Agenda, decisions and minutes

At this point in the meeting, 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.

Members were asked to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda if they had not already done so in advance on the Register of Interests   No interests were declared.

To approve and sign the minutes of the Executive meeting held on 6 October 2022.

Resolved:  That the minutes of the Executive meeting held on 6 October 2022 be approved, and signed by the Chair as a correct record.

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the Executive.

Please note that our registration deadlines are set at 2 working days before the meeting, in order to facilitate the management of public participation at our meetings.  The deadline for registering at this meeting is 5:00pm on Friday, 18 November 2022.

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 meeting will be webcast including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

During coronavirus, we made some changes to how we ran council meetings, including facilitating remote participation by public speakers. See our updates (www.york.gov.uk/COVIDDemocracy) for more information on meetings and decisions.

It was reported that 13 people were registered to speak at the meeting under the Council’s Public Participation Scheme.

[Note: participants are listed below in agenda order, and not necessarily in the order in which they actually spoke.]

Hon. Alderman Brian Watson spoke on the Council Chamber as a matter within the Executive’s remit, suggesting ways in which the Chamber could be made more accessible for disabled people despite its listed status.

The following spoke on Agenda Item 5 (10 Year Strategies), specifically in relation to the Climate Change strategy:

·        Chris Copland, Environment Co-ordinator of the local Labour party, stated that the strategy lacked ambition and suggested that a ‘bottom-up’ data modelling process was needed, as recommended by the Civic Trust.

·        Laurence Beardmore, President of the York & North Yorkshire Chambers of Commerce, expressed support for the strategy and the way it involved businesses, which needed help and support to rise to the challenge.

·        Gareth Parry, Managing Director of Forestry England, supported the strategy, welcoming its commitment to delivery and stressing the importance of partnership working.

·        Richard Walker, of the University of York, supported the strategy, praising the partnership approach and outlining the achievements of the university’s own strategy.

Ben Burton spoke on Item 5 and on Item 8 (Active Travel Programme).  On the former he called for a more detailed plan, with clear timescales and data on emissions from buildings; on the latter he suggested the decision be delayed until after publication of the Local Transport Plan to ensure sufficient investment in infrastructure. 

The following spoke on Item 7 (Pavement Café Licence Update):

·        Flick Williams expressed some doubts but urged Members to support the recommendations, while noting that the key to success lay in robust enforcement.

·        Diane Roworth welcomed the proposals but suggested ways in which they could be strengthened to assist visually impaired people, for whom a clear route was essential.

·        John Pybus, landlord of the Blue Bell, said businesses had not been given enough time to respond to the proposals and urged Members to approve Option 1b.

Cllr Melly spoke on Items 7 and 8.  On the former she supported the proposals; on the latter she highlighted a lack of progress on schemes previously prioritised in the programme, including Acomb Road in her ward of Holgate, and suggested the reasons were political.

Rob Ainsley, of York Cycle Campaign, spoke on Item 8, stating that a strategic approach was needed and suggesting that further schemes be delayed pending consultation with Active Travel England.

One person had registered to speak on Item 11 (SEND Capital Plan 2023-25) but did not attend.

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 Chief Operating Officer to present a report which details the development of a 10-year Strategy and Policy framework comprising the Climate Change, Economic and Health and Wellbeing 10 year strategies and the emerging 10 year City Plan, and asks Executive to recommend that Council adopt the framework.

Note: Annexes B, C and D to the above report have not been included in the printed or PDF agenda pack, but are available to view alongside the agenda online.

[See also Item 16]

Resolved:  (i)      That the strategy and policy framework, showing how different related strategies, policies and plans will deliver the ambitious goals articulated in the 10 year strategies, be noted.

                   (ii)      That the recommendations of the Climate Emergency Policy & Scrutiny Committee be approved.

                   (iii)     That the Climate Change Action Plan be approved.

                   (iv)    That the establishment of the Economic Partnership be approved.

                   (v)     That the 10 year strategies implementation plan be endorsed.

Reason:     To engage partners, city leaders, businesses, stakeholders and residents to work together on key agreed priority areas that aim to actively improve the quality of life for all York’s residents.

