facilities) in Annex A, be approved.

[See also under Part B]

The Assistant Director of Planning and Public Protectionpresented a report which asked Executive to consider the responses received to consultation on the Publication Draft Local Plan (the Plan) and decide whether to recommend that Council approve the Plan for submission to the Secretary of State for examination.

Executive had approved the Plan for statutory Regulation 19 consultation on 25 January 2018 (Minute 112 of that meeting refers) and consultation had taken place between 21 February and 4 April.  Representations made during that period would be considered by an independent Inspector along with the Plan, once Council had decided it was ready for submission.  The Plan had been made available online as Annex A to the report; associated documents were also attached as annexes.  The minutes of the Local Plan Working Group (LPWG), which had considered the Plan on 2 May, were circulated at the meeting.

As requested by LPWG, Officers clarified that delegated decisions involving material changes to the Plan would be taken back to Executive.  Minor changes approved under the proposed delegated powers would be published and treated as key decisions. They also circulated proposed minor modifications to Annex G to address concerns raised at LPWG on the status of public houses as community facilities.

After a full debate, during which Executive Members expressed their support for the Plan and the need for York to set its own Local Plan for the good of the city, it was

Resolved:  (i)      That the representations received on the Publication Draft Local Plan (Regulation 19) be noted.

                   (ii)      That the minor modifications to Annex G circulated at the meeting, to include public houses within the definition of ‘community facilities’ within paragraph 6.5 of the supporting text to policy HW1 (Protecting Existing Facilities) in Annex A, be approved.

Recommended:(i)      That Council approve the Submission Draft Local Plan (Publication Draft), as attached at Annex A to the report, the Policies Map as attached at Annex B to the report, and the Schedule of minor modifications as attached at Annex G to the report, for submission to the Secretary of State for examination.

Reason:              So that an NPPF compliant Local Plan can be progressed in accordance with the council’s Local Development Scheme.

                             (ii)      That authority be delegated to the Director of Economy and Place, in consultation with the Executive Leader and the Executive Member for Economic Development and Community Engagement, to make non-substantive editorial changes to the Submission Draft and other supporting documents submitted alongside the Plan.

Reason:     So that an NPPF compliant Local Plan can be progressed.

(iii)     That the Director of Economy and Place be authorised to ask the examining Inspector to recommend modifications where necessary under Section 20(7C) of the Planning and Compulsory Purchase Act 2004.

Reason:     So that an NPPF compliant Local Plan can be progressed.

(iv)    That the Director of Economy and Place, in consultation with the Executive Leader and the Executive Member for Economic Development and Community Engagement, be authorised to agree any further or revised responses, or proposed changes, during the examination process, prior to consultation and a final decision on adoption.

Reason:     So that an NPPF compliant Local Plan can be progressed.

[See also under Part A]

The Assistant Director of Planning and Public Protectionpresented a report which asked Executive to consider the responses received to consultation on the Publication Draft Local Plan (the Plan) and decide whether to recommend that Council approve the Plan for submission to the Secretary of State for examination.

Executive had approved the Plan for statutory Regulation 19 consultation on 25 January 2018 (Minute 112 of that meeting refers) and consultation had taken place between 21 February and 4 April.  Representations made during that period would be considered by an independent Inspector along with the Plan, once Council had decided it was ready for submission.  The Plan had been made available online as Annex A to the report; associated documents were also attached as annexes.  The minutes of the Local Plan Working Group (LPWG), which had considered the Plan on 2 May, were circulated at the meeting.

As requested by LPWG, Officers clarified that delegated decisions involving material changes to the Plan would be taken back to Executive.  Minor changes approved under the proposed delegated powers would be published and treated as key decisions.  They also circulated proposed minor modifications to Annex G to address concerns raised at LPWG on the status of public houses as community facilities.

After a full debate, during which Executive Members expressed their support for the Plan and the need for York to set its own Local Plan for the good of the city, it was

Recommended: (i)      That Council approve the Submission Draft Local Plan (Publication Draft), as attached at Annex A to the report, the Policies Map as attached at Annex B to the report, and the Schedule of minor modifications as attached at Annex G to the report, for submission to the Secretary of State for examination.

Reason:              So that an NPPF compliant Local Plan can be progressed in accordance with the council’s Local Development Scheme.

                             (ii)      That authority be delegated to the Director of Economy and Place, in consultation with the Executive Leader and the Executive Member for Economic Development and Community Engagement, to make non-substantive editorial changes to the Submission Draft and other supporting documents submitted alongside the Plan.

Reason:     So that an NPPF compliant Local Plan can be progressed.

(iii)     That the Director of Economy and Place be authorised to ask the examining Inspector to recommend modifications where necessary under Section 20(7C) of the Planning and Compulsory Purchase Act 2004.

Reason:     So that an NPPF compliant Local Plan can be progressed.

(iv)    That the Director of Economy and Place, in consultation with the Executive Leader and the Executive Member for Economic Development and Community Engagement, be authorised to agree any further or revised responses, or proposed changes, during the examination process, prior to consultation and a final decision on adoption.

Reason:     So that an NPPF compliant Local Plan can be progressed.