The subject of the decision:

 

The Licensing and Procurement Manager presented a report which sought consideration of some proposed revisions to the Hackney Carriage and Private Hire Licensing Policy in light of recent legislative changes.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 and section 167 of the Equality Act 2010.

 

The decision:

 

That the revised Hackney Carriage and Private Hire Licensing Policy as amended be adopted.

The subject of the decision:

 

This report asked Cabinet to consider the four objections to the proposed Hackney Carriage Table of Fares.

 

Alternative options considered:

 

The options that were considered were as detailed within the report.

 

The reason for the decision:

 

To comply with the requirements of section 65 of the Local Government (Miscellaneous Provisions) Act 1976 and section 9D of the Local Government Act 2000 regarding the setting of Hackney Carriage Fares. 

 

The decision:

 

That Cabinet approves that the Hackney Carriage Table of Fares contained in Annex A to the report be approved to take effect from 1st October 2022.

The subject of the decision:

 

This report advised Cabinet of the proposed devolution deal to allow Members to review the deal; approve the required governance review; and approve the move to public consultation on the deal during Autumn 2022.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Legislation provided that the constituent authorities of the proposed Combined Authority (York City Council and the new North Yorkshire Council) must carry out a governance review of the area and, dependent of the result of the review, prepare and consult with the public on a scheme to implement the proposals to create the Combined Authority.  The Constituent authorities must consent to the creation of the Combined Authority.  Although Hambleton District Council was not a constituent authority of the proposed Combined Authority due to its abolition on 31 March 2023, Members were asked to note and support the steps being taken by City of York Council and North Yorkshire County Council to support its creation.

 

The decision:

 

That Cabinet approves and recommends to Council:-

 

(1)       the proposed Devolution Deal;

 

(2)       the proposed Governance Review for the devolution deal and the establishment of a Combined Mayoral Authority for York and North Yorkshire; and

 

(3)       that a public consultation on the Scheme be undertaken during Autumn 2022.

The subject of the decision:

 

This report sought approval for the changes to the Discretionary Rates Relief policy to reflect the introduction of a Discretionary Rate Relief scheme giving business rate relief for properties that were used for the purpose of a heat network.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To take account of the expectation from Central Government that billing authorities use their discretionary relief powers under Section 47 of the Local Government Finance Act 1988 to award this relief where a business meets the eligibility criteria as determined by Central Government.

 

The decision:

 

That Cabinet approves the adoption of the heat network rate relief for 2022/23 only and to the change to the Non Domestic Discretionary Relief policy to include the new heat network rate relief for 2022/23 as per Government guidance.

The subject of the decision:

This report set out the proposed Discretionary Council Tax Rebate  Discretionary scheme criteria that was being recommended for approval. 

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the Department for Levelling Up, Housing and Communities ‘Support for Energy Bills – The Council Tax Rebate 2022-23: Billing Authority Guidance” which set out how authorities should administer the Council Tax Rebate and associated Discretionary Fund for households as part of a package of support for rising energy costs.

 

The decision:

 

That Cabinet:-

 

(1)       approves the proposed Council Tax Rebate Discretionary Fund 2022-23 scheme as set out in the report; and

 

(2)       delegates authority to the Council’s Section 151 Officer to make amendments to the Council Tax Rebate Discretionary Scheme eligibility criteria to ensure that government  funding is directed to support vulnerable households, if needed.

The subject of the decision:

 

This report provided the Quarter 1 update at 30 June 2022 on the progress of the Capital Programme 2022/23 and the Treasury Management position.  A full schedule of the Capital Programme 2022/23 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 £404,149 in the capital programme to £21,572,865 and all expenditure movements as detailed in Annex B and also in the capital programme attached at Annex A of the report;

 

(2)     the increase of capital expenditure of £556,592 funded as follows: £483,018 is from external grants/contributions and £73,574 from borrowing; and

 

(3)     the funding allocation to the capital programme as detailed in paragraphs 3.1 and 3.2 of the report.

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 2022.

 

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:-

 

(1)       that £200,000 of the Quarter 1 underspend is transferred to the Local Government Reorganisation Reserve as detailed in paragraph 3.2 of the report; and

 

(2)       the department budget movements as detailed within paragraph 3.6 of the report.

