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.

The Executive Member was 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 he might have had in respect of business on the agenda.

Councillor D’Agorne confirmed that he had a prejudicial interest in relation to item 9 ‘Consideration of Objections of the extension of R63 ResPark to include properties 298-314 Fulford Road (Even only)’ as this residents parking scheme effected the street he lived on. Therefore, Councillor Widdowson Executive Member for Environment and Climate Change was in attendance to consider this item in Councillor D’Agorne’s stead.

Councillor D’Agorne also noted that while not a prejudicial or disclosable pecuniary interest he wished to note that he was a member of the Enterprise Car Club.

To approve and sign the minutes of the meeting held on 28 September 2022.

Resolved:  That the minutes of the Decision Session of the Executive Member for Transport held on 28 September 2022 be approved and signed by the Executive Member 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 committee.

Please note that our registration deadlines are set as 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, 14 October 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 there had been six registrations to speak at the meeting under the Council’s Public Participation Scheme.

John Mackfall spoke on item 10 as the land owner. He asked that the Executive Member support applying for the stopping up order noting the long challenges he had had with the Council regarding the land.

Jill Edwards spoke on behalf of the Parish Council and asked that the Executive Member support the stopping up order in item 10.

Cllr Warters asked that the Executive Member support the stopping up order in item 10.

Kate Ravilious spoke on behalf of the York Cycle Campaign and raised concerns about the use of the Active Travel Grant, asking the Executive Member to have published a breakdown of spending on Active Travel programmes.

Cllr Kilbane raised questions about the Executive Members support for the duelling of the outer ring road while he considered Active Travel programmes to be stalling. He stated that the Council required a more coherent transport plan for transport in the city and to respond to climate change.

Cllr Craghill spoke on item 7 as a Ward Councillor and asked that the Executive Member support option A of the report. She also asked that sufficient space be maintained to ensure mobility aids can pass bollards and street furniture.  

This report outlines a new West Yorkshire Combined Authority 2 year contract (with an option to extend) with Enterprise Car Club.

Resolved:

                      i.         Noted the new contract with Enterprise Car Club;

                     ii.         That a review of CYC’s role with car clubs takes place during the two year contract period.

Reason:     To maximise the use of car club vehicles in York.

The Executive Member welcomed the new two year contract with Enterprise Car Club. He also agreed that officers should undertake a review of the Council’s role with car clubs to ensure it was being best used and noted its role in providing flexible travel across the city which reduced CO2 emissions as opposed to car ownership.  

Resolved:

                      i.         Noted the new contract with Enterprise Car Club;

                     ii.         That a review of CYC’s role with car clubs takes place during the two year contract period.

Reason:     To maximise the use of car club vehicles in York.

This item is to report the consultation results in response to the proposed ‘No Waiting’ at any time restrictions for Chantry Lane, Bishopthorpe.

Resolved:

                   i.        Agreed to the implementation of the proposal as advertised in Chantry Lane, Bishopthorpe, to help provide protection to the recently installed flood defence barriers.

Reason:    The restrictions will help to ensure that the area in front of the flood defence gates are kept clear to ensure that the flood defence gate can operate and protect the local environment as and when required.

The Executive Member noted his support for the implementation of the proposal as advertised in Chantry Lane, Bishopthorpe, to help provide protection to the recently installed flood defence barriers. It was confirmed that one complaint to the advertised proposal, however, officers noted that further clarity had been provided to the respondent and no further complaint was received.

Resolved:

                   i.        Agreed to the implementation of the proposal as advertised in Chantry Lane, Bishopthorpe, to help provide protection to the recently installed flood defence barriers.

Reason:    The restrictions will help to ensure that the area in front of the flood defence gates are kept clear to ensure that the flood defence gate can operate and protect the local environment as and when required.

An interim review of Electric Vehicle charging tariffs to ensure that network operating costs are met.

Resolved:

                   i.        Approved the changing of the EV charging tariffs to: Fast charging (7kW): £0.35 per kWh

Rapid and Ultra-Rapid: £0.46 per kWh

                  ii.        Delegated authority to the Director Environment, Transport and Planning in consultation with the Chief Finance Officer to make future tariff changes without a decision session but to be adequately advertised these changes, and to authorise any necessary legal documentation (or amendments to existing documentation) to effect any such changes to the tariff.

Reason:    The proposed new tariff covers all anticipated running costs for the EV charging network, meets all the objectives set out in the EV strategy and complies with ERDF funding conditions.

