Agenda, decisions and minutes

At this point in the meeting, the Executive Member is asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which he might have in respect of business on this agenda.

At this point in the meeting, the Executive Member was asked to

declare any personal, prejudicial or disclosable pecuniary

interests that he might have in relation to the business on the

agenda. No additional interests were declared.

To approve and sign the minutes of the meeting held on 10 November 2016.

Resolved: That the minutes of the last Decision Session held on 10 November 2016 be signed and then approved by the Executive Member as a correct record.

At this point in the meeting, members of the public who have registered their wish to speak at the meeting can do so. The deadline for registering is 5:00pm on Tuesday 6 December 2016. 

Members of the public may speak on an item on the agenda or an issue within the Executive Member’s remit,

Filming, Recording or Webcasting Meetings

Please note this meeting may be filmed and webcast or audio

recorded and that includes any registered public speakers, who

have given their permission. This broadcast can be viewed at

http://www.york.gov.uk/webcasts. or, if sound recorded, this will

be uploaded onto the Council 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 four registrations to speak at the meeting under the Council’s Public Participation Scheme. All had registered to speak under Agenda Item 4) Definitive Map Modification Order (DMMO) to add a footpath to the Definitive Map and Statement: Askham Fields Lane, Askham Bryan.

Shirley Smith spoke about the public use of the footpath over the past twenty years by cyclists and dogwalkers. She felt that a sufficient number of user evidence forms had been provided to determine that usage of the footpath was by the public. Thanks were given to the nearby villagers, the local Ward Member, the principal of Askham Bryan college, Julian Sturdy MP and the Officer for her work.

Audrey Hollas, felt that the an order should be made to add the footpath, as local residents in Copmanthorpe used it to access the children’s play area on the college site. It was also used by a variety of people including students, and those who lived in the private houses built on the land adjacent to the footpath and college.

John Mawson  of Askham Bryan College,  gave a brief historical introduction to the site and spoke about the unadopted road at Askham Fields Lane the footpath was the responsibility of the college. He informed the Executive Member how the College and Parish Council had worked together to secure funding for street lighting that ran from the college entrance to the bus stop to ensure safety of the students. He commented how open access would contravene planning permission granted for a zoo licence and care act standards that the college had to fulfil towards its students. This was because all visitors to the college had to wear ID cards therefore those people using the footpath who were not visitors would be contravening those standards, as the footpath crossed college grounds.

David Nunns of York Ramblers  noted that the planning application had made the case for open access more difficult. He felt that  Askham Fields Lane should be open to the public, he informed the Executive Member how he cycled along the route regularly. He also stated that the college boundary on the online map lay further to the west and did not take into account new developments. He circulated a copy of the map to the Executive Member.

The Executive Member asked John Mawson whether the both sides of the footpath across the college grounds could be made secure. It was confirmed that although this was difficult, it could be carried out.

This report presents an application for a Definitive Map Modification Order (DMMO) to add a public footpath to the Definitive Map and Statement at Askham Fields Lane, Askham Bryan. It asks the Executive Member to make a decision on whether the application meets the legislative criteria.

[Please note that Annex 4 to the Officer’s report is copyrighted material but is available to view on application, please contact Joanne Coote on joanne.coote@york.gov.uk or 01904 551442]

Resolved: That Option A- that the Authority makes an order- be agreed.

Reason:   The supporting evidence meets the threshold criteria of ‘reasonably alleged’.

The Executive Member considered a report which asked him to make a decision on whether an application for a Definitive Map Modification Order (DMMO) to add a public footpath to the Definitive Map and Statement at Askham Fields Lane, Askham Bryan met the legislative criteria.

Officers made a number of comments in response to the public speakers to explain that the application had been challenging, especially so, in trying to determine use by ‘the public’ because of the location of the claimed route. They advised the Executive Member that use of the claimed footpath by those who owned residential property within the college grounds was by licence, and the evidence therefore, was viewed as ‘non qualifying’.  Similar reasoning was presented for those persons who had in the past been employed by the college, and their immediate family members.  Evidence in support and rebuttal of the application had been forthcoming over a number of months, and Officers had received correspondence from a past Principal of the College, which acknowledge use of the claimed route by ‘the public’. 

Officers explained that if the decision was to make an Order, the Order would be advertised, and open to objections. Alternatively, if the decision was not to make an Order, an appeal could be lodged with the Secretary of State. 

The Executive Member considered all the comments by the public speakers before coming to his decision. He felt that although there was evidence provided of use by the public, this could have been more robust. He did understand the college’s concerns.

Resolved: That Option A- that the Authority makes an order- be agreed.

Reason:   The supporting evidence meets the threshold criteria of ‘reasonably alleged’.

This report is to inform the Executive Member for Transport and Planning of a formal consultation by British Telecom (BT) to the Council and the wider local community on its intentions to remove 26no public payphones at various locations throughout the City of York Council area.

Resolved: (i) To follow the recommendations to object or not object on each individual payphone as listed in Annex A, other than for the following application where it has been resolved to object;

16/02145/TCNOT – Outside Ryedale Court, The Village, Haxby.

       (ii)  If the local Consultation has identified a desire from the relevant Parish Council or other body to adopt a PCB (Public Call Box) for other uses, that BT be notified of this desire to adopt.

 (iii)If new objections are received during the 2^nd stage of the notification/consultation process to the removal of a PCB (Public Call Box) where the resolution was for there to be No objections, the Assistant Director of Planning and Public Protection be delegated to formally object to B.T in order to comply with the agreed timescale of the formal consultation process.

(iv) That these new objections then be considered by the Executive Member for Transport and Planning at the next available Executive Member Decision Session.

Reason: To comply with Ofcom procedural and timescale guidelines on such applications.

The Executive Member received a report which informed him of a formal consultation by British Telecom (BT) to the Council and the wider local community on its intentions to remove 26no public payphones at various locations throughout the city.

Officers recapped the process andupdated the Executive Member on comments received in regards to two of the proposed payphones to be removed.

·        16/02132/TCNOT - Councillor Aspden and Fulford Parish Council had previously submitted comments in regards to the risk of flooding in the area. Officers had received information from BT about the use of mobile phones in emergency situations.

·        16/02145/TCNOT- Outside Ryedale Court, The Village Haxby

Haxby Town Council objected to the removal of the telephone box due to high usage rates.

The Executive Member stated that he was happy to recommend that objections be raised to the removal of that box.

Resolved: (i) To follow the recommendations to object or not object on each individual payphone as listed in Annex A, other than for the following application where it has been resolved to object;

16/02145/TCNOT – Outside Ryedale Court, The Village, Haxby.

       (ii)  If the local Consultation has identified a desire from the relevant Parish Council or other body to adopt a PCB (Public Call Box) for other uses, that BT be notified of this desire to adopt.

 (iii)If new objections are received during the 2^nd stage of the notification/consultation process to the removal of a PCB (Public Call Box) where the resolution was for there to be No objections, the Assistant Director of Planning and Public Protection be delegated to formally object to B.T in order to comply with the agreed timescale of the formal consultation process.

(iv) That these new objections then be considered by the Executive Member for Transport and Planning at the next available Executive Member Decision Session.

Reason: To comply with Ofcom procedural and timescale guidelines on such applications.