[See also under Part B]

The Chief Operating Officer and the Assistant Director, Policy & Strategy, presented a report which detailed the development of a 10-year Strategy and Policy framework comprising the Climate Change, Economic and Health and Wellbeing 10 year strategies and the emerging 10 year City Plan.  Members were asked to review the strategies and recommend that Council adopt the framework.

The three inter-dependent strategies had been developed after an extensive 18-month programme of resident, business and stakeholder engagement and were informed by existing and emerging national and local policies, as set out in the report.  A summary of resident feedback was attached at Annex A.  The three strategies had been made available to view online as Annexes B, C and D respectively.

The Chair thanked all those involved in developing the strategies, which responded to a series of challenges facing the city including integrated care, levelling up and climate change, and would guide future work in achieving long-term ambitions.  In supporting the recommendations, the Executive Member for Environment & Climate Change highlighted York’s award of a ‘A’ Rating for climate action leadership by the Carbon Disclosure Project.  In response to matters raised under Public Participation, officers confirmed that they were looking at the data modelling but needed to be sure that a ‘bottom up’ approach would improve on the current scatter tool process before adopting it. 

Resolved:  (i)      That the strategy and policy framework, showing how different related strategies, policies and plans will deliver the ambitious goals articulated in the 10 year strategies, be noted.

                   (ii)      That the recommendations of the Climate Emergency Policy & Scrutiny Committee be approved.

                   (iii)     That the Climate Change Action Plan be approved.

                   (iv)    That the establishment of the Economic Partnership be approved.

                   (v)     That the 10 year strategies implementation plan be endorsed.

Reason:     To engage partners, city leaders, businesses, stakeholders and residents to work together on key agreed priority areas that aim to actively improve the quality of life for all York’s residents.

The Director of Customer & Communities to present a report which provides an overview of the current position regarding the national cost of living crisis locally in York, focusing on the impact on the Council, programmes being undertaken and key activities to tackle the impacts of the crisis, and including an update on the citywide York Cost of Living Summit held on 31 October 2022.

Resolved:  That the following be noted:

a)    The context and overview of current impacts of the Cost of Living Crisis in York;

b)    The actions being undertaken by the council and its partners in response;

c)    The key activities and outputs from the Cost of Living Summit and next steps; and

d)    The challenges facing local government in setting budgets for 2023/24.

Reason:     To ensure Members have full information on the wide impacts of the crisis, both long and short term, and what activity is being undertaken to understand challenges and provide residents with practical support, information, advice and guidance across all city partnerships.

The Director of Customer & Communities presented a report which provided an overview of the current position locally in York regarding the national cost of living crisis and its effect on the council, residents, businesses, and partners such as Health and the voluntary sector. 

The report focused on local plans, council programmes, and key activities being undertaken to tackle the impacts of the crisis, and included an update on the citywide York Cost of Living Summit hosted by the council and the University of York on 31 October 2022.  This information was set within the context of the additional pressures being put on public sector services, with the current situation following years of cuts in central government funding.

Members commented on the effects of the crisis, in particular on the most disadvantaged households on the city, and the need to work in partnership to target resources to best effect.

Resolved:  That the following be noted:

a)    The context and overview of current impacts of the Cost of Living Crisis in York;

b)    The actions being undertaken by the council and its partners in response;

c)    The key activities and outputs from the Cost of Living Summit and next steps; and

d)    The challenges facing local government in setting budgets for 2023/24.

Reason:     To ensure Members have full information on the wide impacts of the crisis, both long and short term, and what activity is being undertaken to understand challenges and provide residents with practical support, information, advice and guidance across all city partnerships.

The Director of Transport, Environment & Planning to present a report which proposes changes to City of York Council’s pavement café licensing guidance and process, following the completion of a review of the current licensing guidance, as approved by Executive on 28 July 2022.

[See also Item 17]

Resolved:  (i)      That the Access Consultants’ work in Pavement Café Licenses contained in Annex A be noted.

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (ii)      That approval be given to provide information about pavement cafés on the council’s website, for users who want to plan in advance.         