The Executive Member considered the proposal to raise the Electric Vehicle (EV) charging tariff to Fast charging (7kW): £0.35 per kWh and Rapid and Ultra-Rapid: £0.46 per kWh. He noted that the Council should aim to meet the right balance between a price that reflects the rising cost of energy and encouraging more drivers to change to electric vehicles. It was confirmed that the Councils EV charging strategy states that consumers would cover the cost of EV charging and not the Council.

The Executive Member welcomed that prices would remain below or at market rate for energy and that the Council would not make profits from the charging stations usage. He agreed to delegate Director Environment, Transport and Planning in consultation with the Chief Finance Officer to make future tariff changes without a decision session. He requested that any price changes be adequately advertised to ensure users were aware of changes.

Resolved:

                   i.        Approved the changing of the EV charging tariffs to: Fast charging (7kW): £0.35 per kWh

Rapid and Ultra-Rapid: £0.46 per kWh

                  ii.        Delegated authority to the Director Environment, Transport and Planning in consultation with the Chief Finance Officer to make future tariff changes without a decision session but to be adequately advertised these changes, and to authorise any necessary legal documentation (or amendments to existing documentation) to effect any such changes to the tariff.

Reason:    The proposed new tariff covers all anticipated running costs for the EV charging network, meets all the objectives set out in the EV strategy and complies with ERDF funding conditions.

This report presents an update on progress with the development of the designs for the permanent closure points in The Groves. It presents the proposed designs for the closure points.

Resolved:

                      i.         Approved the implementation of the designs presented in this report for the closure points in The Groves, following the decision to make the Low Traffic Neighbourhood permanent, with decisions on minor changes and planters, linked to the consultation or construction process, delegated to officers.

Reason:     To enable the construction of the permanent closure points to replace the concrete bricks which were used during the trial of the scheme, improving amenity for local residents, emergency access and resilience.

Officers outlined the designs presented in the report for the closure points in the Groves, noting that bollards and planters to support a low traffic neighbourhood would need to moveable should access be required for things such as emergency services. The Executive Member noted his support and acknowledged that officers were still working on appropriate signage for the Groves.

Resolved:

                      i.         Approved the implementation of the designs presented in this report for the closure points in The Groves, following the decision to make the Low Traffic Neighbourhood permanent, with decisions on minor changes and planters, linked to the consultation or construction process, delegated to officers.

Reason:     To enable the construction of the permanent closure points to replace the concrete bricks which were used during the trial of the scheme, improving amenity for local residents, emergency access and resilience.

This report presents a proposal to implement a waiver policy and process to enable residents to apply for the removal of bollards and an access waiver, where this supports access to their property for large vehicles requiring access for removals or building works.

Resolved:

                   i.        Approved the development and implementation of an access waiver policy and process, including the proposed fees and charges as outlined in option 2 of paragraph 8, for residents and businesses to apply for an exemption to enable vehicles to gain access through closure points where removable bollards are available. This would apply to large vehicles required for removals, construction/renovation and deliveries of very large items (Option 2);

                  ii.        Delegated the approval and implementation of the policy and process to the Director of Environment, Transport and Planning.

Reason:     To enable residents and businesses to receive large

deliveries in narrow, parked up streets, whilst ensuring that the costs associated with facilitating such access are recovered by the Council.

It was confirmed that the Council currently did not have a policy and it was recommended that an access waiver policy and process, including the proposed fees and charges as outlined in option 2 in the report be developed and adopted. The policy would provide the opportunity for applications to raise bollards in the city centre should it be necessary. The Executive Member noted his support and asked officers to consider whether any exceptions for such as York Rowing Club might need when more regular access may be required.

Resolved:

                   i.        Approved the development and implementation of an access waiver policy and process, including the proposed fees and charges as outlined in option 2 of paragraph 8, for residents and businesses to apply for an exemption to enable vehicles to gain access through closure points where removable bollards are available. This would apply to large vehicles required for removals, construction/renovation and deliveries of very large items (Option 2);

                  ii.        Delegated the approval and implementation of the policy and process to the Director of Environment, Transport and Planning.

Reason:     To enable residents and businesses to receive large

deliveries in narrow, parked up streets, whilst ensuring that the costs associated with facilitating such access are recovered by the Council.

The report considers the objection raised to the Residents’ Parking proposal for Broadway West and offers an officer recommendation for the outcome.

