Agenda item

To consider the decision made by the Executive Member for Transport on 19 April 2022 in relation to the above item, which has been called in by Councillors Warters, Doughty and Rowley 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 Customer & Corporate Services Scrutiny Management Committee (Calling-In) in relation to the call-in, together with the original report and annexes, and the decision of the Executive Member.

Members considered a report which set out the reasons for the call-in of the decision made by the Executive Member for Transport on 19 April 2022 in respect of Called-in Item: ePetition: CYC solve the University related parking, don’t just MOVE it, along with the Committee’s remit and powers in relation to the call-in.

The decisions were contained in the extract from the relevant Decision Sheet at Annex A to the report.  The original report to the Executive Member Decision Session was attached as Annex B.  The decision had been called in by Cllrs Warters, Doughty and Rowley for the following reasons:

a)   “The petition requested a solution to the University-related parking problem that the Executive Member and associated Officers have by virtue of their earlier actions and decisions simply moved from one community to another.

b)   The ‘decision’ on the 19 April was in reality to ignore the requests of the petition and to do nothing.

c)   We find this unacceptable and request the call in of this decision.”

Under the provisions of the council’s constitution and the requirements of Local Government Act 2000, the following options were available:

·        A – Not to refer the matter to Executive, in which case the original decision would be confirmed, or

·        B - Refer the matter to Executive with specific recommendations.

At the invitation of the Chair, two of the Calling-In Members addressed the committee, explaining in more detail the reasons for the calling-in, and then they responded to questions put by Members.  The Executive Member for Transport then addressed the committee to explain his reasons behind his decision and to respond to Members’ questions. Officers responsible for the report at Annex B were then invited to address any issues raised by the Calling-In Members and they also answered questions from Members of the Committee.

The Executive Member and Officers responded in detail to questions put to them relating to:

·        Civil enforcement responsibilities relating to badly parked vehicles;

·        Double yellow lines on Tranby Avenue and traffic restrictions in the area;

·        Residents parking schemes in Badger Hill and elsewhere;

·        The Travel Plan for the University of York and potential arrangements under the Bus Services Improvement Plan designating park and ride sites into multi modal travel points with overnight parking;

·        The responsibilities of the Transport Department in general, including the Schools Travel Team, to work with others to secure the fullest possible engagement with alternative modes of transport in the area concerned.

At this point, the Chair noted that a ‘concessions offer’ had been made by the Executive Member to work with Ward Members and Officers around his original decision regarding appropriate traffic restrictions in the area.  The Chair then received procedural advice from the Head of Democratic Services and the Director of Governance and  in light of the concession made by the Executive Member, and confirmation of what was achievable by Officers, he suggested that the call in need not proceed any further on the basis of the following specific concessions:

·        The engagement with Archbishop Holgate School and the University of York would not be limited to just the council’s Schools Travel Team.

·        The review of the Travel Plan would follow high-level negotiations between the council and the University of York and include consultation with the Students Union and Ward Councillors before consideration at a future Decision Session of the Executive Member for Transport.

·        There would be continued enforcement of parking in the area, where possible.

·        A Commissioned Scrutiny meeting would take place within the next 6 months to examine either the Section 106 agreements or the Travel Plan, with the University, before consideration by the Executive.

The Chair invited a vote in favour of the above ‘concessions offer’ and it was:

Resolved:  That the call in be not proceeded with further and the ‘concessions offer’ made by the Executive Member and set out above be unanimously agreed

Reason:  In view of the concessions offered by the Executive Member there were no grounds to proceed further with the call in.