Agenda and draft minutes

Council - Wednesday, 21st September, 2022 5.30 pm

Venue: Council Chamber - Civic Centre, St Luke's Avenue, Harrogate HG1 2AE. This meeting will be livestreamed here: https://bit.ly/HarrogateYouTube (Copy and paste the link in your browser).. View directions

Contact: Elizabeth Jackson, Democratic Services Manager  Tel: 01423 500600 Email:  democraticservices@harrogate.gov.uk

Items
No. Item

25.

Apologies for Absence:

Minutes:

25/22 - APOLOGIES FOR ABSENCE:  Apologies for absence had been received from Councillors Mike Chambers, Jim Clark, Hannah Gostlow, Sid Hawke, Stuart Martin, Ann Myatt, and Alex Raubitschek.

 

26.

Urgent Business:

To receive notice of any urgent business the Chairman considers should be dealt with at the meeting as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972.

Minutes:

26/22 – URGENT BUSINESS: There was no urgent business.

 

27.

Declarations of Interest:

Members to advise of any declarations of interest.

Minutes:

27/22 - DECLARATIONS OF INTEREST: Councillor Michael Harrison declared an interest in Minute 38/22 on the basis that he was a Member of the Executive at North Yorkshire County Council, the decision making body in relation to the Community Governance Review.  Councillor Harrison took part in the debate and vote on the item on the basis that doing so would not preclude subsequent decision making with an open mind. 

 

Councillor Margaret Atkinson declared an interest in Minute 40/22 on the basis that her husband was a churchwarden at Kirkby Malzeard Parish Council.  She remained in the meeting room and took part in the vote on the item.

 

28.

Exempt Information:

To determine whether the exclude the press and public during the consideration of any exempt information items.

Minutes:

28/22 – EXEMPT INFORMATION:  There was no exempt information.

 

29.

Minutes: pdf icon PDF 261 KB

of the meeting of 6 July 2022

Minutes:

29/22 – MINUTES:

 

Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That the Minutes of the meeting of Council held on 6 July 2022 be approved as a correct record.

 

30.

Communications:

To receive such communications as the Chairman may desire to lay before the Council.

Minutes:

30/22 – COMMUNICATIONS:

 

01.         Her Late Majesty Queen Elizabeth II:  The Mayor referred to the sad news of the death of Her Late Majesty Queen Elizabeth II.

 

 

Her Late Majesty Queen Elizabeth II was this country’s longest reigning monarch and throughout her 70 years on the throne demonstrated her ongoing dedication and love for the people of this country and the Commonwealth.

 

Her Late Majesty The Queen had been a constant source of courage and inspiration and her sense of duty never wavered.  Even during difficult times her concern and wise words have been a source of comfort for many.

 

The Mayor advised that she had written to King Charles III on behalf of the people of the Harrogate district to offer our deepest condolences to the Royal family at this sad time.  Our thoughts and prayers were with them all.

 

The Council then observed a minute’s silence in honour of Her Late Majesty Queen Elizabeth II.

 

02.         Remembrance Sunday: The Mayor informed Councillors that the Council would be participating in the Remembrance Sunday commemorations, which this year would take place on Sunday 13 November.  Details would be circulated by the Mayor’s Secretary shortly. 

 

03.         Christmas Carol Concert:  The Mayor advised that the annual Mayor’s Christmas Carol Concert at the Royal Hall, Harrogate would take place on the 23 December 2022.  The Mayor’s Secretary will be contacting Members nearer the time regarding ticket requirements.

 

31.

Public Arrangements - Petitions:

To receive any petitions under Standing Order 26.

Minutes:

31/22 – PUBLIC ARRANGEMENTS – PETITIONS:  No petitions had been received.

 

32.

Public Arrangements - Questions:

To consider any questions under Standing Order 27.

