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Minutes of the Council of the Borough of Harrogate Held in the Council Offices, Harrogate on 5 December 2007 (From 5.30 Pm to 7.37 Pm)

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Minutes of the Council of the Borough of Harrogate Held in the Council Offices, Harrogate on 5 December 2007 (From 5.30 Pm to 7.37 Pm) MINUTES OF THE COUNCIL OF THE BOROUGH OF HARROGATE HELD IN THE COUNCIL OFFICES, HARROGATE ON 5 DECEMBER 2007 (FROM 5.30 PM TO 7.37 PM) PRESENT: The Mayor (Councillor Trotter) in the Chair. Councillors Anthony Alton, Mrs Atkinson, Bayliss. Beer, Philip Broadbank, Jayne Brotherton, Brown, Jean Burdett, Jean Butterfield, Trevor Chapman, Jim Clark, Cooper, Mrs de Courcey-Bayley, Ellington, Fawcett, Galloway, Mike Gardner, Goss, Grange, Harrison, Hawke, Hawkins, Horton, Bill Hoult, Andrew Jones, Anne Jones, Pat Jones, Andrew Kempston-Parkes, Chris Lewis, Morris Lightfoot, John Lockhart, Don MacKenzie, Pat Marsh, Reg Marsh, Pauline McHardy, Bob Nash, Newby, Parnaby, Peter Phillips, Charlie Powell, Rothwell, Savage, Simms, Geoff Webber, Andrew Williams, Willis and Willoughby. Late Arrivals: None. Early Departures: Councillor Goss at 7.00 pm. 62/07 - PRAYER: The Mayor’s Chaplain, Reverend Paul Hooper, led Members in prayer prior to commencement of the meeting and, in doing so, paid tribute to Councillor Elwyn Hinchcliffe, who sadly had passed away on 17 November 2007. Members and Officers then stood in silence as a mark of respect for the late Councillor Hinchcliffe. 63/07 - APOLOGIES FOR ABSENCE: Apologies for absence had been received from Councillors Fox, Theakston, Ward, Wilson and Wren. 64/07 - URGENT BUSINESS: There were no items of urgent business. 65/07 - DECLARATIONS OF INTEREST: The following declarations of interest were made:- Councillor Cooper – A personal interest in any relevant items appearing before the Council, associated with the HIC and the use of its premises by his employer for conference purposes. Councillor Pauline McHardy – A personal interest in respect of Agenda Item 13, Allotments in the Parish Areas, as a holder of an allotment within the district. Councillor Hawkins – A personal interest in respect of the question relating to the cost of restoration of the bridge at Horseshoe Field, Knaresborough, arising from his membership of Knaresborough Town Council. Councillor Mike Gardner – A personal interest in respect of General Purposes Committee Minute 38/07 with regard to an earlier planning application submitted by a third party, in respect of his former residence at Pannal. 66/07 - EXEMPT INFORMATION: There was no exempt information. G:\Active Coins Agendas and Minutes\Council\2008_02_13\council minutes 5 december 2007.doc 67/07 - MINUTES: Moved by Councillor Mike Gardner Seconded by Councillor Cooper and RESOLVED: That subject to the correction of the record to reflect the meeting having taken place at the Sun Pavilion, Cornwall Road, Harrogate, the Minutes of the Extraordinary Meeting of the Council held on 13 November 2007 be approved as a correct record and signed by the Chair. 68/07 - COMMUNICATIONS: (01) Coast to Coast Cycle Ride: The Mayor took the opportunity to thank all those for their support with his recent Coast to Coast Cycle Ride in aid of Saint Michael’s Hospice, the total raised after Gift Aid Credit being between £4,000 and £4,500. (02) Christmas Carol Concert: The Mayor reminded all Members that the annual Christmas Carol Concert was to take place at Crescent Gardens on Christmas Eve, commencing at 7.00 pm. The concert would again be supported by St Aidan’s Concert Band, and he hoped that Members would be able to join him on that occasion. (03) Town Hall Keepers: The Mayor advised that the customary collection was being circulated amongst Members and Officers, in order that they could show their appreciation for the services given over the past year by the Town Hall Keepers. (04) Christmas Drink: The Mayor invited Members and Officers to join him for a Christmas drink in the Members’ Room upon completion of the evening’s meeting. 69/07 - PUBLIC ARRANGEMENTS – PETITIONS: No petitions had been received. 70/07 - PUBLIC ARRANGEMENTS – QUESTIONS: Pursuant to Standing Order 27, the following questions had been received:- 01 Question to the Leader of the Council from Mr Douglas Edwards “Why, in light of the strong objections raised by the constituents of Melmerby village, against the proposed storage consent lodged by the Potter Group, no action has been taken to debate this issue at a full Council meeting which would allow the Planning Committee’s decision to be referred back? The objections of the constituents of Melmerby have been well publicised through letters to the Council, articles in local newspapers, public meetings held in the village hall and the petition that was personally handed to the G:\Active Coins Agendas and Minutes\Council\2008_02_13\council minutes 5 december 2007.doc Mayor of Harrogate Borough Council with the request that it go before the full Council” The Leader then responded by advising that applications for Hazardous Substances Consent were delegated