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (iii)     That a regular panel be set up for York groups and communities to provide feedback on their lived experience of pavement cafés in York.

Reason:     To enable groups and communities to provide feedback in a suitable format and timescales (as the consultation process under the Business and Planning Act is very short) and to enable lived experience to inform licence reviews or enforcement action where required.

[See also under Part B]

The Director of Transport, Environment & Planning presented a report which proposed changes to City of York Council’s pavement café licensing guidance and process, following the completion of a review of the current licensing guidance, as approved by Executive on 28 July 2022 (Minute 19 of that meeting refers). 

The current guidance had been implemented under emergency government legislation in response to Covid, enabling pavement café areas to be licensed to cover the whole pavement in some streets where traffic was restricted. While beneficial to businesses, this had had an impact on access.  Independent consultants Mima had been appointed in September to identify and review these issues.  Their report, produced after consultation with the disabled community, was attached at Annex A.  Options for the Executive in respect of pavement café location (Theme 1), updating the guidance document (Theme 2) and counter-terrorism training (Theme 3) were set out in paragraphs 33-35 of the officer report. Options not recommended are summarised briefly below:

·        Option 1b) – allow pavement cafes to take the whole footway in certain footstreets in pedestrianised hours.

·        Option 1c) – as above, but with temporary ramps.

·        Option 1d) – no long-term use of parking bays for pavement café licences.

·         Option 3a) – provision of additional information on the Protect Duty and its implications for licence holders and staff.

A letter summarising the options proposed had been sent to all pavement café licence holders and business groups on 9 and 10 November, inviting them to provide feedback.  Officers reported that they had received responses from 10 businesses to date, mostly in support of option 1b), and confirmed that they would collate any further responses received and inform Members before the Full Council meeting on 15 December.

In response to matters raised under Public Participation, officers confirmed that enforcement, and helping businesses to comply with licensing conditions, was a priority.  The Executive Members for Economy & Strategic Planning and Transport having spoken in support of the recommended options, it was

Resolved:  (i)      That the Access Consultants’ work in Pavement Café Licenses contained in Annex A be noted.

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (ii)      That approval be given to provide information about pavement cafés on the council’s website, for users who want to plan in advance.          

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (iii)     That a regular panel be set up for York groups and communities to provide feedback on their lived experience of pavement cafés in York.

Reason:     To enable groups and communities to provide feedback in a suitable format and timescales (as the consultation process under the Business and Planning Act is very short) and to enable lived experience to inform licence reviews or enforcement action where required.

The Director of Environment, Transport & Planning and the Chief Finance Officer to present a report which details work to be implemented in Phase 1 of the Active Travel Programme of projects to improve York’s walking and cycling infrastructure, along with schemes that will be priorities for future funding bids, and seeks approval for the proposed programme and for the award of a contract relating to a number of schemes within it. 

Resolved:  (i)      That the revision to the Active Travel Programme proposed in Option 1 in the report, with the prioritisation of Phase 1 projects as set out in Annex 2, be approved.

Reason:     To ensure that the Active Travel Programme is affordable, achievable and effective.

                   (ii)      That approval be given to award the contract for Principal Designer services relating to a number of schemes on the Active Travel Programme, and that authority be delegated to the Director of Environment, Transport and Planning and the Chief Finance Officer, in consultation with the Director of Governance or his delegated officers, to take such steps as are necessary to award and enter into the resulting contracts (Option 3).

Reason:     To enable progress to be made on the ‘City Centre North South Cycle Route’ and ‘University East-West Campus Link’ schemes.

The Director of Environment, Transport & Planning presented a report which detailed work to be implemented in Phase 1 of the Active Travel Programme (the Programme) of projects to improve York’s walking and cycling infrastructure, along with schemes that would be priorities for future funding bids, and sought approval for the proposed programme and for the award of a related contract. 

The report explained the rationale behind the phased approach to the Programme, which would draw in more funding as it became available.  Funding for the first phase totalled £2.1m and included £877k from the Department of Transport.  The current programme was set out in Annex 1 to the report, with a proposed revised programme in Annex 2 and an evaluation of individual schemes within the programme in Annex 3.  Three options were presented, as detailed in paragraphs 23-54 and summarised below:

Option 1 – approve the revisions to the Programme, as recommended.