Minutes:

32/22 – PUBLIC ARRANGEMENTS – QUESTIONS:  The Mayor advised that she had received notification of one public question under Standing Order 27 and she invited the questioner, John Hansard, to ask his question.

 

1.    Question to the Cabinet Member for Planning from John Hansard

 

Firstly, are the council prepared to remove the dangerous open topped construction wagons that have polluted our street, Kingsley Road, for years, causing potentially serious illness and which it now appears, we could be subject to for many years to come?

 

Secondly if the answer is no, and you are simply going to leave us to suffer the consequences of this potentially toxic dust, then exactly how much danger do the residents have to be in, before physical health, stress and mental wellbeing are put before the developers' profits?

 

We reluctantly understand that the road has to be used for access to the construction sites, but this must not be at a risk to the health of the residents.

 

We now request that only enclosed airtight containers are used to remove any waste from and materials to the construction sites. You, as a Borough Council, have a mandate to do this, under Section 122 of the Road Traffic Act and you have an obligation to protect the residents from harm, which so far has fallen very far short of acceptable levels.

 

We are simply requesting that we are no longer poisoned by harmful and dangerous construction waste, in the form of PM2.5, PM10 and other microscopic particles which currently coat our road, our properties, our vehicles, our pets and which are now constantly present in the air we breathe.

 

We would like to request that open topped construction wagons are banned from streets within the Kingsley Ward area. These wagons have continuously polluted Kingsley Road over a 3 year period causing potential long term serious illness for the residents.

 

Response:

 

Thank you for the question.  It is a highly unusual practice to require sealed containers to transport items to and from development sites, and therefore none of the permissions granted require the use of sealed containers. This cannot be retrospectively imposed as a planning condition and neither residents nor members of the planning committee asked for these to be conditions at the time of the application.

 

Further, the LHA have informed the borough council they would not be able to mandate the use of sealed containers. They believe the use of such can only be required for certain processes such as the removal of radioactive material and asbestos.  Evidence has not been provided that the dust is toxic.

 

Council officers discussed existing dust levels locally with the developer.  The developer reiterated their offer to sweep all roads and pavements in a “back to black” manner. However the planning enforcement officer is aware that local residents groups vociferously oppose such cleaning works.  Because of residents’ opposition this work has not been undertaken.

 

33.

Accountability of the Executive and Committee Chairs:

To receive any written or verbal questions from Members under Standing Order 12.

Minutes:

33/22 – ACCOUNTABILITY OF THE EXECUTIVE AND COMMITTEE CHAIRS:  The Mayor advised that in accordance with Standing Order 12(9) two written questions had been received and which would, in accordance with the Standing Order, be dealt with as the first questions under this item. She would then invite verbal questions of the Executive Members and Committee Chairs from other Members of the Council.

 

  1. Question to the Cabinet Member for Culture, Tourism and Sport from Councillor Chris Aldred

 

Can the Cabinet Member confirm that, as part of the current refurbishment of the Hydro Swimming Pool in Harrogate, the previous Gas Boilers used for heating the facility have been removed and are being replaced with Heat Pumps & Solar Panels, the majority of the cost involved being funded by one off government grants?

 

Is he also able to provide year round costings for the ongoing heating of the facility, now that government subsidies such as the Renewable Heat Incentive (RHI) and Feed In Tariff (FIT) are no longer available, as a comparative costing compared with leaving the existing Gas Boilers in place?

 

Response:

 

Thank you for the question.  I can confirm that the existing Gas Boilers used for heating the facility have been removed and are being replaced with Air Source Heat Pumps to generate heat and Solar Panels to create electricity. There will be no gas connection to the Hydro and the gas meter is being removed. The majority of the cost involved has been funded by a successful application to the government Public Sector Decarbonisation Scheme with an associated Council Contribution.

 

We are also currently considering replacing the existing gas heating at the Little Explorers Nursery next to the Hydro with an Air Source Heat pump.