to Planning Committee under the Council’s Constitution and Section 101 of the Local Government Act 1972. This meant that Planning Committee had the full power to determine these matters and it was right and proper that it should do so. The Planning Committee acts in a quasi-judicial capacity and the meaning of that was that it acts in lieu of and in the same manner as a court of law. Its Members come to a view, based on the information provided to them and the experience and training that they have received on a range of planning matters. Whilst he understood the strength of feeling that had been aroused locally on the question of this consent, it would be wholly wrong, for the reasons stated, for there to be any appeal to this Council on these matters to allow it to second guess the properly constituted Committee dealing with them. 02 Question to the Leader of the Council from Honorary Alderman George Crowther “Last Wednesday 28 November 2007, a majority of Tory County Councillors, on a so-called “scrutiny committee”, notwithstanding the logical presentations by both Councillor MacKenzie and our Chief Highway Engineer John Burton, effectively signalled an early end of the Highway Agency Agreement which has served the interests of the citizens and businesses of Harrogate and Knaresborough since 1974, in spite of a pathetically weak, uncosted case, presented by a County Chief Officer who has no relevant qualifications in highway engineering and is due to leave the County early next year, what action does the leader of this proud and successful District propose, to halt the vindictive irresponsible action? Will he now reconsider his previous view before chaos ensues if the planning function is administered by this Council and the transportation function administered remotely from Northallerton and press the logical case for a smaller unitary county council and a unitary district council on Harrogate’s current boundaries, with the relevant Government Minister? Does he agree that this Council owes it to the citizens and businesses of the District to fight our corner and not be bullied into submission by a vindictive arrogant authority with no experience of urban traffic management? The Leader responded, indicating that Despite in his view the hyperbole, this was a fairly straightforward question, which came in two parts. G:\Active Coins Agendas and Minutes\Council\2008_02_13\council minutes 5 december 2007.doc 1. What did we intend to do about the Scrutiny Committee’s recommendation to the County Council; and 2. Whether this changed our position on a future unitary authority for the Harrogate District? 1. This was a recommendation from the County’s Scrutiny Committee, which did not constitute a decision. That decision still had to be made by the County Council’s Executive. We had a number of options, and we would certainly be pursuing most, if not all of them. They involved • Extensive lobbying of the Secretary of State through the Members of Parliament; • The potential for legal action depending on the nature of the evidence about the effectiveness of the County Council’s decision-making machinery; and • A campaign with our colleagues in Scarborough to persuade the County Council to change its mind in the next three years. We are also looking at other practical options, such as the possibility that this Council will exercise its powers under the Local Government Act to claim the power to maintain urban roads. In anticipation that the County Council might make an adverse decision, we had already considered an approach to be taken but that is, of course, subject to legal advice and, in particular, the views of the Members of Parliament. 2. I am not sure that the potential loss of the Agency in three years’ time is any reason to embark on the creation of a Harrogate District unitary at this time. Indeed, there is no opportunity to make another bid for the foreseeable future. The Government’s proposals to review enhanced two-tier arrangements begin by reviewing pilots in 2009 (this area is not a pilot), and then a review of the effects of improved two tier working in 2011, which may mean that there will be no suggestion of changing the remaining two-tier areas until then. Accordingly, our conclusion is that there is no current provision under which the Council could make an “application” to become a unitary authority and, even if there were, under the current rules, the Council would have to make a proposal for the rest of the County. However, it does seem to be widely accepted that the possibility of unitary local government will return at some point and there is nothing to prevent any local authority seeking the views of the Government on the possibility of a unitary solution in any given area. This Council’s position, as Members may recall, has been established G:\Active Coins Agendas and Minutes\Council\2008_02_13\council minutes 5 december 2007.doc for some time; both the previous Liberal Democrat Administration and the current Conservative Administration have endorsed Harrogate-Craven as the future unitary option in this area.
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