Agenda and minutes

Cabinet - Tuesday, 7th September, 2021 9.30 am

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

Contact: Democratic Services Officer  01609 767015

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Media

Items
No. Item

CA.19

2021/22 Q1 Capital Monitoring and Treasury Management Report pdf icon PDF 88 KB

This report provides the Quarter 1 update at 30 June 2021 on the progress of the capital programme 2021/22 and the treasury management position.  A full schedule of the capital programme 2021/22 is attached at Annex A of the report, together with the relevant update on progress of each scheme.

 

In accepting the recommendations, Cabinet will approve and recommend to Council the net increase of £1,338,680 in the capital programme to £34,496,938 and all expenditure movements as detailed in Annex A of the report; bringing forward £125,000 for Thirsk & Sowerby leisure centre programme detailed in paragraph 2.3 (ii) of the report; allocate £500,000 to the crematorium project as detailed in paragraph 2.3 (iii) of the report; allocate £64,250 to match additional disabled facilities grant funding; and approve the lighting schemes in paragraph 2.3 (v) of the report and the funding of £26,400.

Additional documents:

Minutes:

The subject of the decision:

 

This report provided the Quarter 1 update at 30 June 2021 on the progress of the Capital Programme 2021/22 and the Treasury Management position.  A full schedule of the Capital Programme 2021/22 schemes was attached at Annex A of the report, together with the relevant update on progress of each scheme.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the requirements of the Local Government Act 2003 and the Chartered Institute of Public Finance and Accountancy (CIPFA) Prudential Code and the CIPFA Treasury Management Code of Practice.

 

The decision:

 

That Cabinet approves and recommends to Council that:-

 

(1)    the net increase of £1,338,680 in the capital programme to £34,497,148 and all expenditure movements as detailed in Annex A of the report;

 

(2)    bringing forward £125,000 for Thirsk & Sowerby leisure centre programme detailed in paragraph 2.3 (ii) of the report;

 

(3)    allocate £500,000 to the crematorium project as detailed in paragraph 2.3 (iii) of the report;

 

(4)    increase the disabled facilities grant budget by £64,250 as detailed in paragraph 2.3 (iv); and

 

(5)    approve the lighting schemes in paragraph 2.3 (v) of the report and the funding of £26,400.

CA.20

2021/22 Q1 Revenue Monitoring Report pdf icon PDF 144 KB

This report provides an update on the revenue budget position of the Council and the reserve funds at the end of June 2021.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the budget remains at £10,351,080 as detailed in paragraph 3.2 of the report for 2021/22.

Minutes:

The subject of the decision:

 

This report provided an update on the revenue budget position of the Council and the reserve funds at the end of June 2021.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with S25 of the Local Government Act 2003 regarding setting a balanced budget and monitoring the financial position throughout the year.

 

The decision:

 

That Cabinet approves and recommends to Council thatthe budget remains at £10,351,080 as detailed in paragraph 3.2 of the report for 2021/22.

CA.21

Community Grants pdf icon PDF 88 KB

This report sets out the current position regarding the Council’s Community Grants programme and seeks approval of the future financing for this from April 2022 to March 2023.

 

In accepting the recommendations, Cabinet will approve and recommend to Council the continuation for a further year of the revenue funding to the existing Partnership Fund recipients (Galtres Centre, Citizens Advice North and Mid Yorkshire and North Yorkshire Sport); an allocation of £48,700 within the financial strategy to fund the Hambleton Helps grants for a further year; that the Making a Difference fund is launched and implemented as stated in paragraph 1.6 of the report; and that a one-off Community Fund is established as identified within paragraph 2.1 of the report.

Minutes:

The subject of the decision:

 

This report set out the current position regarding the Council’s Community Grants programme and sought approval of the future financing for this from April 2022 to March 2023.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied that there was anticipated demand for additional funding due to the ongoing impact of Covid-19 and the need for co-ordinated recovery.

 

The decision:

 

That Cabinet approves and recommends to Council:-

 

(1)      the continuation for a further year of the revenue funding to the existing Partnership Fund recipients (Galtres Centre, Citizens Advice North and Mid Yorkshire and North Yorkshire Sport);

 

(2)      an allocation of £48,700 within the financial strategy to fund the Hambleton Helps grants for a further year;

 

(3)      that the Making a Difference fund is launched and implemented as stated in paragraph 1.6 of the report; and

 

(4)      that a one-off Community Fund is established as identified within paragraph 2.1 of the report.

CA.22

Asset Transfers – Northallerton pdf icon PDF 84 KB

This report seeks approval to asset transfer land at Knotto Bottom Way and land on Bankhead Road including the recreational area as requested by Northallerton Town Council.

 

In accepting the recommendation, Cabinet will approve and recommend to Council the intention to dispose of the assets is advertised as described in 5.3 of the report, and subject to satisfactorily resolving any issues arising from the advertisement, that the responsibility for transferring the assets identified within the report to Northallerton Town Council is delegated to the Director of Leisure & Communities.