 

At the time of the PSDS application the indicative saving on the overall energy running costs of the Hydro was minimal in relation to the proposed measures. However, when recalculating running costs at today’s higher energy prices these works now offer an indicative saving of around £175,000 per annum.

 

We expect that as a result of our investment at the Hydro the Energy Performance Rating of the building will improve from a C to an A rating. In conjunction with the PSDS works, the scheme will provide improved Air Handling efficiency and LED lighting throughout which will also improve the Energy Performance of the building.

 

We will also provide 6 new electric vehicle charging points on site to support our Ultra Low Emissions Vehicle Policy.

 

I spent a very rewarding day last month visiting both building sites, the Knaresborough Swimming pool and the Hydro, and I'm pleased to confirm that we are also installing Air Source Heat Pumps and Solar Panels at the new build in Knaresborough.  We are also building that new facility to the highest possible standard of excellence in the BREAM construction process.

 

In response to a supplementary question from Councillor Aldred the Cabinet Member agreed to provide him with the indicative figures in relation to savings.

 

  1. Question to the Cabinet Member  ...  view the full minutes text for item 33.

34.

Memoranda of the Report from the Overview and Scrutiny Commission:

Minutes:

34/22 – MEMORANDA OF REPORT FROM OVERVIEW AND SCRUTINY

  COMMISSION:  There were no such reports.

 

35.

Financial Update:

The Head of Finance to give a brief verbal presentation for the information of Members.

Minutes:

35/22 – FINANCIAL UPDATE:  The Head of Finance submitted a financial update, the main focus of which was to provide an overview of the Council’s finances and process for the 2023/24 draft budget.

 

2021/22 Statement of Accounts

-       Delayed timetable as a result of LGR work and delayed local audit.

-       Draft un-audited version to be certified by Head of Finance in November.

-       Delayed external audit expected from December.

 

2022/23 Position

-       First quarter report shows a projected general fund overspend of £701k for 2022/23.

-       Following Qtr1 report the pay offer of £1,925 for all staff has been tabled. Circa £1.1m cost compared to budget (6.7% average compared to 2.5% budgeted).

-       Further savings anticipated from staff vacancies/turnover (currently 16%).

-       Ultimately balanced budget will be achieved by drawdown from Budget Transition Fund and/or Working Balance.

 

2023/24 Budget

-       Work has started on draft budget for Harrogate services for 2023/24.

-       Detailed process in line with previous years.

-       Budgets across all district/boroughs consolidated with that of county council, in line with overall timetable to produce first budget for new unitary council.

 

36.

Report back on Previous Notices of Motion:

Minutes:

36/22 – REPORT BACK ON PREVIOUS NOTICES OF MOTION:  There were no reports to be considered.

 

37.

Minutes of Committees and Cabinet:

Minutes:

37/22 – MINUTES OF COMMITTEES AND CABINET: The Council resolved upon the various non-delegated Minutes of the Committees and Cabinet as follows:

 

37(1)

Cabinet: 20 July 2022 pdf icon PDF 197 KB

Minutes:

37/22(01) – CABINET – 20 JULY 2022:

 

13/22 – NEW SETTLEMENT (MALTKILN) DEVELOPMENT PLAN

             DOCUMENT: REGULATION 19 CONSULTATION AND

             SUBMISSION:

 

The Mayor advised that the Cabinet Minutes of 20 July 2022 would be taken together with Cabinet Minute 24/22 of 17 August 2022.   

 

Moved by Councillor Richard Cooper              Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That the Minutes of the meeting of the Cabinet held on 20 July 2022 together with Cabinet Minute 24/22 of 17 August 2022 be approved and adopted.

 

37(2)

Cabinet: 17 August 2022 pdf icon PDF 206 KB

Minutes:

37/22(02) – CABINET – 17 AUGUST 2022:

 

Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That the remainder of the Minutes of the meeting of the Cabinet held on 17 August 2022 be approved and adopted.