Resolved:

                   i.        Confirmed the decision to make the Traffic Regulation Order (TRO) needed to include the properties numbered 298-314 Fulford Road (even No.’s only), within an extended Residents’ Priority Parking zone R63.

Reason:    To positively respond to the original request to provide those properties with an opportunity to apply for a permit to park with in the zone.

Councillor Widdowson in place of Councillor D’Agorne confirmed the decision to include 298-314 Fulford Road (even No.’s only), within an extended Residents’ Priority Parking zone R63.

Resolved:

                   i.        Confirmed the decision to make the Traffic Regulation Order (TRO) needed to include the properties numbered 298-314 Fulford Road (even No.’s only), within an extended Residents’ Priority Parking zone R63.

Reason:    To positively respond to the original request to provide those properties with an opportunity to apply for a permit to park with in the zone.

This report considers an application by a local resident to stop up part of the adopted highway verges off Scoreby Lane in Kexby.

Resolved:

                   i.        To instruct officers to prepare an application to the Magistrates’ Court for an order to stop up the highway rights over part of the verges off Scoreby Lane in Kexby, shown on the plan at Annex A, subject to the applicant agreeing to bear all costs associated with the application, including serving the required notices, preparing and advertising the application, and progressing it through the court process;

Reason:    To positively respond, in principle, to the application

made by the landowner in July 2022, whilst ensuring that the views of stakeholders are considered and that the Council recovers its costs as per section 117 of the Highways Act 1980. It is important to note that the applicant will be required to pay all costs incurred by the Council regardless of the outcome of the application process. The application would be made on the basis that the areas of highway verge concerned are surplus to highway requirements. The Council may decide not to progress the application to Magistrates Court if significant highway related objections and concerns are raised by stakeholders during the consultation process. It would clearly not be appropriate for the Council to make an application to the Magistrates if it did not itself consider that the highway in question was unnecessary. Even if the Council decides to submit an application for a stopping up order to the Magistrates Court, the final decision to either grant or refuse the order will lie with the Magistrates and the Court’s decision is a discretionary one.

Officers introduced the report and provided a correction to the report that the current owner purchased the land in 1997 not 2002 and the trees along the lane were planted by the previous owner and not the current owner of the land.

The Executive Member acknowledged the long running historical challengers connected to these highway verges off Scoreby Lane and agreed to the recommendation in the report.

Resolved:

                   i.        To instruct officers to prepare an application to the Magistrates’ Court for an order to stop up the highway rights over part of the verges off Scoreby Lane in Kexby, shown on the plan at Annex A, subject to the applicant agreeing to bear all costs associated with the application, including serving the required notices, preparing and advertising the application, and progressing it through the court process;

Reason:    To positively respond, in principle, to the application

made by the landowner in July 2022, whilst ensuring that the views of stakeholders are considered and that the Council recovers its costs as per section 117 of the Highways Act 1980. It is important to note that the applicant will be required to pay all costs incurred by the Council regardless of the outcome of the application process. The application would be made on the basis that the areas of highway verge concerned are surplus to highway requirements. The Council may decide not to progress the application to Magistrates Court if significant highway related objections and concerns are raised by stakeholders during the consultation process. It would clearly not be appropriate for the Council to make an application to the Magistrates if it did not itself consider that the highway in question was unnecessary. Even if the Council decides to submit an application for a stopping up order to the Magistrates Court, the final decision to either grant or refuse the order will lie with the Magistrates and the Court’s decision is a discretionary one.

The purpose of this report is to set out progress to date on schemes in the 2022/23 Transport Capital Programme, and propose adjustments to scheme allocations to align with the latest cost estimates and delivery projections.

Resolved:

                      i.         Approved the amendments to the 2022/23 Directorate of Place Transport Capital Programme.

Reason:     To implement the council’s transport strategy identified

in York’s third Local Transport Plan and the Council Priorities, and deliver schemes identified in the council’s Transport Programme, including the Active Travel Programme.

The Executive Member considered the monitor 1 report for the Transport Capital Programme - 2022/23. Officers confirmed that a future report was being drafted on the Active Travel Programme and could include a breakdown of spend as requested in public participation. The Executive Member welcomed report and approved the amendments to the 2022/23 Directorate of Place Transport Capital Programme.

Resolved:

                      i.         Approved the amendments to the 2022/23 Directorate of Place Transport Capital Programme.

Reason:     To implement the council’s transport strategy identified

in York’s third Local Transport Plan and the Council Priorities, and deliver schemes identified in the council’s Transport Programme, including the Active Travel Programme.