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.

The Executive Member confirmed that he had no personal interests not included on the Register of Interests, nor any prejudicial or disclosable pecuniary interests, to declare in the business on the agenda.

To approve and sign the minutes of the Decision Sessions held on 17 September 2018 and 1 October 2018.

Resolved:  That the minutes of the Decision Sessions held on 17 September 2018 and 1 October 2018 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. The deadline for registering is 5.00pm on Friday, 19 October 2018.  Members of the public can speak on agenda items or matters within the Executive Member’s remit.

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. The broadcast can be viewed at http://www.york.gov.uk/webcasts or, if recorded, this will be uploaded onto the Council’s website following the meeting.

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. The broadcast can be viewed at http://www.york.gov.uk/webcasts or, if recorded, this 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 in advance of the meeting. Contact details are at the foot of this agenda.

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

https://www.york.gov.uk/downloads/file/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809

It was reported that two ward members had registered their wish to speak at the meeting in relation to Agenda Item 4 (Minute 25 refers).

Cllr Lars Kramm, member for Micklegate ward, supported the responses recommended in the report but suggested some amendments to stress that permitted rights were not intended for this type of development and to add further conditions and restrictions to the response to question 4.  He circulated a written copy of his suggestions at the meeting.

Cllr Danny Myers, member for Clifton ward, welcomed the report and the recommended responses, which he noted were similar to those submitted separately by the Labour Group.  He agreed with Cllr Kramm regarding permitted rights, stating that including fracking in the NSIP would be against government policy to decentralise decision making.

Both speakers felt the matter should have been subject to a wider debate.  In response, the Executive Member agreed, but noted that the responses could in fact have been approved at chief officer level.  They had instead been brought to the Decision Session to enable Members and members of the public to express their views.

This report informs the Executive Member of the government consultations on permitted development rights for shale gas exploration and inclusion of shale gas production projects in the NSIP regime, and seeks approval of a proposed response for submission to the Ministry of Housing, Communities and Local Government and Department for Business, Energy and Industrial Strategy by the deadline of 25 October.

Resolved:  (i)      That the government consultations on:

a)   permitted development rights for shale gas exploration and

b)   inclusion of shale gas production projects in the NSIP regime

be noted.

(iii)     That, subject to the addition of ‘density of well pads’ to the list of matters requiring prior approval in paragraph 44, the views set out in the ‘Suggested Authority Response’ sections of the report be endorsed and approved for submission the Ministry of Housing, Communities and Local Government and the Department for Business, Energy and Industrial Strategy, as relevant.

Reason:     To allow officers to respond to the government consultations prior to the deadline of 25 October 2018.

The Executive Member considered a report which provided information on the above consultations relating to shale gas and sought approval for a suggested response from the council.

The consultations had been published on 19 July 2018 by the Ministry of Housing, Communities and Local Government and the Department for Business, Energy and Industrial Strategy respectively.  Essentially, they sought views on whether shale gas exploration should be treated as permitted development and on the criteria required to include shale gas production projects in the NSIP regime, reflecting the government’s Written Ministerial Statement on Energy Policy published on 17 May 2018.  The consultations were running in parallel with finalisation of the Minerals and Waste Joint Plan (MWJP) for North Yorkshire, York and the National Park, as detailed in paragraph 7 of the report.  Officers at the meeting provided an update on the current progress of the MWJP.

Suggested responses to the seven questions in the Permitted Rights consultation and the six questions in the NSIP consultation were set out in paragraphs 20-53 and 54-61 of the report respectively.  These reflected officers’ views that there was insufficient public interest justification for introducing the proposed new permitted development right, or for bringing shale gas projects within the scope of the NSIP regime.  The responses also sought protection for the historic character and setting of York, and a requirement for prior approval of a number of matters (listed in paragraph 44), should the government introduce the new right.

Resolved:  (i)      That the government consultations on:

a)   permitted development rights for shale gas exploration and

b)   inclusion of shall gas production projects in the NSIP regime

be noted.

(iii)     That, subject to the addition of ‘density of well pads’ to the list of matters requiring prior approval in paragraph 44, the views set out in the ‘Suggested Authority Response’ sections of the report be endorsed and approved for submission the Ministry of Housing, Communities and Local Government and the Department for Business, Energy and Industrial Strategy, as relevant.

Reason:     To allow officers to respond to the government consultations prior to the deadline of 25 October 2018.