Agenda item

To consider the decisions made by Cabinet on 4 December 2012 in relation to the above item, which has been called in by Cllrs Brooks, Watt and Warters in accordance with the Council’s Constitution. A cover report is attached setting out the reasons for the call-in and the remit and powers of the Corporate and Scrutiny Management Committee (Calling-In) in relation to the call-in, together with the original report and the decisions of the Cabinet.

Members considered a report which asked them to look at the decisions made by Cabinet on 4 December 2012 in relation to proposals for a proposed policy framework relating to tethered horses. The report to the meeting outlined proposals for the development of a joint protocol setting out how these issues could be managed by the Council and partner organisations within the legal framework and resources available.

Details of the Cabinets decision were attached as Annex A to the report, with the original report to Cabinet attached as Annex B. The decision had been called in by Cllrs Brooks, Watt and Warters on the following grounds:

1.     The option approved by cabinet fails to initiate an EFFECTIVE course of action with the URGENCY needed to deal with the current real danger to motorists, cyclists and pedestrians posed by horses illegally tethered on verges i.e. the public highway.

2.     The key risks associated with the cabinet report are stated as financial and reputation. There needs to be a greater consideration of the risk of public safety.

3.     The report fails to inform whether or not the consideration of CYC purchasing land specifically for grazing horses will be a facility that can be accessed by all York residents who have or may wish to own horses. Given the equalities implications this analysis needs to be addressed.

4.     The report fails to consider the potential animal health issues associated with tethered horses of uncertain vaccination history tethered adjacent to landowners stock.

Members were asked to decide whether to confirm the decision (Option a) or to refer it back to Cabinet for re-consideration (Option b) as set out in the report.

Councillor Brooks addressed the meeting on behalf of the Calling-In members referring to the urgent need for an effective course of action to deal with the dangers arising from horses being tethered adjacent to public highways for motorists, vehicles, pedestrians and the animals. She referred to four recent accidents which had involved vehicles being written off and horses killed. It was pointed out that no risk assessment of the issues had been undertaken and the authority was they felt failing in its duty to keep the highway safe. Reference was made to existing local authority owned land which could be used for grazing which would remove the danger of tethered animals from the roadside.

Members confirmed that the worst affected areas appeared to be on the A166 in the vicinity of Holtby, Sutton on Forest and adjacent to the A1079.

The Cabinet Member confirmed his sympathies with the points raised. However, although the proposals had financial implications for the authority, he confirmed the need to respond to the concerns raised, whilst ensuring a balanced approach to enforcement. He went on to explain the three phased approach proposed to deal with the problem; the identification of available land, working with the travelling community to ensure the welfare of and the reduction in horse numbers with the final option being enforcement. He confirmed his commitment to taking enforcement action but only as part of a package of measures.

Members went on to discuss the points raised in more detail, including that of public safety, the legal powers, the micro chipping of horses, the availability of Council owned land for grazing and the recovery of costs.

In response, Officers went on to address a number of the issues raised giving an overview of work carried out to date and the likely costs to the authority. Reference was made to issues encountered by other authorities in the area and of the need for a balanced view, working in partnership and with the community. It was confirmed that the authority was not ignoring its duties but time was required to ensure that any system put in place was workable and had the confidence of the public.

Following further lengthy discussion it was  

RESOLVED:             That Option (a) identified in the report be approved and that the decision of Cabinet be confirmed. ^1.

REASON:                  In accordance with the requirements of the Council’s constitution.

[Councillor Warters requested that his vote against this motion be recorded]