M A KING A COWEY (Mrs) Town Clerk & RFO Deputy Clerk & Civic Officer
PANNETT PARK | WHITBY | YO21 1RE TEL: (01947) 820227 | E MAIL: [email protected] Dear Councillor, 30 March 2021
You are summoned to attend an ordinary meeting of the TOWN COUNCIL OF WHITBY to be conducted on-line, via Zoom and livestreamed on the Town Council‘s Facebook page - https://www.facebook.com/WhitbyTC/ on Wednesday 7 April at 6:00pm, the agenda for which is set out below.
To: Councillors Barnett, Coughlan, Dalrymple, Derrick, Michael King Goodberry, Harston, Jackson, Jennison, Lapsley, Nock, Town Clerk Redfern, Smith, Sumner, Wild, Wilson and Winspear
NOTICE OF MEETING – Public notice of the meeting is given in accordance with schedule 12, paragraph 10(2) of the Local Government Act 1972.
AGENDA
1. APOLOGIES FOR ABSENCE To receive and resolve upon apologies for inability to attend.
2. DECLARATION OF INTERESTS To declare any interests which members have in the following agenda items.
3. PUBLIC PARTICIPATION Standing Orders will be suspended for up to 15 minutes to allow for questions or statements about business items on the agenda, submitted by members of the public1 (limited to 3 mins per person).
4. EXTERNAL REPORTS To receive reports on behalf of external bodies if present a. North Yorkshire Police b. County & Borough Councillors
5. ACTIVE TRAVEL FUND – CYCLE PATH PROPOSALS A presentation on the second round of consultation on North Yorkshire County Council’s scheme; seeking views on the draft designs.
More information on the second phase of consultation and the draft designs can be found at: https://www.northyorks.gov.uk/social-distancing-measures.
Council Meeting 7 April 2021 | Agenda 1 6. MINUTES Page 5 a. To approve as an accurate record minutes of the following meetings: i. Council 2 March 2021 5 ii. Extraordinary Council 4 March 2021 11 iii. Extraordinary Council 30 March 2021 41 b. To receive the minutes of the following meetings: i. Planning 9 March 2021 13 ii. Allotment Subcommittee 15 March 2021 19 iii. Finance, Policy & General Purposes 16 March 2021 21 iv. Events Subcommittee 17 March 2021 25 v. Town Development & Improvement 22 March 2021 27 vi. Planning 23 March 2021 31 vii. Joint Management Committee 24 March 2021 35
7. COMMITTEE RECOMMENDATIONS a. Allotments Subcommittee A248/21 RENT REVIEW
RECOMMENDED that allotment rents be increased to 60p a week an annual cost of £31.20 per full plot and 30p a week and annual cost of £15.60 these amounts do not include water charges. (Page 20)
b. Finance, Policy & General Purposes Committee F254/21 APPROVAL OF EXPENDITURE
RECOMMENDED that the schedule of payments up to 15 February 2021 in the sum of £21,316.33 (in respect WTC) and of £484.70 (in respect PAG) as attached hereto is approved and submitted to Full Council and that the income in the sum of £30,585.22 (in respect of WTC) is noted. (Page 21)
c. Joint Management Committee JM279/21 REPORT ON PROPERTY MATTERS – TEA ROOM
RECOMMENDED that the proposed plans be recommended to Council for support. (Page 36)
d. Any other matters arising from the minutes noted above.
8. LICENSING APPLICATION Page 43 To consider a response in respect of the application for The White Horse and Griffin, White Horse Yard.
9. LOCAL GOVERNMENT REORGANISATION CONSULTATION Page 45 To consider a response to the Government consultation on reorganisations options for one or two unitary authorities covering North Yorkshire.
10. MAYOR'S REPORT Civic engagements since 2 March 2021 and other activities undertaken to note.
11. CLERK’S REPORT The Clerk will provide a verbal update on issues and correspondence arising since the last meeting, including:
a. Scarborough Borough Council – Better Homes Consultation 1 April 2021
Council Meeting 7 April 2021 | Agenda 2 12. FLOODING AWARENESS - STANDING ITEM Tides above 5.5 metres – to be reported at the meeting.
Join Zoom Meeting https://us02web.zoom.us/j/83373418143?pwd=NlJFanZUYVVlbWY1YU9EK0EzSExlUT09 Meeting ID: 833 7341 8143 Passcode: 139782 One tap mobile 02034815237,,83373418143#,,,,,,0#,,139782# 02034815240,,83373418143#,,,,,,0#,,139782# Dial by your location (UK numbers) 0203 481 5237 0203 481 5240 0203 901 7895 1. Anyone who wishes to register to participate under Item 3, please contact the Town Clerk ([email protected])
Council Meeting 7 April 2021 | Agenda 3
Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the Ordinary meeting of the Town Council of Whitby, held on Tuesday 2 March 2021 conducted on-line, via Zoom and livestreamed on the Town Council’s Facebook page at 6:00pm.
Present Councillor Mrs L Wild (Mayor) and Councillors R Barnett, Mrs H Coughlan, R Dalrymple, J Harston, T Jennison, J Nock, Mrs H Sumner, Mrs N L Wilson, and C Winspear.
Also M King, Clerk, and Mrs A Cowey, Deputy Clerk, with Ms H King and Mr M Parsons (Anglo American); Mr T Burkinshaw and Mr R Douglas (Cinder Track;) PSCO Rowley (Whitby Police); Mr G Goodberry and Mr J Redfern.
NOTICE OF MEETING – Public Notice of the Meeting was given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972.
221/21 APOLOGIES Apologies for inability to attend the meeting were received from Councillors L Derrick and G Jackson.
222/21 DECLARATION(S) OF INTEREST & REQUEST FOR DISPENSATION There were no declarations of interest or requests for dispensation.
STANDING ORDERS SUSPENDED
223/21 PUBLIC PARTICIPATION SESSION No public participation.
STANDING ORDERS REINSTATED
224/21 EXTERNAL REPORT a. ANGLO AMERICAN Mr Parsons gave a power point presentation on the work being carried out at the three sites which included an artists impressions of how the sites will look once the work is completed and the mine is running. At present there are 1200 people working on the project - 450 working on the Woodsmith mine site.
b. NORTH YORKSHIRE POLICE A Police report was circulated to all members prior to the meeting. PSCO Rowley went through the crime figures highlighting the increased number of fraud phone calls being received by members of the public, and number of Covid breaches within the town.
c. COUNTY & BOROUGH COUNCILLORS No County or Borough Council Reports
225/21 CINDER TRACK PROJECT Tim Burkinshaw and Rupert Douglas gave a report on the work carried out on the Cinder Track and a power point presentation on the proposals for the cycle
Council Meeting 7 April 2021 | Agenda 5 Minutes Item 6
track from Whitby to Staithes.
The surfacing work carried out appears to have been well used and received. A significant amount of tree planting has taken place which include large trees as well as whips. Once volunteers are allowed to help following restriction a number of bird and bat boxes will be installed along the track. The signage aspect of the project is still outstanding in Whitby.