Option 2 – do not approve the revisions.  This would not result in delivery of all schemes, as the budget deficit would remain.

Option 3 – approve the award of the contract for Principal Designer services, but only in relation to those schemes remaining in Phase 1 until further funding is obtained.  This option was recommended.

In supporting the recommendations, the Executive Member for Transport thanked officers for the progress made on the priorities identified in his Decision Session in February.  He acknowledged the concerns raised under Public Participation but noted that limited funding was available; the Programme would however position the council for higher levels of funding. Officers confirmed that the Local Transport Plan placed active travel at the top of the hierarchy and that a number of schemes in the Programme had already been delivered.

Resolved:  (i)      That the revision to the Active Travel Programme proposed in Option 1 in the report, with the prioritisation of Phase 1 projects as set out in Annex 2, be approved.

Reason:     To ensure that the Active Travel Programme is affordable, achievable and effective.

                   (ii)      That approval be given to award the contract for Principal Designer services relating to a number of schemes on the Active Travel Programme, and that authority be delegated to the Director of Environment, Transport and Planning and the Chief Finance Officer, in consultation with the Director of Governance or his delegated officers, to take such steps as are necessary to award and enter into the resulting contracts (Option 3).

Reason:     To enable progress to be made on the ‘City Centre North South Cycle Route’ and ‘University East-West Campus Link’ schemes.

The Director of Public Health to present a report which seeks authority to approach the market for the tendering of an adult and young people’s alcohol and illicit drug misuse service, delivering evidence-based harm reduction, treatment and recovery services to the population of York.

Resolved:  (i)      That officers within City of York Council be authorised to tender a new contract for the provision of alcohol and drug services.

                   (ii)      That the Director of Public Health, in consultation with the Executive Member for Adult Social Care & Public Health and the Director of Governance, be authorised to accept the bid for this contract which scores highest on the evaluation criteria, and to award and sign the contract.

Reason:     To enable substance misuse treatment and recovery services to be available to York residents that are value for money and responsive to local need.

The Consultant in Public Health presented a report which sought authority to approach the market for the tendering of an adult and young people’s alcohol and illicit drug misuse service to deliver evidence-based harm reduction, treatment and recovery services to the population of York.

The current contract would expire at the end of May 2024, and had a yearly value of over £1.8m.  The value of the new contract was expected to be broadly similar, with the provider expected to focus on delivering outcomes for residents and to ensure a strong prevention model, as well as treatment, in the young people’s service.  A revised service specification would be developed after consultation with the current provider and other partners, and engagement with service users.

The comments of the Executive Member for Adult Social Care & Public Health in support of the recommendations were read out by the Executive Member for Housing & Safer Neighbourhoods, who also expressed her own support.

Resolved:  (i)      That officers within City of York Council be authorised to tender a new contract for the provision of alcohol and drug services.

                   (ii)      That the Director of Public Health, in consultation with the Executive Member for Adult Social Care & Public Health and the Director of Governance, be authorised to accept the bid for this contract which scores highest on the evaluation criteria, and to award and sign the contract.

Reason:     To enable substance misuse treatment and recovery services to be available to York residents that are value for money and responsive to local need.

The Chief Operating Officer to  present a report which seeks permission to re-procure an Occupational Health and Day One Absence Management Service for the Council, key in ensuring employees are able to fulfil their duties safely with their health and wellbeing supported.

Resolved:  (i)      That approval be given to procure an occupational health and day one provision effective from May 2023.

                   (ii)      That authority be delegated to the Chief Operating Officer to select the appropriate procurement route and award the contract to the successful bidder.

                   (iii)     That the future procurement of a contract of this nature be considered as ‘routine’, on the basis that it is a re-procurement of existing arrangements.

Reason:     To ensure that managers continue to be provided with the tools to facilitate proactive absence management and that professional occupational health advice is available at the earliest opportunity, with the supplier able to work with the Council to develop solutions to keep employees with health issues at work and safe.