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 2022.

 

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.

The Committee considered reports of the Deputy Chief Executive relating to applications for planning permission.  During the meeting, Officers referred to additional information and representations which had been received.

 

Except where an alternative condition was contained in the report or an amendment made by the Committee, the condition as set out in the report and the appropriate time limit conditions were to be attached in accordance with the relevant provisions of Section 91 and 92 of the Town and Country Planning Act 1990.

 

The abbreviated conditions and reasons shown in the report were to be set out in full on the notices of decision.  It was noted that following consideration by the Committee, and without further reference to the Committee, the Deputy Chief Executive had delegated authority to add, delete or amend conditions and reasons for refusal.

 

In considering the report(s) of the Deputy Chief Executive regard had been paid to the policies of the relevant development plan, the National Planning Policy Framework and all other material planning considerations.  Where the Committee deferred consideration or refused planning permission the reasons for that decision are as shown in the report or as set out below. 

 

Where the Committee granted planning permission in accordance with the recommendation in a report this was because the proposal is in accordance with the development plan the National Planning Policy Framework or other material considerations as set out in the report unless otherwise specified below.  Where the Committee granted planning permission contrary to the recommendation in the report the reasons for doing so and the conditions to be attached are set out below.

 

The Decision

 

That the applications be determined in accordance with the recommendation in the report of the Deputy Chief Executive, unless shown otherwise:-

 

(1)    22/00303/FUL - Construction of a residential development comprising 14no dwellings at Land off Calvert Way, Bedale  for Arncliffe Homes Ltd

 

Permission Granted subject to an additional condition to remove permitted development rights for extensions (including roof alterations) to houses within the development and a further condition to require an approved scheme for the boundary treatment to ensure the continued maintenance of the existing hedge along the boundary of 14 and 16 Pinewood Grove.

 

(The applicant’s agent, Alistair Flatman, spoke in support of the application).

 

(2)    21/00730/FUL - Change of use and extension of existing agricultural building and land to mixed agricultural and commercial use at Skate Beck Farm Great Busby for Mrs R Stevenson

 

Defer to obtain further information on potential noise impact, storage arrangements, the flood risk assessment and a sequential assessment of alternative sites in the area.

 

The decision was contrary to the recommendation of the Deputy Chief Executive.

 

(The applicant’s agent, Jonathan Saddington, spoke in support of the application.)

 

(3)    21/01775/OUT - Application for outline planning permission with some matters reserved (considering access) for the construction of two dwellings with domestic garages for both plots (amended drainage details received 01.02.22) at Land to the south of The Acorns, West of Bell Lane, Huby for Mr & Mrs Shorrocks

 

Permission Refused

 

(The applicant’s agent, Jonathan Saddington, spoke in support of the application.)

 

(4)    21/03048/OUT - Outline application with access, layout and scale considered (appearance and landscaping reserved) for 4 dwellings at Helderleigh, Easingwold Road, Huby for Period Pine Doors

 

Defer to consider an alternative layout to mitigate impact of neighbouring stables.

 

The decision was contrary to the recommendation of the Deputy Chief Executive.

 

(The applicant’s agent, Judy Walkland, spoke in support of the application.)

 

Note: The meeting adjourned at 11.45am and reconvened at 1.30pm.

 

(5)    20/02448/FUL - Erection of a detached dwelling, extension to and alteration of existing outbuilding amended plans received at Land adjacent Old Manor House, Scruton for Mr and Mrs Exelby

 

Permission Granted subject to a small amendment to condition 3 to include clarification regarding roof and wall materials and an additional condition limiting height of boundary fence adjacent to Public Right of Way to 1m

 

(The applicant, Fiona Bage, spoke in support of the application.)

 

(6)    22/00321/FUL - Application for the erection of a steel framed building for use as a light industrial workshop, utilising existing access at Field House Equestrian, Field House, Ham Hall Lane, Scruton for R Wright

 

Defer to to consider the noise assessment in the context of other buildings; the access and provision of passing places; clarification of the business case for the development, linkage between the two businesses and how this potentially could be secured, the potential to use existing vacant buildings on the site and if retained as a new building, consideration of moving the building away from neighbours and drainage arrangements.