Sustrans are working with the national park to look at a feasibility study to create a multiuser route between Whitby and Staithes using the disused railway as much as possible including the two tunnels at Sandsend. Inclusion of the tunnels would enable a level coastal gradient to Runswick.
The work will take a number of years and will be carried out in phases. LEP has funded most of the work carried out to present and it is hoped that LEP will commit to future funding. A diversion route is in place for walkers where the tunnels have collapsed – talks between National Parks and Mulgrave Estates are in progress as there are at present a number of uses for these tunnels including access.
226/21 APPLICATION FOR CO-OPTION Two applications for co-option were received for Abbey Ward and Stakesby Ward.
ABBEY WARD
MOVED by Councillor J Nock, seconded by Councillor J Harston and
RESOLVED unanimously that Mr Joe Redfern is co-opted onto Whitby Town Councils Abbey Ward.
STAKESBY WARD
MOVED by Councillor J Nock, seconded by Councillor Mrs N Wilson and
RESOLVED unanimously that Mr Glen Goodberry is co-opted onto Whitby Town Councils Stakesby Ward.
The Town Mayor welcomed both new Councillors to the Town Council.
227/21 MINUTES
MOVED by Cllr T Jennison, seconded by Cllr C Winspear and
RESOLVED unanimously that the Minutes of the ordinary meeting of the Full Council held on 2nd February 2021 are confirmed as an accurate record of the meeting and signed by the Town Mayor.
MOVED by Cllr T Jennison, seconded by Cllr Mrs H Sumner and
RESOLVED unanimously that the following Committee minutes are taken on block and are received:
Council Meeting 7 April 2021 | Agenda 6 Minutes Item 6
Planning 9 February 2021 Finance, Policy and General Purposes Committee 16 February 2021 Town Development & Improvement Committee 22February 2021 Planning Committee 23 February 2021 Harbour 23 February 2021
228/21 COMMITTEE RECOMMENDATIONS A FP&GP Committee 16 February F201/21 INTRODUCTION OF A PROTOCOL TO MARK THE DEATH OF A ‘SENIOR PERSON’
RECOMMENDED that the corrected draft protocol be submitted to Council, as amended to take account of the length of time for which flags would be flown at half-mast and the need to recognise significant local deaths expediently.
MOVED by Councillor R Dalrymple, seconded by Councillor C Winspear and
RESOLVED unanimously that the correct draft protocol as recommended by Finance Policy & General Purposes Committee to take account of the length of time for which flags would be flown at half-mast and the need to recognise significant local deaths expediently be approved and adopted by the Council.
FINANCE F/21 APPROVAL OF EXPENDITURE
RECOMMENDED that the schedule of payment up to 15 February 2021 in the sum of £30,536.23 (in respect WTC) and of £642.20 (in respect PAG) as attached hereto is approved and submitted to Full Council.
MOVED by Councillor Mrs N Wilson, seconded by Councillor J Nock and
RESOLVED unanimously that the schedule of payments up to 15th February 2021 the sum of £30,536.23 (WTC) and £642.20 (PAG) as recommended by the Finance Policy and General Purposes Committee for payment are approved.
229/21 NOTICE OF MOTION SUBMITTED BY MEMBERS
MOVED by Councillor Mrs N Wilson, seconded by Councillor C Wilson and
That the Town Council undertakes research into a form of positive acknowledgement appropriate to Whitby to NHS workers, individuals, companies, etc who have carried on working/helping throughout the pandemic.
An amendment to the motion was MOVED by Councillor R Barnett, seconded by Councillor Mrs H Coughlan and that a small working party be formed to carry out the motion.
The amendment was
Council Meeting 7 April 2021 | Agenda 7 Minutes Item 6
MOVED by Councillor R Barnett, seconded by Councillor Mrs H Coughlan an
RESOLVED unanimously that a small working party be formed to carry out the motion.
Therefore it was MOVED by Councillor Mrs Wilson, seconded by Councillor C Winspear
RESOLVED unanimously that the Town Council forms a small working party and undertakes research into a form of positive acknowledgement appropriate to Whitby to NHS workers, individuals, companies, etc who have carried on working/helping throughout the pandemic.
230/21 MAYOR’S REPORT CIVIC ENGAGEMENTS The Town Mayor reported on:
• the meetings she has attended;
• an invitation received from the Falkland Islands to meet to discuss plans to commemorate the 40th anniversary of the Falklands War;
• the receipt of a thank you letter from Buckingham Place thanking the Town Mayor for her Christmas Card.
Councillor Mrs Sumner gave a vote of thanks to the Town Mayor for all her work representing the Town Council throughout the lockdown.
MOVED by Councillor J Harston, seconded by Councillor R Dalrymple
RESOLVED unanimously that the Mayors report is received.
231/21 CLERK’S REPORT Councillor Barnett asked about the May elections and Unitary Authority and suggested that this should be an item on a future agenda.
The Town Clerk reported on the following:-
That the consultation regarding unitary Authority which would be on the April agenda - the consultation regarding unitary is open until the middle of April.
The announcement which is still awaited on the Town Deal – there has been suggestions that the head of terms agreement might be altered and Whitby may see some percentage reduction in the funding leading to local reprioritisation in the project costs, we could hear more after the budget.
Dolos Sculpture and the administrative error where SBC had failed to consult with the Town Council’s Planning Committee, which was rectified. 80 further objections had been received from members of the public - the application has been withdrawn and as part of the fast-track projects is now on hold.
Coast and County Radio seeking an expression from support to extend their FM signal.
Council Meeting 7 April 2021 | Agenda 8 Minutes Item 6
Civic Society AGM – they were very supportive of the relationship with the Town Council and the work the Town Council are engaged in.
Janet Deacon (SBC) has contacted the Town Clerk to engage in dialogue Regarding the post lockdown of Whitby as a tourist attraction to avoid some crowding issues which occurred previously.
Pedestrianisation of swing bridge has now been pushed back as a decision back to September.
MOVED by Councillor Mrs N Wilson, seconded by Councillor J Nock and
RESOLVED unanimously that Whitby Town Council support Coastal and County Radio in its quest to increase its FM signal.
232/21 FLOODING AWARENESS – STANDING ITEM Tides above 5.5 metres: 2 ,3 ,13-16 ,28 of March 2021
RESOLVED unanimously that this information is received.
Council Meeting 7 April 2021 | Agenda 9
Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the Extraordinary meeting of the Town Council of Whitby, held on Thursday 4 March 2021 conducted on-line, via Zoom and livestreamed on the Town Council’s Facebook page at 6:00pm.
Present Councillor Mrs L Wild (Mayor) and Councillors R Barnett, Mrs H Coughlan, R Dalrymple, G Goodberry, J Harston, G Jackson, T Jennison, S Lapsley, J Nock, S Smith, Mrs H Sumner, Mrs N Wilson and C Winspear.