The Head of HR and OD presented a report which sought permission to re-procure an Occupational Health and Day One Absence Management Service for the Council.  Details of the current provision were set out in Annex 1 to the report.

The One Day Absence contract with Medigold had been extended for a year in June 2021, but due to the effects of the pandemic it had not been possible to assess the system and its effects on absence levels. A review of the in-house HR system had concluded that it did not have the capability to create a recording process comparable to Medigold’s.  Approval was therefore sought to re-procure a day one absence system jointly with the occupational health contract to take advantage of a joined up service.

Four options were presented, as detailed in paragraphs 23-26 of the report and summarised below:

Option 1 – procure a day one absence and occupational health contract effective from 23 May 2023 via an approved framework, as recommended.

Option 2 – procure a contract for occupational health provision only and return to the original ITrent model for absence.  This would lack independence and require additional resources.

Option 3 – spot purchase occupational advice on an ad-hoc basis.  This would be more costly and not produce a proactive co-ordinated response.

Option 4 – procure separate contracts for day one absence and occupational health.  This would not realise the ambition of improving connections between the two.

Resolved:  (i)      That approval be given to procure an occupational health and day one provision effective from May 2023 (Option 1).

                   (ii)      That authority be delegated to the Chief Operating Officer to select the appropriate procurement route and award the contract to the successful bidder.

                   (iii)     That the future procurement of a contract of this nature be considered as ‘routine’, on the basis that it is a re-procurement of existing arrangements.

Reason:     To ensure that managers continue to be provided with the tools to facilitate proactive absence management and that professional occupational health advice is available at the earliest opportunity, with the supplier able to work with the Council to develop solutions to keep employees with health issues at work and safe.

The Assistant Director, Education & Skills, to present a report which provides details of the 2023-25 plan for capital schemes to improve the sufficiency of provision for children and young people with special educational needs and/or disabilities (SEND), and seeks approval for the schemes outlined in the plan.

Resolved:  That the schemes outlined in the SEND Capital Plan, 2023-25 be approved. 

Reason:     To ensure that the sufficiency of suitable school places for children and young people with SEND has been addressed, reducing the need for out of city provision and meeting parental preferences.

The Assistant Director, Education & Skills, presented a report which provided details of the 2023-25 plan for capital schemes to improve the sufficiency of provision for children and young people with special educational needs and/or disabilities (SEND), and asked Executive to approve the schemes set out in the plan.

The following options were presented, as detailed in paragraphs 19-21 of the report:

Option 1 – do nothing. This would leave the council unable to deliver enough school places in the city for children with SEND.

Option 2 – deliver all the schemes set out in the plan, as recommended.

Option 3 – remove some of the schemes from the plan and increase the available contingency.  This would not address the current sufficiency issues.

It was confirmed that the issue that was to have been raised by the registered speaker on this item was outside the scope of the report as it related to out of school provision; however, officers were looking at inviting expressions of interests for such provision.  In supporting Option 2, the Executive Member for Children’s Services & Education thanked all involved for developing the programme in close collaboration with parents and other stakeholders.

Resolved:  That the schemes outlined in the SEND Capital Plan, 2023-25 be approved. 

Reason:     To ensure that the sufficiency of suitable school places for children and young people with SEND has been addressed, reducing the need for out of city provision and meeting parental preferences.

The Chief Operating Officer to present a report which presents details of the council’s overall finance and performance position for the period 1 April 2022 to 30 September 2022, together with an overview of any emerging issues.

Resolved:  That the finance and performance information, and the actions needed to manage the financial position, be noted.

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

The Chief Finance Officer presented a report which provided details of the council’s overall finance and performance position for the period 1 April 2022 to 30 September 2022, together with an overview of any emerging issues.

The gross financial pressures facing the council were projected at £7.7m but after mitigation it was considered this could be brought down to a net position of £3.7m  As previously reported, serious underlying budget pressures remained across both adult and children’s social care.  The main budget variations and proposed mitigating actions were summarised in Annex 1 to the report.  Service delivery performance was summarised in paragraphs 19-23 of the report, and details of performance against the core strategic indicators in the Council Plan were provided in Annex 2.

