Agenda and draft minutes

Cabinet - Tuesday, 7th June, 2022 9.30 am

Venue: Council Chamber, Civic Centre, Stone Cross, Rotary Way, Northallerton, DL6 2UU

Contact: Democratic Services Officer  01609 767015

Note: Members of the press and public are able to observe the meeting virtually via Teams. Please click on the link below or dial 020 3855 5195 followed by the Conference ID: 433 164 082# For further information please contact Democratic Services on telephone 01609 767015 or email committeeservices@hambleton.gov.uk 

Media

Items
No. Item

CA.1

Review Local Plan pdf icon PDF 80 KB

This report seeks consideration of the scope and approach for an urgent review of the Hambleton Local Plan to meet the requirements of policy HG6 Gypsies and Travellers, and Travelling Showpeople.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that a process of seeking tenders to undertake the work is commenced as set out in the conclusion detailed within the report; and allocate £30,000 additional budget to cover expected cost of the recommended option 3 for completion of the urgent review.

Minutes:

The subject of the decision:

 

This report sought consideration of the scope and approach for an urgent review of the Hambleton Local Plan to meet the requirements of policy HG6 Gypsies and Travellers, and Travelling Showpeople.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

The Hambleton Local Plan adopted on 22 February 2022 committed the Council, at Policy HG6, to undertake an urgent review within 6 months of adoption.

 

The decision:

 

That Cabinet approves and recommends to Council that:-

 

(1)     a process of seeking tenders to undertake the work is commenced as set out in the conclusion detailed within the report; and

 

(2)     £30,000 additional budget is allocated to cover expected cost of the recommended option 3 for completion of the urgent review.

CA.2

Housing Supplementary Planning Document Adoption pdf icon PDF 87 KB

This report seeks Cabinet approval and recommendation to Council that the revised Draft Housing Supplementary Planning Document (SPD) is adopted.  Annex ‘A’ of this Cabinet Report contains the revised version of this Supplementary Planning Document.

 

In accepting the recommendation, Cabinet will approve and recommend that Council adopts the revised Housing Supplementary Planning Document and in so doing revokes the previously adopted Affordable Housing Supplementary Planning Document (March 2015) and the Size, Type and Tenure of New Homes Supplementary Planning Document (September 2015).

Additional documents:

Minutes:

The subject of the decision:

 

This report sought Cabinet approval and recommendation to Council that the revised Draft Housing Supplementary Planning Document (SPD) is adopted.  Annex ‘A’ of this Cabinet Report contains the revised version of this Supplementary Planning Document.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied that the Supplementary Planning Document would help implement policies and proposals contained within the Plan supporting the wider Council priorities of Driving Economic Vitality, Enhancing Health and Well-Being, Caring for the Environment and Providing a Special Place to live.

 

The decision:

 

That Cabinet approves and recommends that Council:-

 

(1)     adopts the revised Housing Supplementary Planning Document; and

 

(2)     revokes the previously adopted Affordable Housing Supplementary Planning Document (March 2015) and the Size, Type and Tenure of New Homes Supplementary Planning Document (September 2015).

CA.3

Minutes

To confirm the decisions of the meeting held on 5 April 2022 (CA.65 - CA.68), previously circulated.

Minutes:

The Decision:

 

That the decisions of the meeting held on 5 April 2022 (CA.65 – CA.68), previously circulated, be signed as a correct record.

CA.4

Burneston Public Open Space – Change of Use pdf icon PDF 72 KB

This report seeks consideration of approving a request from Burneston, Swainby with Allerthorpe and Theakston Parish Council (the “Parish Council”) to convert 0.22 hectares of public open space land for use as allotments.

 

In accepting the recommendations, Cabinet will approve in principle to the land being appropriated for use as allotments as shown shaded in pink on the plan at Appendix 1 on the basis that the parcel of land is no longer required as public open space; agree that the intention to appropriate part of the public open space land is advertised as described in paragraph 5.4 of this report;

agree that the Council enter into a Deed of Variation of the lease with the Parish Council in accordance with paragraph 5.3 of this report; and delegate authority to the Director of Leisure and Communities to satisfactorily resolve any issues arising from the advertisement(s), to grant consent to the Parish Council to use the land for allotment purposes and to appropriate the land for such use, subject to suitable conditions being agreed by the Parish Council in accordance with paragraphs 5.5 and 5.6 of this report.


Additional documents:

Minutes:

The subject of the decision:

 

This report sought consideration of approving a request from Burneston, Swainby with Allerthorpe and Theakston Parish Council (the “Parish Council”) to convert 0.22 hectares of public open space land for use as allotments.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied that the proposal to convert 0.22 hectares of public open space land for use as allotments supported the Council’s priorities of Enhancing Health and Wellbeing and Providing a Special Place to Live.

 

The decision:

 

That Cabinet:-

 

(1)     approves in principle to the land being appropriated for use as allotments as shown shaded in pink on the plan at Appendix 1 of the report on the basis that the parcel of land is no longer required as public open space;

 

(2)     agrees that the intention to appropriate part of the public open space land is advertised as described in paragraph 5.4 of this report;

 

(3)     agrees that the Council enter into a Deed of Variation of the lease with the Parish Council in accordance with paragraph 5.3 of this report; and

 

(4)     delegates authority to the Director of Leisure and Communities to satisfactorily resolve any issues arising from the advertisement(s), to grant consent to the Parish Council to use the land for allotment purposes and to appropriate the land for such use, subject to suitable conditions being agreed by the Parish Council in accordance with paragraphs 5.5 and 5.6 of this report.