 

37(3)

Licensing: 6 September 2022 pdf icon PDF 198 KB

Minutes:

37/22(03) – LICENSING COMMITTEE – 6 SEPTEMBER 2022:

 

Moved by Councillor Ed Darling                      Seconded by Councillor Andy Paraskos

 

and RESOLVED:

 

That the Minutes of the meeting of the Licensing Committee held on 6 September 2022 be approved and adopted.

 

38.

Notices of Motion Received: pdf icon PDF 224 KB

In accordance with Standing Order 10, the Head of Legal and Governance to submit Notices of Motion received.

Minutes:

38/22 – NOTICES OF MOTION RECEIVED:  The Mayor advised that there was one notice of motion before the Council.  The motion, which was in the names of Councillors Richard Cooper and Graham Swift would be debated by the Council in accordance with Standing Order 10(6)(f). 

 

Notice of an amendment to the motion had been proposed by Councillor Chris Aldred, and was to have been seconded by Councillor Matthew Webber. 

The amendment was accepted in advance of the meeting by the mover and seconder of the original notice of motion, and therefore became the substantive motion.

 

“This council calls upon North Yorkshire County Council to hold a binding referendum of Harrogate town residents who could become constituents of a new Harrogate Town Council to determine whether such a council should be formed.

 

“Information should be made available prior to the referendum as to which Services a new Town Council could provide, together with an indicative level of investment required to provide each Service to a reasonable standard.

 

"Such a referendum will give democratic legitimacy to the new town council.”

 

Moved by Councillor Richard Cooper           Seconded by Councillor Graham Swift

 

The motion was then debated by the Council.

 

Upon a vote being taken on the notice of motion, the Mayor declared the motion unanimously carried.

 

39.

Audit and Governance Committee Annual Report 2021/22: pdf icon PDF 389 KB

The Chair of the Audit and Governance Committee to submit a written report.

Minutes:

39/22 – AUDIT AND GOVERNANCE COMMITTEE ANNUAL REPORT

  2021/22:  The Chair of the Audit and Governance Committee submitted a written report setting out the Committee’s work and performance for the municipal year ending 30 April 2022, which was considered good practice. 

 

Moved by Councillor Steven Jackson         Seconded by Councillor John Ennis

 

and RESOLVED:

 

That Council receive the report

 

40.

Exception to Call-in Procedure: pdf icon PDF 161 KB

The Leader of the Council to submit a written report.

Minutes:

40/22 – EXCEPTION TO CALL-IN PROCEDURE:  In accordance with Overview and Scrutiny Procedure Rule 16(b) the Leader notified the Council of an urgent key decision which had been taken to award a contract to rebuild and repair a collapsed church wall at Kirkby Malzeard Church. The Chair of the Overview and Scrutiny Commission had agreed an exemption from the call-in procedure in accordance with Overview and Scrutiny Procedure Rule 16(b) as there was an urgent need to repair the wall.

 

Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That the Council note the action agreed in excluding this key decision from the call-in process.

 

41.

Changes to Committee Membership:

To note that Councillor Paul Haslam will replace Councillor John Ennis on the Overview and Scrutiny Commission.

Minutes:

41/22 – CHANGES TO COMMITTEE MEMBERSHIP: 

 

Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That Councillor Paul Haslam replace Councillor John Ennis on the Overview and Scrutiny Commission

 

42.

Common Seal:

To authorise the affixing of the Common Seal to the necessary documents for the purposes of carrying out the resolutions contained in the Minutes.

Minutes:

42/22 – COMMON SEAL: 

 

Moved by Councillor Richard Cooper               Seconded by Councillor Graham Swift

 

and RESOLVED:

 

That    (1)  the Common Seal of the Council be affixed to the Deeds and Documents necessary to carry out the resolutions confirmed and passed this day; and

 

            (2)  no deed shall be treated as being conditional upon Council proceeding until completion of a transaction relevant to any deeds.