Agenda, decisions and minutes

Councillor Alexander welcomed everyone in attendance to the first Cabinet meeting under the new administration. He confirmed that, in future, all reports would be written by Cabinet members to provide clear accountability for all decision-making. 

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

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

Councillors Merrett and Simpson-Laing withdrew from the meeting for agenda item 6 (Kent Street Site – Disposal), under the provisions of the Planning Code of Good Practice as members of the Planning Committee and took no part in the discussion or voting thereon.

To consider excluding of the press and public from the meeting during consideration of Annexes 2 and 3 to Agenda Item 6 (Kent Street Site - Disposal) on the grounds that they contain information relating to the business and financial affairs of particular persons.  This information is classed as exempt under paragraph 3 of Schedule 12A to Section 100A of the Local Government Act 1972 (as revised by The Local Government (Access to Information) (Variation) Order 2006).

RESOLVED: That the press and public be excluded from the meeting during consideration of Annexes 2 and 3 to Agenda Item 5 (Kent Street Site – Disposal), on the grounds that they contain information relating to the financial or business affairs of particular persons, which 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.

To approve and sign the minutes of the last meeting of the Executive, held on 26 April 2011.

RESOLVED: That the minutes of the last Executive meeting, held on 26 April 2011, be approved and signed by the Chair as a correct record.

At this point in the meeting, members of the public who have registered their wish to speak regarding an item on the agenda or a matter within the Cabinet’s remit can do so.  The deadline for registering is 5:00 pm on Monday 20 June 2011.

It was reported that there had been one registration to speak at the meeting under the Council’s Public Participation Scheme and two requests to speak, from Members of Council. 

Mr A Cossins of Indominito Properties spoke in relation to the Kent Street Site – Disposal (agenda item 6). He confirmed his company’s involvement in the site for in excess of five years during which they had secured detailed planning consent for a hotel. He pointed out that his firm were in advanced negotiations with a hotel chain to provide quality hotel accommodation. Support for this had been received from the adjacent Barbican Centre. He therefore requested Members to accept their bid and scheme for the site which would provide a significant addition to York’s hospitality and employment offer.

Councillor Warters questioned details of the disposal of the Kent Street site in relation to planning. The Assistant Director, Governance and IT confirmed that he would reply to the query in writing.

Councillor Taylor raised concerns in relation sale of the Kent Street site and to the relocation of the Fire Station. He pointed out that reduced cover could put York’s heritage buildings and lives at risk with the added reputational risk to the economy. He requested Cabinet to either refuse to sell the site, defer their decision pending the Fire Authority meeting the following day or agree the sale with the caveat that two full time engines and a turntable ladder were based at the station.  

Councillor Warters also spoke in relation to the Local Development Framework (agenda item 7). He questioned why this recommendation had not been to the Local Development Framework Working Group and expressed concerns at the apparent lack of public consultation. The City Strategy Cabinet Member confirmed that Officer’s were still working on details in the Core Strategy Submission however the public would be given the opportunity to make representations following Officer’s final revisions.

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

Members received and noted details of those items listed on the Forward Plan for the next two Cabinet meetings at the time the agenda was published. Officers confirmed that since the agenda had first been published the Forward Plan had been updated and the current list of items for these meetings was viewable on the Council’s website.

This report seeks approval to sell the former Kent Street coach park site to the North Yorkshire Fire and Rescue Service.

RESOLVED:             That the Cabinet agree Option a) to sell the freehold interest in the Kent Street site to North Yorkshire Fire and Rescue Service based on the terms and conditions contained in the report and to delegate authority to the Director of City Strategy in consultation with the Head of Legal Service to conclude the sale. ^1.

REASON:                  To ensure the development potential of the site is utilised, that a satisfactory capital receipt is obtained to support the capital programme and to assist another local public authority to achieve its service objectives.        

Members considered a report which sought approval to sell the former Kent Street coach park site to the North Yorkshire Fire and Rescue Service (NYFRS).

The site, shown edged in black on the plan at Annex 1 to the report, was surplus to the Council’s service requirements and had not been included in the final tender for the Barbican Auditorium.  NYFRS had expressed an interest in acquiring the site for construction of a new fire station to replace the inadequate building on Clifford Street.

The Cabinet were asked to consider the following options:

a)     Sell the Site to NYF&RS for a proposed fire station.

b)     Put the Site on the open market for sale by informal tender.

c)      Do nothing and wait for an improvement in property values before putting the site on the market for sale.