CA.5

Refurbishment of Cobbles and Surrender of Lease - Land at Stokesley pdf icon PDF 130 KB

This report concerns a request by Stokesley Town Council for increased funding from the Council for the refurbishment of the town centre cobbles which is associated with the surrender of the lease between Stokesley Town Council and Hambleton District Council.

 

In accepting the recommendation, Cabinet will recommend that the Council does not agree to the request by Stokesley Town Council for additional funding, over and above that already agreed, for the refurbishment of the Town Centre Cobbles.

Additional documents:

Minutes:

The subject of the decision:

 

This report concerned a request by Stokesley Town Council for increased funding from the Council for the refurbishment of the town centre cobbles which is associated with the surrender of the lease between Stokesley Town Council and Hambleton District Council.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet did not agree with the request for additional funding on the basis that there was no provision in the budget to cover the additional costs.

 

The decision:

 

That Cabinet does not agree to the request by Stokesley Town Council for additional funding, over and above that already agreed, for the refurbishment of the Town Centre Cobbles.

CA.6

Bedale Hall Long Term Lease pdf icon PDF 78 KB

This report seeks approval for the existing long-term lease of Bedale Hall to be surrendered and a new lease granted to Bedale Hall Charitable Incorporated Organisation (CIO).

 

In accepting the recommendations, Cabinet will approves that the Council accepts the surrender of the existing Bedale Hall lease from Bedale Town Council and Aiskew Parish Council; the Council accepts the surrender of part of the lease for the adjoining playing fields from Bedale Town Council; the Council grants a new lease to Bedale Charitable Incorporated Organisation for Bedale Hall and the additional playing fields land for a peppercorn rent, together with the appropriate restrictions set out in paragraph 5.1.4 of this report; the intention to dispose of the playing fields land is advertised as described in paragraph 5.1.1 (b) of the report; and subject to the Director of Leisure and Communities satisfactorily resolving any issues arising from the advertisement(s) and satisfying himself that the disposal is Subsidy Control Compliant, that the responsibilities for transferring the assets identified within the report are delegated to the Director of Leisure & Communities.

Minutes:

The subject of the decision:

 

This report sought approval for the existing long-term lease of Bedale Hall to be surrendered and a new lease granted to Bedale Hall Charitable Incorporated Organisation (CIO).

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied that granting a new lease to give the local community responsibility for the day-to-day management of this asset linked to the Council’s Providing a Special Place to Live priority.

 

The decision:

 

That Cabinet approves that:-

 

(1)     the Council accepts the surrender of the existing Bedale Hall lease from Bedale Town Council and Aiskew Parish Council;

 

(2)     the Council accepts the surrender of part of the lease for the adjoining playing fields from Bedale Town Council;

 

(3)     the Council grants a new lease to Bedale Charitable Incorporated Organisation for Bedale Hall and the additional playing fields land for a peppercorn rent, together with the appropriate restrictions set out in paragraph 5.1.4 of this report;

 

(4)     the intention to dispose of the playing fields land is advertised as described in paragraph 5.1.1 (b) of the report; and

 

(5)     subject to the Director of Leisure and Communities satisfactorily resolving any issues arising from the advertisement(s) and satisfying himself that the disposal is Subsidy Control Compliant, that the responsibilities for transferring the assets identified within the report are delegated to the Director of Leisure & Communities.

CA.7

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 item 9 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A to the Act.  The reasons for this are that the item will be considering information in respect of which a claim for legal professional privilege could be maintained in legal proceedings and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

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 item of business at minute no CA.8 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Act.  The reasons for this were that Cabinet was satisfied that the item considered information in respect of which a claim for legal professional privilege could be maintained in legal proceedings and the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

CA.8

Asylum Reception Centre at Linton-on-Ouse

This report sets out the position with the plans to use RAF Linton-on-Ouse as an Asylum Reception Centre, it describes the actions the Council has taken to this point and seeks authority for further potential actions, taking into account the advice received on the legal options.

Minutes:

The subject of the decision:

 

Cabinet considered a report which set out the current position in relation to the plans to use RAF Linton-on-Ouse as an Asylum Reception Centre, it describes the actions the Council had taken to this point and sought authority for further potential actions taking into account the advice received on the legal options.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied with the action taken to date but noted that the response from the Home Office was awaited and therefore a further report be submitted to Cabinet on the assessment of the responses received from the Home Office and the legal advice associated with this for a decision on the Council’s next steps, including a decision on submitting a legal challenge.

 

The decision:

 

That Cabinet:-

 

(1)       approves the actions which have been taken and which are described in paragraphs 3.1 to 3.6 of the report;

 

(2)       notes the legal advice from the Council’s legal advisers as circulated at the meeting and summarised in paragraph 4.5 of the report;

 

(3)       approves the commissioning of further legal advice to assess and then advise on  the Home Office’s response to the Pre-Action Protocol Letter and the Planning Contravention Notice and on any further actions that might be taken by the Home Office on opening the Asylum Accommodation Centre; and

 

(4)       a further report be submitted to Cabinet on the assessment of the responses received from the Home Office and the legal advice associated with this for a decision on the Council’s next steps, including a decision on submitting a legal challenge.