Also M King, Clerk, and Mrs A Cowey, Deputy Clerk, with Alex Richards, Economic Development Project Manager, Kerry Levitt Project Support Officer, (Scarborough Borough Council) and one member of the public.
NOTICE OF MEETING – Public Notice of the Meeting was given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972.
233/21 APOLOGIES No apologies received
234/21 DECLARATION(S) OF INTEREST & REQUEST FOR DISPENSATION No declarations of interests or requests for dispensations were received.
STANDING ORDERS SUSPENDED
235/21 PUBLIC PARTICIPATION SESSION A member of public spoke of the need to protect this historic building making it sustainable and usable.
STANDING ORDERS REINSTATED
236/21 OLD TOWN HALL AND MARKET PLACE Councillors considered a report and power point presentation given by Scarborough Borough Council regarding the proposals put forward to provide a sustainable year-round space for Market trading, community, and cultural activity.
• Option 1 (railings) • Option 2 (glazed Panels) • Option 3 (Market Place Landscaping) Concerns were raised from Councillors regarding:
• access for Emergency vehicles • The number of market stalls would there be an increase or decrease – The number of market stalls would remain the same. • An unwelcome precedent could be set by glazing in a heritage building. • If this historic building is not glazed how will it be sustainable and protected.
Council Meeting 7 April 2021 | Agenda 11 Minutes Item 6
MOVED by Councillor R Dalrymple, seconded by Councillor Mrs N Wilson and
RESOLVED that Whitby Town Council supports Option 2 (Glazing) and 3 (Market Place landscaping) – these options are submitted to Historic England and the Planning Authority for formal feedback which is brought back to a meeting of the Full Council to allow a final decision on the options available. (3 voted against the resolution)
Council Meeting 7 April 2021 | Agenda 12 Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the meeting of the PLANNING Committee conducted via zoom, on Tuesday 9 March 2021 at 6:00pm.
Present Councillor Mrs N Wilson (Chair) with Councillors R Dalrymple, J Harston, G Jackson, J Nock, and C Winspear. Also Mrs A Cowey Deputy Clerk
NOTICE OF MEETING – Public Notice of the Meeting has been given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972.
P237/21 APOLOGIES Apologies for inability to attend were received from Councillor L Derrick
P238/21 DECLARATION(S) OF INTEREST Councillor C Winspear declared a non-pecuniary interest in planning application 21/00176/FLA 89A Church Street, YO22 4BH Councillor G Jackson declared a non-pecuniary interest in planning application 21/00470/FL 28 Crescent Avenue, YO21 3EW
P239/21 MINUTES
MOVED by Councillor C Winspear, seconded by Councillor R Dalrymple and
RESOLVED unanimously that the minutes of the Planning Committee held on 9th and 23 February 2021 having been circulated be taken as read and signed as a correct record.
STANDING ORDERS SUSPENDED
P240/21 PUBLIC PARTICIPATION No public participation
STANDING ORDERS REINSTATED
P241/21 PLANNING APPLICATIONS
RESOLVED that the Planning Applications, as detailed at Annex A & B, were considered and the Planning Committees recommendations duly recorded and submitted to the Planning Authority.
P242/21 LISTED BUILDINGS
RESOLVED that a) clarification is sought from Planning Services regarding whether or not Listed building consent is required for the rebrand and change of colour of 127 Church Street, and b) contact SBC for a response regarding the maintenance of the Powder Houses on the Battery.
Council Meeting 7 April 2021 | Agenda 13
Minutes Item 6 Annex A & B Planning Applications Considered on 9 March 2021
1 Plan Number District Reference Road/Street Date of meeting 21/016 21/00343/HS Holmstead Avenue 9.03.21 Applicant House Name Road Locality Mr Adrian Waring 31 Holmstead Avenue Town County Post Code Application date WHITBY North Yorkshire Y0211NA 19/02/21 Creation of first floor terrace area, Mr Adrian Waring, 31 Holmstead Avenue, WHITBY, North Yorkshire, Y0211NA Comment Support the planning application
2 Plan Number District Reference Road/Street Date of meeting 21/018 21/00377/HS Wagtail Crescent 09.03.21 Applicant House Name Road Locality Mr Dean Jeffrey 69 Wagtail Crescent Town County Post Code Application date WHITBY North Yorkshire YO224QU 23/02/21 Dormer windows to front and rear elevation, Mr Dean Jeffrey, 69 Wagtail Crescent, WHITBY, North Yorkshire, YO224QU Comment Support the planning application
3 Plan Number District Reference Road/Street Date of meeting 21/019 21/00395/HS Baxtergate 09.03.21 Applicant House Name Road Locality Mr Peter Mason 18A Baxtergate Town County Post Code Application date WHITBY North Yorkshire YO211BW 24/02/21 Replacement of timer windows in UPVC, Mr Peter Mason, 18A Baxtergate, WHITBY, North Yorkshire, YO211BW Comment Support the planning application subject to the use of heritage style windows
4 Plan Number District Reference Road/Street Date of meeting 21/020 21/00176/FLA Church Street 09.03.21 Applicant House Name Road Locality Mr Justin Waring The Old Bakery 89A Church Street Town County Post Code Application date WHITBY North Yorkshire YO224BH 24/02/21 Variation of condition 3 on decision 16/01623/FL, to allow permanent occupation, Mr Justin Waring, The Old Bakery, 89A Church Street, WHITBY, North Yorkshire, YO224BH Comment Support the planning application
Council Meeting 2 March 2021 | Agenda 15
Minutes Item 6
5 Plan Number District Reference Road/Street Date of meeting 21/021 21/00410/HS Princess Place 09.03.21 Applicant House Name Road Locality Mr & Mrs N Duffield 6 Princess Place Town County Post Code Application date WHITBY North Yorkshire YO211DZ 25/02/21 Creation of drop kerb, Mr & Mrs N Duffield, 6 Princess Place, WHITBY, North Yorkshire, YO211DZ Comment Support the planning application
6 Plan Number District Reference Road/Street Date of meeting 21/022 21/00002/LB East Terrace 09.03.21 Applicant House Name Road Locality Edward Neville Flat 3 Kirbys Flats 1 East Terrace Town County Post Code Application date WHITBY North Yorkshire YO213HB 26/02/21 Installation of 5no. Replacement windows in uPVC and retrospective alterations to internal layout, Edward Neville, Flat 3 Kirbys Flats, 1 East Terrace, WHITBY, North Yorkshire, YO213HB Comment Support the planning application subject to use of heritage style windows - the appearance is consistent with the rest of the building
7 Plan Number District Reference Road/Street Date of meeting 21/023 21/00001/HS East Terrace 09.03.2 Applicant House Name Road Locality Edward Neville Flat 3 Kirbys Flats 1 East Terrace Town County Post Code Application date WHITBY North Yorkshire YO213HB 26/02/21 Installation of 5 no. replacement windows in Upvc, Edward Neville, Flat 3 Kirbys Flats, 1 East Terrace, WHITBY, North Yorkshire, YO213HB Comment Support the planning application subject to use of heritage style windows - the appearance is consistent with the rest of the building