In commenting on the report, the Executive Member for Finance & Major Projects highlighted the improved financial position on the previous year, despite major challenges, and strong performances in relation to the city centre and affordable homes.

Resolved:  That the finance and performance information, and the actions needed to manage the financial position, be noted.

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

The Chief Finance Officer to present a report which sets out the projected outturn position for of the council’s capital programme for 2022/23, including any under/over spends and adjustments, along with requests to re-profile budgets to/from current and future years.

[See also Item 18]

Resolved:  (i)      That the 2022/23 revised budget of £154.557m, as set out in Table 1 at paragraph 19 of the report, be noted.

                   (ii)      That the restated capital programme for 2022/23 – 2026/27, as set out in Table 2 at paragraph 72, be noted.

                   (iii)     That the proposed mechanism for dealing with inflationary increases in the programme, as set out in paragraphs 3 – 15, be noted.

                   (iv)    That the schemes fully funded by UK Shared Prosperity Fund and Ruarla Prosperity Fund of £1.3m be introduced into the capital programme, subject to funding allocation being confirmed.

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

[See also under Part B]

The Chief Finance Officer presented a report which set out the projected outturn position for of the council’s capital programme for 2022/23, including any under/over spends and adjustments, along with requests to re-profile budgets to/from current and future years.

A decrease of £38.193m on the current approved programme was reported, resulting in a revised programme for 2022/23 of £154.557m.  There was an increase of £6.094m and a re-profiling of budgets to future years of £44.287m in total.  Variances against each portfolio area were set out in Table 1 at paragraph 19 of the report and detailed in paragraphs 20-71.  The revised 5-year programme resulting from these changes was summarised in Table 2 at paragraph 72 and detailed in Annex A.

The Executive Member for Finance & Major Projects highlighted the continued progress made in respect of schools, the housing programme and libraries.  The Chair noted that all councils faced a difficult year ahead in terms of their budgets and that York continued to make the case to government for long-term solutions.

Resolved:  (i)      That the 2022/23 revised budget of £154.557m, as set out in Table 1 at paragraph 19 of the report, be noted.

                   (ii)      That the restated capital programme for 2022/23 – 2026/27, as set out in Table 2 at paragraph 72, be noted.

                   (iii)     That the proposed mechanism for dealing with inflationary increases in the programme, as set out in paragraphs 3 – 15, be noted.

                   (iv)    That the schemes fully funded by UK Shared Prosperity Fund and Ruarla Prosperity Fund of £1.3m be introduced into the capital programme, subject to funding allocation being confirmed.

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

The Chief Finance Officer to present a report which provides an update on Treasury Management activity for the period 1 April  to 30 September 2022.

Resolved:  (i)      That the Treasury Management activities to date in 2022/23 be noted.

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

Reason:     in accordance with the Local Government Act 2003 (revised), and to ensure the continued performance of the Council’s Treasury Management function.

The Chief Finance Officer presented a report which provided an update on Treasury Management activity for the period 1 April  to 30 September 2022.

The report, prepared in compliance with CIPFA’s Code of Practice on Treasury Management, provided: an economic update for the first part of the 2022/23 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. 

It was confirmed that during the financial year to date, the council had operated within the treasury limits and Prudential Indicators, as set out in the report and Annex A.  The report would be considered by the Audit & Governance Committee on 30 November 2022.

Resolved:  (i)      That the Treasury Management activities to date in 2022/23 be noted.

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

Reason:     in accordance with the Local Government Act 2003 (revised), and to ensure the continued performance of the Council’s Treasury Management function.

The Director of Governance to present a report which asks Executive to consider the points system for the annual nomination of the Lord Mayor of York and confirm the qualification of the group with the most points to nominate the Lord Mayor for the next municipal year.

Resolved:  That the Liberal Democrat Group be invited to accept the nomination for Lord Mayor for 2023/24, in line with the accumulated points system set out in paragraphs 3-6 of the report.

Reason:     To ensure that the Council uses an appropriate method to nominate Lord Mayors for Office.

