Agenda and minutes

Cabinet - Tuesday, 17th March, 2015 9.30 am

Venue: Council Chamber, Civic Centre, Stone Cross, Northallerton

Contact: Democratic Services Officer  01609 767015

Items
No. Item

CA.74

Extension to the 2015 Council Plan pdf icon PDF 10 KB

This reports seeks consideration of a recommendation from Scrutiny Committee regarding the current 2011-2015 Council Plan.

 

In accepting the recommendation, Cabinet will approve and recommend to Council that the current 2011-2015 Council Plan remains as the Council’s priorities until the 2015-19 Council Plan is approved by Cabinet in November 2015.

Minutes:

The subject of the decision:

 

This report sought consideration of a recommendation from Scrutiny Committee regarding the current 2011-2015 Council Plan.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the recommendations of Scrutiny Committee.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that the current 2011-2015 Council Plan remains as the Council’s priorities until the 2015-19 Council Plan is approved by Cabinet in November 2015.

CA.75

Business Rates Relief Policy pdf icon PDF 14 KB

This report seeks consideration of various issues relating to the Business Rates Relief Policy and the continuation of the Transitional Business Rate Relief after 31 March 2015.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the Transitional Business Rate Relief continues after 31 March 2015; Cabinet will note the Government’s proposal for business relief for childcare providers and the increase of the retail relief to business from £1,000 to £1,500 funded by Government.

Minutes:

The subject of the decision:

 

This report sought consideration of the continuation of the Transitional Business Rate Relief after 31 March 2015; the Government’s proposal for business relief for childcare providers and the increase of the retail relief to business from £1,000 to £1,500 funded by Government.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of advice received from Government and the new discretionary powers which were introduced by the Localism Act 2011 under Section 47 of the Local Government Act 1988 as amended.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that the Transitional Business Rate Relief Scheme to extend Transitional Relief to small and medium sized properties where the responsibility for the development of the policy be delegated to the Director of Support Services and Deputy Chief Executive.

CA.76

Local Plan Review - Programme and Resources pdf icon PDF 285 KB

In September 2014 Cabinet (CA.25) and Council (C.16) approved the production of a new Local Plan to replace the Local Development Framework.  An up-to-date plan is essential to meeting the development needs of the District and the Council remaining in control of development.  This report presents the proposed programme for the preparation of the plan to be set out in a revised Local Development Scheme (LDS), the resources required to deliver the Local Plan and the estimated timescale to achieve it.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the new Local Plan be prepared to the programme set out in the revised Local Development Scheme (Annex ‘A’); the revenue costs as set out in this report be agreed and supported and a Members’ Local Plan Working Group be established to advise on plan preparation.

Minutes:

The subject of the decision:

 

In September 2014 Cabinet (CA.25) and Council (C.16) approved the production of a new Local Plan to replace the Local Development Framework.  An up-to-date plan was essential to meeting the development needs of the District and the Council remaining in control of development.  This report presented the proposed programme for the preparation of the plan to be set out in a revised Local Development Scheme (LDS), the resources required to deliver the Local Plan and the estimated timescale to achieve it.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of Government advice regarding the preparation of a Local Plan.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that:-

 

(1)        the new Local Plan be prepared to the programme set out in the revised Local Development Scheme (Annex ‘A’ of the repot);

 

(2)        the revenue costs as set out in the report be agreed and supported by a fund created from the Council Tax Payers’ Reserve; and

 

(3)        a Members’ Local Plan Working Group be established to advise on plan preparation.

CA.77

Settlement Hierarchy and Housing Development in the Rural Areas - Draft Interim Policy Guidance Note pdf icon PDF 164 KB

This report seeks approval for an Interim Planning Policy Guidance Note aimed at providing more flexibility towards development, particularly housing development, within smaller settlements in the District.

 

In accepting the recommendation, Cabinet will approve and recommend to Council that the Interim Policy Guidance Note be approved for use in the Development Management.

Minutes:

The subject of the decision:

 

This report sought approval for an Interim Planning Policy Guidance Note aimed at providing more flexibility towards development, particularly housing development, within smaller settlements in the District.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the responses received during the consultation period.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that the Interim Policy Guidance Note be approved for use in the Development Management.

CA.78

Adoption and Implementation of the Community Infrastructure Levy (CIL) Charging Schedule pdf icon PDF 348 KB

This report explains the outcome of the Examiner’s report on the Hambleton CIL Draft Charging Schedule, proposed minor modifications to the final Charging Schedule, associated policies and proposes a formal adoption date of 7 April 2015.