The Chair confirmed Cabinets concerns for the safety of residents and the historic city centre. He also referred to meetings held with Fire Brigade Unions in order to try and ensure adequate fire cover in the city. He pointed out that the best cover option for the city was not a Council decision however any changes agreed should be subject to review in 12 months to ensure that there was no detriment to the city.  

Following further discussion it was

RESOLVED:             That the Cabinet agree Option a) to sell the freehold interest in the Kent Street site to North Yorkshire Fire and Rescue Service based on the terms and conditions contained in the report and to delegate authority to the Director of City Strategy in consultation with the Head of Legal Service to conclude the sale. ^1.

REASON:                  To ensure the development potential of the site is utilised, that a satisfactory capital receipt is obtained to support the capital programme and to assist another local public authority to achieve its service objectives.        

The Cabinet Member for City Strategy will seek Cabinet’s support that a recommendation be made to Council to amend the provision for housing growth contained in the submission draft of the core strategy to an average of 800 dwellings per annum, along with other textual amendments.  In support of that recommendation, the Cabinet Member will ask that the Director of City Strategy be instructed to prepare a report for Council highlighting the implications of these changes, along with an amended Core Strategy document, and arrange for briefings for Members.

RECOMMENDED:    i) That Council be requested to agree to amend the provision for housing growth contained in the submission draft of the Local Development Framework core strategy to an average of 800 dwellings per annum, along with other textual amendments. ^1.

ii) That the Director of City Strategy be requested to prepare a report for Council highlighting the implications of these changes, along with an amended Core Strategy document and to arrange briefings for Members. ^2.

iii)That the Director of City Strategy be also requested to include the points highlighted in the document circulated at the meeting into the revised Core Strategy document. ^3.

(This document has been attached as a late annex to the Cabinet agenda) 

REASON:                              To ensure the Council submits a robust and sustainable LDF Core Strategy for the LDF period to 2029.

Members considered a submission from the Cabinet Member for City Strategy that a recommendation be made to Council to amend the provision for housing growth contained in the submission draft of the Local Development Framework Core Strategy, together with other textual amendments.

The Cabinet Member circulated a brief document at the meeting, which summarised proposed changes that Council would be asked to approve at their meeting on 30 June 2011 (This document has been attached as a late annex to the Cabinet agenda).

Members expressed support for changes to the plan and in particular to the amendment to increase the housing requirement to 800 dwellings per annum, in accordance with the evidence base.

Following further discussion it was

RECOMMENDED:    i) That Council be requested to agree to amend the provision for housing growth contained in the submission draft of the Local Development Framework core strategy to an average of 800 dwellings per annum, along with other textual amendments.

ii)That the Director of City Strategy be requested to prepare a report for Council highlighting the implications of these changes, along with an amended Core Strategy document and to arrange briefings for Members. ^1.

iii)                That the Director of City Strategy be also requested to include the points highlighted in the document circulated at the meeting into the revised Core Strategy document. ^2.

(This document has been attached as a late annex to the Cabinet agenda)

REASON:                              To ensure the Council submits a robust and sustainable LDF Core Strategy for the LDF period to 2029.

RECOMMENDED:   i) That Council approve the revised Media Protocol at their meeting on 30 June 2011.

ii)That Council agree to the removal of the Media Protocol from the Council’s Constitution. ^1.

REASON:                  i)            To ensure greater transparency and accountability.

ii) To ensure that future practical amendments can be made to the policy without disproportionate bureaucratic decision making

Consideration was given to a report which had been added to the agenda as an urgent item on 17 June 2011. The report proposed a change to the existing Media Protocol to ensure that communication of Council policies and activities were open and transparent giving clear accountability for all Council decision making.

The Chair pointed out that following a review of media protocols in use in other local authorities it appeared that York was unique in not providing quotes from elected members. He therefore requested approval of the alteration in order to provide clear and open communication of council policy.

RECOMMENDED:   i) That Council approve the revised Media Protocol at their meeting on 30 June 2011.

ii)That Council agree to the removal of the Media Protocol from the Council’s Constitution. ^1.

REASON:                  i)            To ensure greater transparency and accountability.

ii) To ensure that future practical amendments can be made to the policy without disproportionate bureaucratic decision making