8 Plan Number District Reference Road/Street Date of meeting 21/024 21/00181/HS Ruswarp Bank 09.03.21 Applicant House Name Road Locality Mr Ray Jobling 9 Ruswarp Bank RUSWARP Town County Post Code Application date WHITBY North Yorkshire YO211NF 26/02/21 Formation of off road parking bay to front of property, Mr Ray Jobling, 9 Ruswarp Bank, RUSWARP, WHITBY, North Yorkshire, YO211NF Comment Support the planning application
Council Meeting 2 March 2021 | Agenda 16
Minutes Item 6
9 Plan Number District Reference Road/Street Date of meeting 21/025 21/00249/HS Stakesby Vale 09.03.21 Applicant House Name Road Locality Mr Robert Preston 1 Stakesby Vale Town County Post Code Application date WHITBY North Yorkshire YO211JZ 26/02/21 Erection of double wooden garage and car port, Mr Robert Preston, 1 Stakesby Vale, WHITBY, North Yorkshire, YO211JZ Comment Support the planning application
10 Plan Number District Reference Road/Street Date of meeting 21/026 21/00470/FL Crescent Avenue 09.03.21 Applicant House Name Road Locality
Town County Post Code Application date 02/03/21 Conversion of the existing covered yard into a permanent structure including raising boundary wall heights, Simon and Michelle Williams and Naylor, 28 Crescent Avenue, WHITBY, North Yorkshire , YO213EW Comment Support the planning application
11 Plan Number District Reference Road/Street Date of meeting 21/027 NY/2021/0053/A27 Stainsacre Lane 09.03.21 Applicant House Name Road Locality NYCC Eskdale School Stainsacre Lane Town County Post Code Application date WHITBY North Yorkshire YO224HS 02/03/21 Consultation on application for the approval of details reserved by conditions no's 14 and 15 of Planning Permission Ref C4/18/02756/OA which relates to a community use agreement and noise management plan on land at Eskdale School, Stainsacre Lane, WHITBY, North Yorkshire, YO224HS Comment Support the application
Council Meeting 2 March 2021 | Agenda 17
Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the meeting of the ALLOTMENTS SUB COMMITTEE via Zoom on Monday 15 March 2021 at 11.00am.
Present Councillors, C Winspear (Chairman), R Dalrymple, J Nock and Mrs L Wild. Also M King, Town Clerk and Mrs A Cowey, Deputy Town Clerk.
NOTICE OF MEETING – Public Notice of the Meeting has been given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972
A243/21 APOLOGIES There were no apologies for inability to attend.
A244/21 DECLARATION OF INTERESTS There were no declarations of interest.
A245/21 PUBLIC PARTICIPATION SESSION No members of the public present.
A246/21 MINUTES
MOVED by Councillor R Dalrymple, seconded by Councillor Mrs L Wild and
RESOLVED unanimously that the minutes of the meeting of the Allotment Committee held on the 3 March 2020 previously circulated be taken as read and confirmed as a correct record of the meeting.
A247/21 ALLOTMENTS STAKESBY VALE ALLOTMENTS Councillor Mrs Wild reported on complaints received from a resident regarding issues relating to Plot No8, water and spikes.
Councillors discussed the above complaints as well as other historic issues relating to Stakesby Vale allotments and agreed that a site visit would be required as soon as possible following the lifting of lock down.
CALIFORNIA BECK ALLOTMENT Member discussed works that are required at Calla Beck Allotments – security fencing at the back of the allotments – access and clearance of Allotments 1 & 2, as well as structural issues and access to some gardens.
CHOLMLEY ALLOTMENTS There are no vacant allotments – but the footpath (grass cutting) and water charges will need to be considered.
MOVED by Councillor R Dalrymple, seconded by Councillor J Nock and
RESOLVED unanimously that a) a site visit is carried out on all allotment sites once lockdown restrictions are lifted, and b) NYCC are contacted regarding drainage issues on Bylands Road which could be affecting the Allotments/Southend Gardens.
Council Meeting 2 March 2021 | Agenda 19 Minutes Item 6
A248/21 RENT REVIEW Councillors reviewed the allotment rents for year 2022 -2023
MOVED by Councillor C Winspear, seconded by Councillor J Nock and
RESOLVED unanimously that allotment rents be increased to 60p a week an annual cost of £31.20 per full plot and 30p a week and annual cost of £15.60 these amounts do not include water charges.
Council Meeting 2 March 2021 | Agenda 20 Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the meeting of the Finance, Policy and General Purposes Committee held via Zoom on Tuesday 16 March 2021 at 6:00pm.
Present: Councillors G Jackson (Chair), Mrs H Coughlan, B Dalrymple, J Harston, Mrs L Wild, Mrs N Wilson and C Winspear.
Also: M King, Town Clerk and Cllr G Goodberry.
NOTICE OF MEETING – Public Notice of the Meeting was given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972
F249/21 APOLOGIES FOR ABSENCE None.
F250/21 DECLARATION OF INTERESTS & REQUESTS FOR DISPENSATION None.
F251/21 PUBLIC PARTICIPATION No members of the public were present.
GENERAL PURPOSES & POLICY F252/21 MINUTES
MOVED by Councillor Mrs Coughlan, seconded by Councillor Mrs Wilson and unanimously
RESOLVED that the Minutes of the Finance Policy & General Purposes Committee meeting, held 16 February 2021, be taken as read and confirmed as a correct record and signed by the Chairman.
F253/21 ACTION OUTSTANDING FROM PREVIOUS MEETING The Clerk provided a verbal update on the progress of resolutions from the previous meeting, which had been referred to Council and confirmed.
MOVED by Councillor Harston, seconded by Councillor Winspear and unanimously
RESOLVED that the information be received.
FINANCE F254/21 APPROVAL OF EXPENDITURE To approve payments and receipts on behalf of the Council to 15 March (Appendix A).
MOVED by Councillor Mrs Coughlan, seconded by Councillor Winspear and unanimously
Council Meeting 2 March 2021 | Agenda 21 Minutes Item 6
RESOLVED that the schedule of payments up to 15 February 2021 in the sum of £21,316.33 (in respect WTC) and of £484.70 (in respect PAG) as attached hereto is approved and submitted to Full Council and that the income in the sum of £30,585.22 (in respect of WTC) is noted.
F255/21 INCOME AND EXPENDITURE AGAINST BUDGET TO 28 FEBRUARY 2021 Submitted: a cost-centre statement relating to income and expenditure to the end of month eleven.
MOVED by Councillor Mrs Wilson, seconded by Councillor Mrs Coughlan and unanimously
RESOLVED That the information be received.
F256/21 REVIEW OF INTERNAL CONTROLS
A) Risk Register Submitted: a revised risk register and statement of the council’s risk policy.
MOVED by Councillor Winspear, seconded by Councillor Mrs Wild and unanimously
RESOLVED That the town council’s risk policy and register be approved.