 

In accepting the recommendations, Cabinet will approve and recommend to Council the adoption and implementation of the CIL Charging Schedule and its associated policies, as attached at Annex ‘A’; the adoption and implementation of the CIL Instalment Policy, as attached at Annex ‘C’; the adoption and implementation of the CIL Exceptional Circumstances Policy attached as Annex ‘D’; the adoption and implementation of the CIL Discretionary Charitable Relief Statement attached as Annex ‘E’ and that a further report be brought back to Cabinet on the spending priorities for CIL in 2015/16.

Minutes:

The subject of the decision:

 

This report explained the outcome of the Examiner’s report on the Hambleton CIL Draft Charging Schedule; proposed minor modifications to the final Charging Schedule, associated policies and proposeed a formal adoption date of 7 April 2015.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the outcome of the Examiner’s report and the CIL Regulations 2010 (as amended).

 

THE DECISION:

 

That Cabinet approves and recommends to Council:-

 

(1)        the adoption and implementation of the CIL Charging Schedule and its associated policies, as attached at Annex ‘A’ of the Cabinet report;

 

(2)        the adoption and implementation of the CIL Instalment Policy, as attached at Annex ‘C’ of the Cabinet report;

 

(3)        the adoption and implementation of the CIL Exceptional Circumstances Policy attached as Annex ‘D’ of the Cabinet report;

 

(4)        the adoption and implementation of the CIL Discretionary Charitable Relief Statement attached as Annex ‘E’ of the Cabinet report; and

 

(5)        that a further report be brought back to Cabinet on the spending priorities for CIL in 2015/16.

CA.79

10 Year Waste Strategy pdf icon PDF 796 KB

This report seeks approval of the 10 year Waste Strategy and how dry recyclate materials should be collected from the kerbside.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the draft Waste Management Strategy as set out in Annex’ A’ of the report be adopted; a two stream recycling collection as described in paragraph 2.4 of the report be implemented; the existing blue box be used for separate glass; the procurements of containers, vehicles and dry recyclate contracts for the two stream collection of dry recycling be approved and the costs be met from the existing revenue and internal borrowing against Council funds as set out in Section 7 of the report.

Minutes:

The subject of the decision:

 

This report sought approval of the 10 year Waste Strategy and how dry recyclate materials should be collected from the kerbside.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the EU’s waste recycling targets and to implement a policy to help achieve a sustainable waste management service.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that:-

 

(1)        the draft Waste Management Strategy as set out in Annex’ A’ of the Cabinet report be adopted;

 

(2)        a two stream recycling collection as described in paragraph 2.4 of the Cabinet report be implemented;

 

(3)        the existing blue box be used for separate glass;

 

(4)        the procurements of containers, vehicles and dry recyclate contracts for the two stream collection of dry recycling be approved; and

 

(5)        the costs be met from the existing revenue and internal borrowing against Council funds as set out in Section 7 of the Cabinet report.

CA.80

Affordable Housing Supplementary Planning Document pdf icon PDF 2 MB

This report seeks approval of the revised Draft Affordable Housing Supplementary Planning Document (SPD) attached at Annex ‘A’ of the report.

 

In accepting the recommendation, Cabinet will approve and recommend to Council that the revised Supplementary Planning Document be adopted.

Minutes:

The subject of the decision:

 

This report sought approval of the revised Draft Affordable Housing Supplementary Planning Document (SPD) attached at Annex ‘A’ of the report.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of responses received to the consultation exercise.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that the revised Affordable Housing Supplementary Planning Document be adopted.

CA.81

Sustainable Development Supplementary Planning Document pdf icon PDF 1 MB

This report seeks approval of the revised Sustainable Development Supplementary Planning Document and that the currently adopted Sustainable Development Supplementary Planning Document (22 September 2009) be revoked.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the revised Sustainable Development Supplementary Planning Document be adopted.

Minutes:

The subject of the decision:

 

This report sought approval of the revised Sustainable Development Supplementary Planning Document and that the currently adopted Sustainable Development Supplementary Planning Document (22 September 2009) be revoked.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of responses received to the consultation exercise.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that the revised Sustainable Development Supplementary Planning Document be adopted and that the current adopted Sustainable Development SPD be revoked.

CA.82

Exclusion of the Public and Press

Minutes:

THE DECISION:

 

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of the items of business at minute nos CA.83 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act as the Cabinet was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

CA.83

Local Asset Backed Vehicle

This report provides an update on the current position regarding the establishment of a Local Asset Backed Vehicle to deliver the Council’s Central Northallerton Masterplan.