 

The decision was contrary to the recommendation of the Deputy Chief Executive.

 

(Nikki Cooper, on behalf of the applicant, spoke in support of the application.)

 

(Andrew Wright spoke objecting to the application.)

 

(7)    21/02972/MRC - Variation of conditions attached to Application Reference Number: 14/01130/FUL-Construction of a (Use Class D1) day care, education, training and (Use Class C2) respite facilities for adults with learning and other difficulties at Depot, Skutterskelfe, Yarm for Noble Charitable Trust

 

Permission Granted subject to an amendment to Condition 7 to exclude other F1 uses, other than day care, education and training and additional condition to control external lighting.

 

(Sue Jones, on behalf of the applicant, spoke in support of the application.)

 

(Spencer Tate, spoke on behalf of Parish Council, objecting to the application.)

 

(8)    22/00686/REM - Application for approval of reserved matters (considering appearance, landscaping, layout and scale) following outline approval 18/00952/OUT For Outline planning application with details of access (all other matters reserved) for five detached dwellings with associated infrastructure, a car park and a Primary School sports field. (The car park and playing field referred to in the outline approval have been approved under application 19/00833/FUL) atLand to the North of South Kilvington Church Of England VC Primary School, Stockton Road, South Kilvington for Mr Andrew Swales

 

Permission Granted subject to an amendments to conditions 2 and 6 with regard to tree protection fencing and the requirement to implement and maintain a scheme to achieve a biodiversity net gain.

 

(The applicant, Andrew Swales, spoke in support of the application.)

 

 

(9)    22/00007/TPO2 - Placing of a Tree Preservation Order 2022 No 7 on Pear trees at Land Northwest of Rose Cottage and Woodman Cottage, Thrintoft for a member of the public

 

The Tree Preservation Order is to be confirmed.

The Committee considered reports of the Deputy Chief Executive relating to applications for planning permission.  During the meeting, Officers referred to additional information and representations which had been received.

 

Except where an alternative condition was contained in the report or an amendment made by the Committee, the condition as set out in the report and the appropriate time limit conditions were to be attached in accordance with the relevant provisions of Section 91 and 92 of the Town and Country Planning Act 1990.

 

The abbreviated conditions and reasons shown in the report were to be set out in full on the notices of decision.  It was noted that following consideration by the Committee, and without further reference to the Committee, the Deputy Chief Executive had delegated authority to add, delete or amend conditions and reasons for refusal.

 

In considering the report(s) of the Deputy Chief Executive regard had been paid to the policies of the relevant development plan, the National Planning Policy Framework and all other material planning considerations.  Where the Committee deferred consideration or refused planning permission the reasons for that decision are as shown in the report or as set out below. 

 

Where the Committee granted planning permission in accordance with the recommendation in a report this was because the proposal is in accordance with the development plan the National Planning Policy Framework or other material considerations as set out in the report unless otherwise specified below.  Where the Committee granted planning permission contrary to the recommendation in the report the reasons for doing so and the conditions to be attached are set out below.

 

The Decision

 

That the applications be determined in accordance with the recommendation in the report of the Deputy Chief Executive, unless shown otherwise:-

 

(1)     22/00924/FUL - Proposed Residential Conversion of Existing Church Premises, Construction of Energy Hub Outbuilding, New Site Access, Car Parking, Turning, Site Boundary Works and Amenity Areas at St Andrews Church, Todd Lane, Great Fencote for Mr Ian Shipley

 

          Permission Granted subject to additional conditions set out in the supplementary information update list.

 

          In addition there was an amendment to condition 8 in respect of visibility splays and an amendment to condition 11 as set out in the supplementary information update list.           

         

(The applicant, Mr Ian Shipley, spoke in support of the application.)

 

(Councillor Chris Walker spoke on behalf of Kirkby Fleetham with Fencotes Parish Council objecting to the application.)

 

(Alison Booth on behalf of Kirkby Fleetham with Fencotes History Group spoke objecting to the application.)