B) Asset Register Submitted: a revised asset register detailing the council’s fixed and portable capital assets.
Proposed by Councillor Harston, seconded by Councillor Dalrymple and unanimously
RESOLVED That the town council’s asset register be approved.
Council Meeting 2 March 2021 | Agenda 22 Minutes Item 6
Appendix A FINANCE POLICY & GENERAL PURPOSES COMMITTEE – 16 MARCH 2021 APPROVAL OF EXPENDITURE Tn no Cheque Gross Heading Invoice Details 1276 DD £182.70 5000/2/5 01/02/21 Document Solutions - Service Charges - February 1272 DD £514.30 5000/4/2 06/02/21 Total Gas and Power - Electricity Charges January 1292 £27.57 5000/3/1 10/02/21 Cllr L Wild - Reimbursement of Expenses 1275 DD £675.84 5000/2/4 12/02/21 Pitney Bowes - January Invoice 1273 DD £14.39 5000/2/9 16/02/21 Barclaycard - Statement to 16 February 1280 DD £6.50 5000/2/13 18/02/21 Barclays Bank - e-payment plan charges 1274 DD £717.61 5000/5/7 21/02/21 Everflow Limited - January Water Charges (Toilets) 1270 DD £1,375.73 5000/4/1 22/02/21 ENGIE Gas Limited - Gas Supply 1271 DD £18.00 5000/2/5 22/02/21 EE Limited - Mobile Phone Contract 1281 £180.00 5000/4/10 23/02/21 Brian Oakley - External Windows February 1287 £481.50 5000/4/7 28/02/21 Lewis Hart Security Services - February Patrols 1283 DD £192.18 5000/2/5 01/03/21 Document Solutions - Service Charges - March 1285 DD £23.40 5000/4/6 01/03/21 Cathedral Hygiene - Hygiene Contracts 1291 DD £78.00 5000/2/9 01/03/21 SAGE UK Ltd - Payroll Software 1290 £123.84 5000/2/9 04/03/21 Edge It Systems Ltd - Microsoft 365 - Monthly Fees 1284 £46.97 5000/4/6 08/03/21 Rentokil Initial UK Ltd - Sanitary Bins March 21 1286 £203.28 15/03/21 Jetprint - Printing 1 £185.28 5000/2/1 Cards (9047) & (9083) 2 £18.00 5000/3/8 Frame (9235) 1288 £481.50 5000/4/7 31/03/21 Lewis Hart Security Services - March Patrols
Sub Total £5,343.31 £15,973.02 Confidential Transactions
Total £21,316.33 Income transactions - payments approval list 15 March 2021
Tn no Cheque Gross Heading Invoice Details 73 18,442.22 4000/18 26/02/21 Danfo toilet income 74 £3,143.00 4000/16 11/03/21 SBC - NRD Rates Refund (Covid) 75 £9,000.00 4000/16 11/03/21 SBC - NRD Rates Refund (Covid)
Total £30,585.22
Pannett Gallery Expenditure transactions - payments approval list 15 March 2021
Tn no Cheque Gross Heading Invoice Details 39 £128.20 5002 31/01/21 Global Payments - Card Charges 41 £350.00 5017 26/02/21 Steve Huison – Production video presentations 40 £6.50 5001 08/03/21 Barclays - e-payment Plan Charges
Total £484.70
Council Meeting 2 March 2021 | Agenda 23
Minutes Item 6 WHITBY TOWN COUNCIL
A report of the Events Working Party which was via Zoom on Wednesday 17 March 2021 at 4.00pm.
Present Councillors Mrs N Wilson (Chairman), R Dalrymple, G Jackson, Mrs L Wild and C Winspear (Whitby Town Council), C Burrows (Harbour Master), P Trumper (resident), FS K Burt (RAF Fylingdales), M Crisp (Yorkshire Regiment), C Roe (SBC) and A Brown (Whitby Winter Festival). Also M King, Town Clerk, Mrs A Cowey, Deputy Town Clerk and Mrs H Berry PAG Curator.
E257/21 APOLOGIES FOR ABSENCE Apologies for inability to attend were received from Mrs J Deacon (Scarborough Borough Council).
E258/21 A. CHRISTMAS FESTIVAL Following discussion, the consensus of opinion is in favour of holding a Christmas Market. The working party took into account information that a large number of members of the public are in favour of the Market going ahead giving the Town something to look forward to.
Due to the pandemic, there are many uncertainties regarding requirements that will need to be in place, and it was agreed that the Festival be scaled down to a Christmas market which will include the Christmas light switch on.
Funding is available to apply for from the County and Borough Council’s Locality Budgets. The Co-Op have agreed a £500.00 donation with a possibility of more (£500.00 rolled over from 2020 event which was cancelled due to the pandemic).
Whitby Hospitality are hoping to have an ice rink installed on Endeavour Wharf during the Christmas and New Year Period, and it was felt that this would enhance the Christmas Market if it went ahead. This group offered to help with a media campaign to promote and support the market.
RECOMMEND that the Whitby Christmas Market goes ahead, and a priority list with costings is drawn up.
B. ARMED FORCES DAY The National Armed Forces Day to be held in Scarborough has been cancelled for the second year due to the pandemic. As lockdown should be lifted on the 21stJune 2021 members discussed the possibility of having a reduced presence on Dockend to promote Armed Forces Day.
Concerns were raised about social distancing and what requirements may need to be in place so soon after the releasing of lockdown.
Council Meeting 2 March 2021 | Agenda 25 Minutes Item 6
RECOMMEND that the Flag Raising take place on 21st June and the flag lowered at the end of Armed Forces Day on 26th June 2021.
C. REMEMBRANCE/ARMASTICE DAY 14 and 11 November 2021 REMEMBRANCE Following on from the popularity of the previous secular services held at the War Memorial on Dockend, it was agreed that the same format be used to organise this year’s Secular Remembrance Service.
ARMISTICE DAY REME and HMS Example are contacted to enquire whether or not they will be Attending Armistice Day Service to be held on Dockend.
E259/21 FALKLAND ISLANDS The Town Clerk reported on a meeting held between representatives from the Falkland Islands Government, the Town Clerk and Town Mayor to discuss proposals to commemorate the 40th Anniversary of the Falkland Islands Conflict and celebrate the Falkland Islands in the 21st Century – to take place in 2022. Initial suggestions put forward were:
a. Linking in with Armed Forces Day
b. Linking in with Fish and Ships
c. Involving the schools and Whitby’s fishing Industry,
It was recommended that the South Atlantic Medal Association 82 veteran Group are contacted as well as South Yorkshire Air Museum for input.
Council Meeting 2 March 2021 | Agenda 26 Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the meeting of the TOWN DEVELOPMENT & IMPROVEMENT Committee held on Monday 22 March 2021 conducted on-line, via Zoom at 6:00pm.
Present Councillors J Harston (Chair), B Dalrymple, G Jackson, T Jennison, J Nock (sub), Mrs L Wild and C Winspear. Also M King, Clerk and two members of the public.