Minutes:

The subject of the decision:

 

This report provided an update on the current position regarding the establishment of a Local Asset Backed Vehicle to deliver the Council’s Central Northallerton Masterplan.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the Local Government Act 2003 which provided the power for Local Authorities to trade and generate profit through the establishment of Local Authority owned companies.

 

THE DECISION:

 

That Cabinet approves and recommends to Council the establishment of a Local Asset Backed Vehicle to deliver the Central Northallerton Master Plan and that a £50,000 budget be established from the One-Off Fund for this purpose.

CA.84

Minutes

To confirm the decisions of the meeting held on 10 February 2015 (CA.60 - CA.73), previously circulated.

Minutes:

THE DECISION:

 

That the decisions of the meeting held on 10 February 2015 (CA.60 – CA.73), previously circulated, be signed as a correct record.

CA.85

Business Rates Relief Policy

Minutes:

The subject of the decision:

 

This report sought consideration of the continuation of the Transitional Business Rate Relief after 31 March 2015; the Government’s proposal for business relief for childcare providers and the increase of the retail relief to business from £1,000 to £1,500 funded by Government.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of advice received from Government and the new discretionary powers which were introduced by the Localism Act 2011 under Section 47 of the Local Government Act 1988 as amended.

 

THE DECISION:

 

That Cabinet notes:-

 

(1)        the Government’s proposal for business relief for childcare providers; and

 

(2)        the increase of the retail relief to business from £1,000 to £1,500 funded by Government.

CA.86

Size, Type, Tenure and Quality of New Homes Supplementary Planning Document pdf icon PDF 704 KB

This report seeks approval of the Draft Size, Type and Tenure of New Homes Supplementary Planning Document (SPD) for public consultation purposes.  Annex ‘A’ of the Cabinet Report contains the draft version of this SPD.

 

In accepting the recommendation, Cabinet will agree the draft Supplementary Planning Document for public consultation.

Minutes:

The subject of the decision:

 

This report sought approval of the draft Size, Type and Tenure of New Homes Supplementary Planning Document (SPD) for public consultation purposes.  Annex ‘A’ of the Report contained the draft version of this SPD.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To ensure that new housing developments better meet the needs of residents in the light of changing demographics and lifestyles and to ensure that all new homes are delivered to a good standard.

 

THE DECISION:

 

That the draft Size, Type and Tenure of New Homes Supplementary Planning Document be approved for public consultation.

CA.87

Public Open Space, Sport and Recreation Action Plans pdf icon PDF 84 KB

This report seeks endorsement of the Public Open Space, Sport and Recreation Action Plans for Easingwold (refresh) and Romanby (refresh).

 

In accepting the recommendation, the refreshed Public Open Space, Sport and Recreation Actins Plans for Easingwold and Romanby will be endorsed.

Minutes:

The subject of the decision:

 

This report sought endorsement of the Public Open Space, Sport and Recreation Action Plans for Easingwold (refresh) and Romanby (refresh).

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the Council’s legal responsibility to ensure funding is used in a way consistent with the individual S106 Agreements.

 

THE DECISION:

 

That the Public Open Space, Sport and Recreation Action Plans in Annex B of the report be endorsed.

CA.88

Exclusion of the Public and Press

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of items 14 to 16 on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Part 1 of Schedule 12A to the Act.

Minutes:

THE DECISION:

 

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of the items of business at minute nos CA.89 and CA.90 on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Part 1 of Schedule 12A of the Act as the Cabinet was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

CA.89

Land Charges Litigation

This report seeks consideration of the current position regarding the Local Land Charges Group Legal Action.

Minutes:

The subject of the decision:

 

This report sought consideration of the current position regarding the Local Land Charges Group Legal Action.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the current position regarding the Local Land Charges Group Legal Action.

 

THE DECISION:

 

That Cabinet agrees in principle to settle the action on the basis recommend by Bevan Brittan and that the Head of Legal and Information Services be authorised to agree the detailed settlement.

CA.90

Land at the Rear of County Hall, Northallerton

This report seeks consideration of the disposal of land at the rear of County Hall, Northallerton.

Minutes:

The subject of the decision:

 

This report sought consideration of the disposal of land at the rear of County Hall, Northallerton.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied that the proposed disposal of land at the rear of County Hall, Northallerton would benefit the residents of Romanby and Northallerton.

 

THE DECISION:

 

That the transfer of land at the rear of County Hall to North Yorkshire County Council at Nil cost be approved, subject to any legal issues being resolved.