 

(2)     21/01362/FUL - Proposals for the installation of a solar photovoltaic array/solar farm with associated infrastructure at OS Field 6800, Fence Dike Lane, Scruton for Lightrock Power ltd

 

Permission Refused.  The Committee had concerns that the proposal would result in the loss of grade 2 best and most versatile agricultural land.  The Committee was not satisfied that this loss could be justified and was therefore not supported by the Council’s policies which encourages the siting of large scale solar farms on previously developed and non-agricultural land.  The Committee felt that there were suitable sites within the district with lower classified land status and had concerns that there would be a negative cumulative impact if this application was approved.

 

The decision was contrary to the recommendation of the Deputy Chief Executive.

 

(Chris Sowerbutts (on behalf of the applicant) and Rory Clarke spoke in support of the application.)

 

(Councillor Syd Nye spoke on behalf of Scruton Parish Council objecting to the application.)

 

(Harry Shepherd and Morris Daley spoke objecting to the application.)

 

          In accordance with paragraph 14.5 of the Council Procedure Rules, Councillor B Griffiths requested a recorded vote on the motion, Members present were recorded as voting as follows:

 

          For the motion of refusal: Councillors P Bardon, M A Barningham, D B Elders, Mrs B S Fortune, B Griffiths, K G Hardisty, A Robinson and M Taylor (8)

 

          Against the motion of refusal: Councillors B Phillips and D A Webster (2)

 

Note: Councillor P A James and Councillor M S Robson left the meeting at 11.51am.      

 

          The meeting was adjourned at 11.51 am and reconvened at 1.30pm.

 

(3)     20/01687/OUT - Outline planning application with access to be considered (all other matters reserved) for residential development (Use Class C3) of up to 145 homes, engineering and site works, car parking, access, landscaping, drainage and other associated infrastructure at Land North of Mowbray Road East Side of Stokesley Road Northallerton for Church Commissioners for England

 

Permission Granted subject to additional conditions relating to foul water drainage and site levels.

 

(The applicant’s agent, Nolan Tucker, spoke in support of the application.)

 

(Councillor Paul Cornfoot spoke on behalf of Northallerton Town Council raising concerns regarding aspects of the development.)

 

(Mr Mathers spoke objecting to the application.)

 

(4)     21/02482/FUL - Construction of 17 dwellings and associated highway works at Land rear of The Manor House, Main Street, Linton On Ouse for Mulberry Homes Yorkshire

 

Defer for further information.  The Committee requested further information to be provided in respect of the matters outlined in paragraph 5.44 of the officer’s report and additional information to be provided on the affordable housing tenure (social rent), the removal of a horse chestnut tree, an assessment of housing need, details on boundary treatment and a density report on the siting of the proposed dwellings.

 

(The applicant’s agent, Jonathan Saddington, spoke in support of the application.)

 

(5)     22/00166/FUL - Demolition of existing structures and construction of 9 dwellings and associated parking and landscaping at Land to the south of Station Road, Thirsk for Frontline Estates Ltd

 

Defer for further consideration of the size and type of the proposed dwellings on Plots 8 and 9 to seek to lower the height of the dwellings and reduce the proximity to the bungalow on Olivette Crescent.

 

(Sue Bolton spoke objecting to the application.)

 

Note: The meeting was sojourned at 3.26pm and reconvened at 3.36pm.

 

(6)     21/02712/FUL - Construction of 3 detached dwellings with garages and access at Part OS Field 1745, Back Lane, Tollerton for Messrs’ N & M Ramsden & Foster

 

Permission Granted

 

(The applicant’s agent, Ken Wood, spoke in support of the application.)

 

(7)     22/01061/REM - Application for approval of reserved matters considering appearance, landscaping, layout and scale (in addition the size, type and mix) following outline approval 21/01762/OUT (allowed on appeal) for Application for Outline Planning Permission with some matters reserved (considering access and landscaping) for a development of 5no dwellings at Part OS Field 0038, Foss Syke Lane, Sandhutton for Mr Wheatley

 

Permission Refused with additional reasons in relation to site levels and drainage.

 

(The applicant’s agent, Jonathan Erkulis, spoke in support of the application).

 

(Councillor Ian Corner spoke on behalf of Sandhutton Parish Council objecting to the application.)

 

(8)     22/00004/TPO2 - Hambleton District Council (Stillington Parish) Tree Preservation Order 2022 No 4. at Weddells Cottage, Main Street, Stillington

 

To be varied and confirmed