NOTICE OF MEETING – Public Notice of the Meeting was given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972.
TDI260/21 APOLOGIES FOR ABSENCE It was noted post hoc that apologies for inability to attend the meeting were received from Cllr Ms Sumner due to technical difficulties.
TDI261/21 DECLARATION OF INTEREST AND REQUESTS FOR DISPENSATION No declarations of interests or requests for dispensations were received.
TDI262/21 PUBLIC PARTICIPATION SESSION The Chair acknowledged one member of the public who had raised the issue to be considered at Minute TDI266 (below) and in the absence of any other request for participation, elected to defer suspension of Standing Orders, to enable participation prior to any debate on item TDI266.
TDI263/21 MINUTES
MOVED by Cllr Jennison, seconded by Cllr Jackson and unanimously
RESOLVED that the Minutes of the Town Development and Improvement Committee held on 22 February 2021 are confirmed as an accurate record of the meeting and signed by the Chairman.
TDI264/21 CLERK’S UPDATE ON MATTERS RAISED PREVIOUSLY The Clerk reported verbally that correspondence was outstanding in relation the West Cliff Paddling Pool. Updates had been received from Scarborough Borough Council acknowledging that the broken pipe to the esplanade, the landslip on the West Cliff and the condition of the railings running from the undercroft of the Pavilion were outstanding but were to be progressed by the borough council. The issue of the War Memorial at Bannial Flatts Farm had been discussed with the clerk to Aislaby Parish Council, who had acknowledged that the parish had not claimed ownership. The issue was being progressed with the county council on the same basis as the ‘welcome to Whitby’ signs, in terms of ownership and liability of structures in the highway.
TDI265/21 DOG CONTROL PROPOSALS Submitted: proposals received from Scarborough Borough Council for pavement marking to encourage responsible dog use and promote PSPO restrictions.
Council Meeting 2 March 2021 | Agenda 27 Minutes Item 6
Members raised questions about enforcement and the provision of ‘Bag it and bin it’ signage on the sea front. The signage was welcomed. Members enquired whether additional signage could be requested of SBC. Members also referred to ‘piercing eyes’ posters which have been used elsewhere, based on research originally conducted at Newcastle University, to deter irresponsible dog owners.
MOVED by Cllr Nock, seconded by Cllr Mrs Wild and unanimously
RESOLVED that the Clerk writes to the borough council to request the addition of ‘bag it, bin it’ signage adjacent to the beach front.
STANDING ORDERS SUSPENDED
TDI266/21 THE CARRS RUSWARP A member of the public raised the issue of the lack of protection and priority for pedestrians and cyclists on The Carrs, Ruswarp. She had written to North Yorkshire County Council to request traffic improvements in this area.
STANDING ORDERS REINSTATED
Members considered the issues which had been identified and expressed their broad support for improvements to the facilities for pedestrians and cyclists along The Carrs.
MOVED by Cllr Winspear, seconded by Cllr Mrs Wild and unanimously
RESOLVED that the Clerk writes to the county council in support of the points raised by the resident and to urge a response from NYCC Highways.
TDI267/21 MATTERS OF REPAIR AND MAINTENANCE REQUIRED IN TOWN The following areas of concern were identified to be brought to the attention of the appropriate department at either the borough or county council.
1. Land slippage on the east side of the Upgang Ravine towards the beach, in addition to the slippage previously reported (there is also slippage to the West (in the neighbouring parish).
2. The upkeep and cleanliness of the windows to the Pavilion undercroft.
3. New paving and standard lights on Church Street – additional problems at the base of new lamp posts.
4. Boardwalk on Calla Beck footway
MOVED en bloc by Cllr Dalrymple, seconded by Cllr Nock and
RESOLVED unanimously a) That the Clerk write to Scarborough Borough Council in respect to the landslip at Upgang Ravine, the cleanliness of the windows at the Pavilion undercroft and the condition of the Call Beck footpath boardwalk, seeking an update and engineer’s report
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if appropriate; and b) That the Clerk contact North Yorkshire County Council to report the failed tarmac at the base of lamp posts on Church Street.
Council Meeting 2 March 2021 | Agenda 29
Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the meeting of the PLANNING Committee conducted via zoom, on Tuesday 23 March 2021 at 6:00pm.
Present Councillor Mrs N Wilson (Chair) with Councillors R Dalrymple, J Harston, G Jackson, J Nock, and C Winspear. Also Mrs A Cowey Deputy Clerk
NOTICE OF MEETING – Public Notice of the Meeting has been given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972.
P268/21 APOLOGIES Apologies for inability to attend were received from Councillor L Derrick.
P269/21 DECLARATION(S) OF INTEREST There were no declarations of interest.
STANDING ORDERS SUSPENDED
P270/21 PUBLIC PARTICIPATION No public participation
STANDING ORDERS REINSTATED
P271/21 PLANNING APPLICATIONS
RESOLVED that the Planning Applications, as detailed at Annex A & B, were considered and the Planning Committees recommendations duly recorded and submitted to the Planning Authority.
P272/21 LISTED BUILDINGS The Deputy Clerk reported on emails received from SBC Planning Services regarding:- • Powder House, Battery Parade – The Conservation Officer has investigated the condition of both round houses and is awaiting further information regarding who is responsible for the maintenance of the buildings. He will work with the relevant party to address any matters the planning authority consider to be necessary to safeguard this building. • Fisherman’s Wife, Khyber Pass – No objections had been raised to revised proposals. • Councillors were concerned that the wooden archway installed was not as the refined metal design approved within the planning application. • Virgin Money, 74 Baxtergate – The concerns raise by the Town Council were noted but following consideration of the application SBC found it to be acceptable for the reasons set out in the delegated report. • Macy’s, New Quay Road – this inquiry is still under investigation.
RESOLVED that the information is received, and Planning Services is contacted regarding the archway at Fisherman’s Wife, Khyber Pass.
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54 BAXTERGATE Following work carried out on the above property it appears to be opening as a café.
RESOLVED that Planning Services are contacted to enquire whether or not a change of use planning application has been submitted for this property. (unanimous)
P273/21 LICENSING Members considered the following Licensing application:
AB Trading (Yorkshire Ltd) – Pizza West, West Cliff, YO21 3HT - application for a premises Licence under section 17 of the licencing Act 2003 for sale of Alcohol Monday to Sunday from 10:00 to 23:00 on and off premises.
RESOLVED that objections are raised to the Off Licence as it fails to promote the Licencing objectives: Prevention of crime and disorder Prevention of public nuisance Public safety Protection of children from harm Any licence should only be granted for the sale of alcohol with meals. (1 against)
Council Meeting 2 March 2021 | Agenda 32 Minutes Item 6 Annex A Planning Applications Considered on 23 March 2021
1 Plan Number District Reference Road/Street Date of meeting 21/028 21/00481/HS Byland Road 24.0321 Applicant House Name Road Locality Patsy Styles 2 Arundel Howe Byland Road Town County Post Code Application date WHITBY North Yorkshire YO211HQ 04/03/21 Lower ground floor conservatory, Patsy Styles, 2 Arundel Howe, Byland Road, WHITBY, North Yorkshire, YO211HQ Comment Support the application.