The Director of Governance presented a report which asked Executive to consider the points system for the annual nomination of the Lord Mayor of York, and to invite the group with the most points to nominate the Lord Mayor for the next municipal year.

It was reported that, under the current system, the Liberal Democrat Group had accumulated the most points, with 23, and therefore qualified to nominate the next Lord Mayor.

Resolved:  That the Liberal Democrat Group be invited to accept the nomination for Lord Mayor for 2023/24, in line with the accumulated points system set out in paragraphs 3-6 of the report.

Reason:     To ensure that the Council uses an appropriate method to nominate Lord Mayors for office, and to secure a nomination for the next municipal year.

[See also Item 5]

Recommended:  That Council adopt the 10 year Strategy and Policy framework, which comprises the Climate Change, Economic and Health and Wellbeing 10 year strategies and the emerging 10 year City Plan.

Reason:     To engage partners, city leaders, businesses, stakeholders and residents to work together on key agreed priority areas that aim to actively improve the quality of life for all York’s residents.

[See also under Part A]

The Chief Operating Officer and the Assistant Director, Policy & Strategy, presented a report which detailed the development of a 10-year Strategy and Policy framework comprising the Climate Change, Economic and Health and Wellbeing 10 year strategies and the emerging 10 year City Plan.  Members were asked to review the strategies and recommend that Council adopt the framework.

The three inter-dependent strategies had been developed after an extensive 18-month programme of resident, business and stakeholder engagement and were informed by existing and emerging national and local policies, as set out in the report.  A summary of resident feedback was attached at Annex A.  The three strategies had been made available to view online as Annexes B, C and D respectively.

The Chair thanked all those involved in developing the strategies, which responded to a series of challenges facing the city including integrated care, levelling up and climate change, and would guide future work in achieving long-term ambitions.  In supporting the recommendations, the Executive Member for Environment & Climate Change highlighted York’s award of a ‘A’ Rating for climate action leadership by the Carbon Disclosure Project.  In response to matters raised under Public Participation, officers confirmed that they were looking at the data modelling but needed to be sure that a ‘bottom up’ approach would improve on the current scatter tool process before adopting it. 

Recommended:  That Council adopt the 10 year Strategy and Policy framework, which comprises the Climate Change, Economic and Health and Wellbeing 10 year strategies and the emerging 10 year City Plan.

Reason:     To engage partners, city leaders, businesses, stakeholders and residents to work together on key agreed priority areas that aim to actively improve the quality of life for all York’s residents.

[See also Item 7]

Recommended:  (i)      That the following changes be made to local guidance used in the determining of pavement café licenses under the Business and Planning Act 2020:

a)  Cafés only allowed on footways if 1.5m width remains for people to get past (width increased to 2m in high footfall areas, for example busy junctions, near bus stops, etc). In footstreets with access level between footways and carriageway (for example Coney Street), licences may be issued for pavement cafes to cover the full width of the footway. If a licence is refused under the Business and Planning Act it would be possible for the applicant to use the planning permission process (and licensing under Highways Act Part 7A) to seek permission for a pavement café area. If a permission and a licence were to be granted under this process, adequate access mitigations would be conditioned through the planning permission on a case-by-case basis and all costs associated with required highway improvements would need to be borne by the applicant.

b)   Café areas can be allowed in on-street parking bays, where sufficient parking and loading capacity remains (including for Blue Badge holders) and the café area can be protected from passing traffic (if required). The licence holder will be required to cover all associated costs (changes to the permanent TRO, changes to the kerb line/protection measures).

c)   To require the named licence holder to have completed the ACT Awareness E-learning course and provide additional information to licence holders on the Protect Duty.

d)   To adopt the updated guidance document (Annex B) and proposals for additional information to be provided. Key changes are: updated barriers requirements and specifications, updated access width requirements, strengthened enforcement process, reintroduction of a £100 charge per licence. Additional information to be provided includes: design and set up guidance for licence holders, advice and support on ‘How to set-up your pavement cafe area’, and information on hospitality venues’ duties under the Equality Act.  Pavement café licence holders will be written to – to notify them of the changes.