Minutes:

The subject of the decision:

 

This report sought approval to asset transfer land at Knotto Bottom Way and land on Bankhead Road including the recreational area as requested by Northallerton Town Council.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied that the transfer of land at Knotto Bottom Way and land on Bankhead Road including the recreational area as requested by Northallerton Town Council would be beneficial to the community and would give the Town Council responsibility for the day-to-day management of the assets alleviating any requirement for Council intervention.

 

The decision:

 

In accepting the recommendation, Cabinet will approve and recommend to Council the intention to dispose of the assets is advertised as described in 5.3 of the report, and subject to satisfactorily resolving any issues arising from the advertisement, that the responsibility for transferring the assets identified within the report to Northallerton Town Council is delegated to the Director of Leisure & Communities.

CA.23

Hambleton Local Plan: Publication Draft pdf icon PDF 97 KB

This report seeks approval of the Hambleton Local Plan: Main Modifications, attached at Annex 1 of the report for formal publication and consultation, and associated publication of proposed Additional Modifications and schedule of modifications to the Local Plan Policies Map for the information of respondents.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the Hambleton Local Plan: Main Modifications as attached at Annex 1 of the report and the updated Sustainability Appraisal are published for the purpose of representations to be made commencing on or around the 27th September 2021; the Hambleton Local Plan: Additional Modifications and schedule of proposed amendments to the Policies Map be published alongside the Main Modifications for information and clarity; and that all responses received are reviewed by Officers and forwarded to the Planning Inspectorate on behalf of the Secretary of State for consideration.

Additional documents:

Minutes:

The subject of the decision:

 

This report sought approval of the Hambleton Local Plan: Main Modifications, attached at Annex 1 of the report for formal publication and consultation, and associated publication of proposed Additional Modifications and schedule of modifications to the Local Plan Policies Map for the information of respondents.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the legal requirements as set out in sections 17, 18, 19, 20, 22 and 35 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

 

The decision:


That Cabinet approves and recommends to Council that:-

 

(1)      the Hambleton Local Plan: Main Modifications as attached at Annex 1 of the report and the updated Sustainability Appraisal are published for the purpose of representations to be made commencing on or around the 27th September 2021;

 

(2)      the Hambleton Local Plan: Additional Modifications and schedule of proposed amendments to the Policies Map be published alongside the Main Modifications for information and clarity; and

 

(3)      that all responses received are reviewed by Officers and forwarded to the Planning Inspectorate on behalf of the Secretary of State for consideration.

CA.24

Ingleby Arncliffe Neighbourhood Plan referendum pdf icon PDF 71 KB

This report seeks approval for the Ingleby Arncliffe Neighbourhood Plan to proceed to referendum stage to determine if the Neighbourhood Plan should be used for the purposes of planning decisions in the neighbourhood area.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the Ingleby Arncliffe Neighbourhood Plan meets the ‘basic conditions’ and all other legal requirements as summarised in the Independent Examiner’s Report, subject to the modifications proposed; the required modifications be agreed to the Ingleby Arncliffe Neighbourhood Plan and that Ingleby Arncliffe Neighbourhood Plan Referendum Version proceed to referendum; and the referendum area be that as defined as the Designated Area to which the Neighbourhood Plan relates, i.e. the Ingleby Arncliffe Parish Boundary.

Additional documents:

Minutes:

The subject of the decision:

 

This report sought approval for the Ingleby Arncliffe Neighbourhood Plan to proceed to referendum stage to determine if the Neighbourhood Plan should be used for the purposes of planning decisions in the neighbourhood area.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the requirements for the Council to consider the Examiner’s report (and the reasons for them) and decide which action to take in response. The Council may be subject to legal challenge if it fails to adhere to the prescribed process and criteria for determining and adopting a neighbourhood plan.

 

The decision:

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the Ingleby Arncliffe Neighbourhood Plan meets the ‘basic conditions’ and all other legal requirements as summarised in the Independent Examiner’s Report, subject to the modifications proposed; the required modifications be agreed to the Ingleby Arncliffe Neighbourhood Plan and that Ingleby Arncliffe Neighbourhood Plan Referendum Version proceed to referendum; and the referendum area be that as defined as the Designated Area to which the Neighbourhood Plan relates, i.e. the Ingleby Arncliffe Parish Boundary.

CA.25

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 pdf icon PDF 90 KB

This report introduces the requirements of the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (the Regulations) and determine the Authority’s approach to the enforcement of these Regulations.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the Environmental Health service enforces the requirements of the Regulations to ensure that the Council fulfils its statutory duty; the implementation of the draft Fit and Proper Person Fees Policy 2021; and that the Environment and Leisure Enforcement Policy be updated, and approval delegated to the Director of Environment.

Additional documents:

Minutes:

The subject of the decision:

 

This report introduced the requirements of the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (the Regulations) and sought determination of the Authority’s approach to the enforcement of these Regulations.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the Regulations made under the Caravan Sites and Control of Development Act 1960 following the power in the Mobile Homes Act 2013 to create a requirement for relevant protected sites to be owned or managed by a fit and proper person.