2 Plan Number District Reference Road/Street Date of meeting 21/029 21/00514/FL Ruswarp Lane 23.03.21 Applicant House Name Road Locality Mr & Mrs T & A Coates 36 Ruswarp Lane RUSWARP Town County Post Code Application date WHITBY North Yorkshire YO211ND 05/03/21 Dormer bungalow with low level garage to rear, Mr & Mrs T & A Coates, 36 Ruswarp Lane, RUSWARP, WHITBY, North Yorkshire, YO211ND Comment Support the application subject to highways comments being adhered to.
3 Plan Number District Reference Road/Street Date of meeting 21/030 21/00280/LB Bagdale 23.03.21 Applicant House Name Road Locality Mr Nathan Jones Thistle Bank 19 Bagdale Town County Post Code Application date WHITBY North Yorkshire YO211QS 08/03/21 Installation of signage board to front boundary wall, Mr Nathan Jones, Thistle Bank, 19 Bagdale, WHITBY, North Yorkshire, YO211QS Comment Object to the application - effect in a conservation area - out of keeping - would set a precedent which would cause a detrimental impact on a listed wall and area.
4 Plan Number District Reference Road/Street Date of meeting 21/031 20/02584/LB Cliff Street Applicant House Name Road Locality Mr Peter Weatherill 42& 43 Cliff Street Town County Post Code Application date WHITBY North Yorkshire YO213DD 11/03/21 Erection of 2No. Rear extensions and balcony. Internal alterations to allow use as single dwelling, Mr Peter Weatherill, 42& 43 Cliff Street, WHITBY, North Yorkshire, YO213DD Comment Support the application.
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5 Plan Number District Reference Road/Street Date of meeting 21/032 20/02281/HS Belle Vue Terrace 23.03.21 Applicant House Name Road Locality 7 Belle Vue Terrace 7 Belle Vue Terrace Management Co Ltd (Waring) Town County Post Code Application date WHITBY North Yorkshire YO213EY 17/03/21 Installation of replacement windows in Upvc, 7 Belle Vue Terrace Management Co Ltd (Waring), 7 Belle Vue Terrace, WHITBY, North Yorkshire, YO213EY Comment Support the application subject to the use of heritage style windows with bars.
6 Plan Number District Reference Road/Street Date of meeting 21/033 21/00018/FL Broomfield Terrace 23.03.21 Applicant House Name Road Locality Mr Richard Nutbrown Flat 4 9-10 Broomfield Terrace Town County Post Code Application date WHITBY North Yorkshire 17/03/21 Replacement of sash windows with double glazed Upvc, Mr Richard Nutbrown, Flat 4, 9-10 Broomfield Terrace, WHITBY, North Yorkshire Comment Support the application subject to the use of heritage style sash windows with bars.
7 Plan Number District Reference Road/Street Date of meeting 21/034 21/00423/FL Land at Bog Hall 23.03.21 Applicant House Name Road Locality KDW Architecture Ltd (Mr K D Land at Bog Hall Waterstead Lane Wood) Town County Post Code Application date WHITBY North Yorkshire 17/03/21 Proposed conversion & extension of existing store to create a dwelling, KDW Architecture Ltd (Mr K D Wood), Land at Bog Hall, Waterstead Lane, WHITBY, North Yorkshire Comment object to the application overdevelopment - negative amenity for future occupiers.
Council Meeting 2 March 2021 | Agenda 34 Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the meeting of the Pannett Art Gallery and Whitby Museum Joint Management Committee held on Wednesday 24 March 2021 at 4:00pm via Zoom.
Present Whitby Town Council: Councillors R Dalrymple (Chairman), Mrs H R Coughlan, J Nock, Mrs L Wild, Mrs N L Wilson and C Winspear; Whitby Literary & Philosophical Society: Ms S Booth, S Barnard, Mrs D Gildroy, Mrs W Price, Mrs A Roberts.
Also: Michael King, Town Clerk, Anne Cowey, Deputy Clerk, Helen Berry, PAG Curator, Hazel Wright, Museum Manager and one member of the public.
NOTICE OF MEETING – Public Notice of the Meeting was given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972.
JM274/21 APOLOGIES No apologies for inability to attend were received. (Mr D Rodwell was unable to attend due to technical difficulties logging onto the zoom meeting).
JM275/21 DECLARATION(S) OF INTEREST & REQUEST FOR DISPENSATION Councillor J Nock declared a non-pecuniary interest in agenda item 6 Report on Property Matters – flooring.
STANDING ORDERS SUSPENDED
JM276/21 PUBLIC PARTICIPATION SESSION No public participation.
STANDING ORDERS REINSTATED
JM277/21 MINUTES
MOVED by Councillor J Nock, seconded by Councillor Mrs H Coughlan and
RESOLVED unanimously that the minutes of the Joint Management Committee held on 12 October 2020 having been circulated be taken as read and signed as a correct record subject to the minor attendance amendments.
JM278/21 POTENTIAL FOR INVESTMENT AND DEVELOPMENT The Town Clerk reported on the Town Deal and the possible funding for an extension to the Pannett Art Gallery. The Town Deal for Whitby was not awarded the full amount applied for and it is not known to date whether the projects will be cut or parred down. If successful there are further stages to go through before any building work would be carried out.
MOVED by Councillor Mrs H Coughlan, seconded by Councillor J Nock and
Council Meeting 2 March 2021 | Agenda 35 Minutes Item 6
RESOLVED unanimously that the Clerks report is received.
JM279/21 REPORT ON PROPERTY MATTERS HEATING Pickups have been called out on a number of occasions – the last occasion was due to the fail-safe button being pressed by accident, the Park Keepers and friends of Pannett Park have been made aware of the issue and will be more careful in the future.
FLOOR The highlighted area of museum flooring has been repaired. During the repairs it was discovered that the wooden floor is not suspended and is held off the concrete with thin wooden laths. It appears that the nails had rusted and failed, and the flooring had moved due to weight, to the area of least resistance. A programme of inspection and renewal for the floor will need to be carried out once funding is available.
The Town Clerk will contact the joiner regarding the grating, which may be taken off site for the work to be carried out.
SECURITY SUTTER (between new wing) The Literary and Philosophical Society have obtained a quotation and offered to purchase a manual winding handle for the shutter between the main building and new wing.
TEA ROOM Plans drawn up by the Literary and Philosophical Society to create external double doors into the café were displayed. The proposed plans will create much needed ventilation and light. A security shutter will be installed at the same time on the inside of the proposed doors. Councillors were assured that the door would not be a main entry or exit to the building (Apx. A).
MOVED by Councillor Mrs L Wild, seconded by Councillor J Nock and
RESOLVED unanimously that members are in favour of the proposed plans and that these be recommended to Council for support.