Reason:              To clarify the criteria against which pavement café applications will be assessed and mitigate the impact of some pavement cafes on accessibility and to clarify the criteria against which pavement café applications will be assessed and the standards licence holders will be expected to meet and provide additional support and guidance to licence holders.

                   (ii)      That the Policy for Pavement Cafes under the Business and Planning Act 2020 be reviewed by the Licensing & Regulatory Committee and be added to the list of functions of that committee.  Officers will continue to determine applications made under that policy.

Reason:     So that the Licensing & Regulatory Committee can review the policy.

[See also under Part A]

The Director of Transport, Environment & Planning presented a report which proposed changes to City of York Council’s pavement café licensing guidance and process, following the completion of a review of the current licensing guidance, as approved by Executive on 28 July 2022 (Minute 19 of that meeting refers). 

The current guidance had been implemented under emergency government legislation in response to Covid, enabling pavement café areas to be licensed to cover the whole pavement in some streets where traffic was restricted.  While beneficial to businesses, this had had an impact on access.  Independent consultants Mima had been appointed in September to identify and review these issues.  Their report, produced after consultation with the disabled community, was attached at Annex A.  Options for the Executive in respect of pavement café location (Theme 1), updating the guidance document (Theme 2) and counter-terrorism training (Theme 3) were set out in paragraphs 33-35 of the officer report. Options not recommended are summarised briefly below:

·        Option 1b) – allow pavement cafes to take the whole footway in certain footstreets in pedestrianised hours.

·        Option 1c) – as above, but with temporary ramps.

·        Option 1d) – no long-term use of parking bays for pavement café licences.

·         Option 3a) – provision of additional information on the Protect Duty and its implications for licence holders and staff.

A letter summarising the options proposed had been sent to all pavement café licence holders and business groups on 9 and 10 November, inviting them to provide feedback.  Officers reported that they had received responses from 10 businesses to date, mostly in support of option 1b), and confirmed that they would collate any further responses received and inform Members before the Full Council meeting on 15 December.

In response to matters raised under Public Participation, officers confirmed that enforcement, and helping businesses to comply with licensing conditions, was a priority.  The Executive Members for Economy & Strategic Planning and Transport having spoken in support of the recommended options, it was

Recommended:  (i)      That the following changes be made to local guidance used in the determining of pavement café licenses under the Business and Planning Act 2020:

a)  Cafés only allowed on footways if 1.5m width remains for people to get past (width increased to 2m in high footfall areas, for example busy junctions, near bus stops, etc). In footstreets with access level between footways and carriageway (for example Coney Street), licences may be issued for pavement cafes to cover the full width of the footway. If a licence is refused under the Business and Planning Act it would be possible for the applicant to use the planning permission process (and licensing under Highways Act Part 7A) to seek permission for a pavement café area. If a permission and a licence were to be granted under this process, adequate access mitigations would be conditioned through the planning permission on a case-by-case basis and all costs associated with required highway improvements would need to be borne by the applicant.  ...  view the full minutes text for item 58.

[See also Item 13]

Recommended:  That Council approve the adjustments resulting in a decrease in the 2022/23 budget of £38.193m, as detailed in the report and contained in Annex A.

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

[See also under Part A]

The Chief Finance Officer presented a report which set out the projected outturn position for of the council’s capital programme for 2022/23, including any under/over spends and adjustments, along with requests to re-profile budgets to/from current and future years.

A decrease of £38.193m on the current approved programme was reported, resulting in a revised programme for 2022/23 of £154.557m.  There was an increase of £6.094m and a re-profiling of budgets to future years of £44.287m in total.  Variances against each portfolio area were set out in Table 1 at paragraph 19 of the report and detailed in paragraphs 20-71.  The revised 5-year programme resulting from these changes was summarised in Table 2 at paragraph 72 and detailed in Annex A.

The Executive Member for Finance & Major Projects highlighted the continued progress made in respect of schools, the housing programme and libraries.  The Chair noted that all councils faced a difficult year ahead in terms of their budgets and that York continued to make the case to government for long-term solutions.

Recommended:  That Council approve the adjustments resulting in a decrease in the 2022/23 budget of £38.193m, as detailed in the report and contained in Annex A.

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