 

The decision:

 

That Cabinet approves and recommends to Council that:-

 

(1)    the Environmental Health service enforces the requirements of the Regulations to ensure that the Council fulfils its statutory duty;

 

(2)    the implementation of the draft Fit and Proper Person Fees Policy 2021; and

 

(3)    that the Environment and Leisure Enforcement Policy be updated, and approval delegated to the Director of Environment.

CA.26

Minutes

To confirm the decisions of the meeting held on 10 August 2021 (CA.16 - CA.18), previously circulated.

Minutes:

The Decision:

 

That the decisions of the meeting held on 10 August 2021 (CA.16 – CA.18), previously circulated, be signed as a correct record.

CA.27

Community Infrastructure Levy Expenditure Priorities 2021-23 pdf icon PDF 78 KB

This report seeks consideration of the priorities for the Community Infrastructure Levy expenditure during 2021-23.

 

In accepting the recommendations, Cabinet will approve the in-principle allocation of CIL funds to commit to funding for additional schemes as identified in paragraph 2.1 of the report; and the funding be released equally to the priority schemes and percentage sums as detailed within paragraph 2.1 of the report.

Minutes:

The subject of the decision:

 

This report seeks consideration of the priorities for the Community Infrastructure Levy expenditure during 2021-23.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

The Council is required to follow the Community Infrastructure Levy Regulations as amended to ensure that the proper legal procedures continue to be adhered to.  The arrangements for the management of CIL monies may require legal mechanisms between the Council and any delivery partners.

 

The decision:

 

That Cabinet approves the allocation of the Community Infrastructure Levy funds received between April 2022 and March 2023 to:-

 

(1)      the schemes identified in paragraph 2.2 of the report; and

 

(2)      the funding be released to the priority schemes in accordance with the sums detailed within paragraph 2.2 of the report.

CA.28

Northallerton Business Improvement District pdf icon PDF 85 KB

Northallerton Business Improvement District (the BID) is approaching the end of its first five year term which comes to an end on 31 March 2022.  Accordingly, the BID has notified the Secretary of State of its intention to hold a ballot to secure a further five year term. This report seeks approval of the BID proposal and authority for the Chief Executive to vote Yes in the forthcoming ballot.

 

In accepting the recommendations, Cabinet will approves the BID proposal; and authorise the Chief Executive to vote “Yes” in the BID ballot.

Additional documents:

Minutes:

The subject of the decision:

 

Northallerton Business Improvement District (the BID) was approaching the end of its first five year term which would come to an end on 31 March 2022.  Accordingly, the BID had notified the Secretary of State of its intention to hold a ballot to secure a further five year term.  This report sought approval of the BID proposal and authority for the Chief Executive to vote Yes in the forthcoming ballot.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

The District Council was legally required to carry out the BID ballot on behalf of the BID consortium.

 

The decision:

 

That Cabinet:-

 

(1)      approves the BID proposal; and

 

(2)      authorises the Chief Executive to vote “Yes” in the BID ballot.

CA.29

Annual Report on the Audit, Governance and Standards Committee's Activities for 2020/21 pdf icon PDF 142 KB

The purpose of this report is to present a report which analyses the work undertaken by theAudit, Governanceand StandardsCommittee upto 31 March2021. Ananalysis ofthe workundertaken is attached at Annex A.

 

In accepting the recommendation, Cabinet will endorse the report of the Audit, Governance and StandardsCommittee.

Minutes:

The subject of the decision:

 

This report provided an analysis of the work undertaken by the Audit, Governance and Standards Committee up to 31 March 2021.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the Council’s Constitution and the Terms of Reference of the Audit, Governance and Standards Committee to report annually to Cabinet.

 

The decision:

 

That the report of the Audit, Governance and Standards Committee be endorsed.

CA.30

Brafferton and Helperby Neighbourhood Plan Designation Area pdf icon PDF 80 KB

The Localism Act2011provided anew statutoryregime forNeighbourhood Planning.  Regulations cameinto forceon 6April 2012making legalprovisions inrelation tothat regime anda firststep inthe processis thedesignationof aNeighbourhood Area.  This report seeks consideration of the designation of a Neighbourhood Area for Brafferton and Helperby.

 

In accepting the recommendation, Cabinet will agree the designation of a Neighbourhood Area for Brafferton and Helperby and publish the necessary information.

Additional documents:

Minutes:

The subject of the decision:

 

TheLocalism Act2011provided anew statutoryregime forNeighbourhood Planning.  Regulations cameinto forceon 6April 2012making legalprovisions inrelation tothat regime anda firststep inthe processis thedesignationof aNeighbourhood Area.  This report sought consideration of the designation of a Neighbourhood Area for Brafferton and Helperby.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the legal requirements under Part 2 of The Neighbourhood Planning (General) Regulations 2012.

 

The decision:

 

That Cabinet agrees the designation of a Neighbourhood Area for Brafferton and Helperby and publishes the necessary information.