BUILDING SURVEY The firm who has carried out the building survey in the past has contacted the Town Clerk to inform him that due to a conflict of interest they are unable carry out the present survey. Quotations will need be obtained from alternative surveyors.
WINDOW LOCKS On-going.
SIGNAGE Proposed signage for the front and rear of the building was discussed – it was agreed that a compromise will have to be reached regarding the opening times.
Council Meeting 2 March 2021 | Agenda 36 Minutes Item 6
A report on signage for the Art Gallery/Museum within the park will be forwarded on to the Town Clerk.
RE-OPENING The Museum is looking to re-open on 18 May 2021 subject to government guidance.
WI-FI A date is awaited for work to be carried out on the museums Wi-Fi system.
MOVED by Councillor J Nock, seconded by Councillor Mrs H Coughlan and
RESOLVED unanimously that the above information is received.
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Appendix A
Council Meeting 2 March 2021 | Agenda 38 Minutes Item 6
Council Meeting 2 March 2021 | Agenda 39
Minutes Item 6 WHITBY TOWN COUNCIL
Minutes of the Extraordinary meeting of the Town Council of Whitby, held on Tuesday 30 MARCH 2021 conducted on-line, via Zoom and livestreamed on the Town Council’s Facebook page at 6:00pm.
Present Councillor Mrs L Wild (Mayor) and Councillors Mrs H Coughlan, R Dalrymple, J Harston, G Jackson, T Jennison, J Nock, Mrs N Wilson and C Winspear. Also M King, Clerk, and Mrs A Cowey, Deputy Clerk.
NOTICE OF MEETING – Public Notice of the Meeting was given in accordance with Schedule 12, paragraph 10 (2) of the Local Government Act 1972.
280/21 APOLOGIES Apologies for inability to attend were received from Councillors L Derrick and Mrs H Sumner.
281/21 DECLARATION(S) OF INTEREST & REQUEST FOR DISPENSATION No declarations of interests or requests for dispensations were received.
STANDING ORDERS SUSPENDED
282/21 PUBLIC PARTICIPATION SESSION No members of the public present.
STANDING ORDERS REINSTATED
283/21 EXCLUSION OF PRESS AND PUBLIC
MOVED by Councillor Mrs N Wilson, seconded by Councillor J Harston and
RESOLVED unanimously that under the provisions of the Public Bodies (Admission to Meetings) Act 1960 § 1(2), that the press and public be excluded from the meeting during consideration of the matter referred to at item 5 below, due to the confidential nature of the business to be transacted.
284/21 HONORARY FREEMAN
MOVED by Councillor Mrs H Coughlan, seconded by Councillor Mrs N Wilson and
RESOLVED unanimously further to minute 189/21b, Mr John Freeman is awarded the title of Honorary Freeman under the provisions granted by section 249 (5-8) of the Local Government act 1972.
Council Meeting 2 March 2021 | Agenda 41
Reports Item 8 Licensing Application
The following Licensing Application has been submitted to Scarborough Borough Council. Representations are request by 8 April, which is why the item is referred to Full Council.
Premises White Horse & Griffin 87 Church Street Whitby North Yorkshire YO22 4BH
Notice is given that: WH & G Whitby Ltd has applied to Scarborough Borough Council Licensing Authority for a Premises Licence Variation under Section 34 of the Licensing Act 2003.
Details of variation:
• Replacement of licensing conditions attached to current premises. • Additional seating to the outside of the premises
The details of the current licence are:
Permitted Activities
• the supply of alcohol
• provision of late night refreshment
Premises Open Hours Requested
Time Time From To
Monday to 00:00 00:00 Sunday
Activities - Times Requested
Time Time From To I. Late night refreshment (Indoors)
Monday to 23:00 00:00 Saturday Sunday 23:00 23:30 J. Supply of alcohol for consumption ON the premises only
Monday to 10:00 00:00 Saturday Sunday 12:00 23:30 Christmas Day 12:00 15:00 and 7:00pm to 11:30pm Good Friday 12:00 23:30 New Year's Eve From the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or if there are no permitted hours on the following day, midnight on 31 December).
The above restrictions do not apply, however, in the following circumstances:
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• Intoxicating liquor may be sold or supplied at any time to persons residing at the licensed premises or their private friends bona fide entertained by them at their own expense.
• The Licensee may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above
A variation was last considered and refused in April 2018.
The town council has previously objected to a planning application by the previous owner regarding the use of the side door and the yard. This was taken to appeal, Planning Inspectorate number APP/H2733/A/03/1121864 SBC no Ref 03/00598/FL and was lost.
Council Meeting 2 March 2021 | Agenda 44 Reports Item 8 Local Government Reorganisation Consultation
The Government (MHCLG) has launched a consultation seeking views on the locally-led proposals that the Secretary of State has received following his invitation to councils in Cumbria, North Yorkshire, and Somerset to submit proposals for local government reorganisation. The relevant proposals to Whitby in this consultation were submitted by:
North Yorkshire:
A. Craven District Council, Harrogate Borough Council Richmondshire District Council, Ryedale District Council, Scarborough Borough Council and Selby District Council https://www.get-change-right.com/
B. North Yorkshire County Council https://www.northyorks.gov.uk/stronger-together
The consultation asks a number of questions about each proposal to help inform the Secretary of State’s assessment of the proposal, including:
• whether each proposal will improve local government • whether there is a good deal of local support in the round for the proposal • do the proposed new council areas cover a credible geography
MHCLG welcomes the views of all those interested in these proposals, including local residents, town and parish councils, businesses and the voluntary sector.
Before implementing a proposal, the Secretary of State is required to consult any local authority that is affected by the proposal (but which has not submitted it), and any such other persons as he considers appropriate.
The Secretary of State is therefore consulting the councils which made the proposals, other councils affected by the proposals and the councils in neighbouring areas which may be affected by the proposals.
He also considers it appropriate to consult public service providers, including health providers and the police, Local Enterprise Partnerships, and certain other business, voluntary sector and educational bodies. A full list of named consultees is at Annex B.
The Secretary of State will carefully consider all views expressed, including from local residents, as well as from named consultees.
This consultation will last for eight weeks closing at 11.45pm on 19 April 2021.
The town council has considered the proposals favoured by North Yorkshire County Council and Scarborough Borough Council and took a preliminary view on the options at its meeting on 5 August 2020 (Appendix A).
At that meeting, Council resolved (014/20): that Whitby Town Council, as a starting point, (a) takes all reasonable steps to retain and support local assets and services,
Council Meeting 11 August 2020 | Report 45 Reports Item 8
which benefit the people of Whitby, through the process of local government reorganisation in North Yorkshire and York; (b) works with Scarborough Borough Council, North Yorkshire County Council and other relevant bodies to develop future service delivery models for Whitby which maximise the opportunities of unitary local government; and (c) promotes the role of town and parish councils as the natural home of ultra- local services.
Subsequently, Council approved a list of services which fit the description ‘ultra-local’ services to prioritise for delivery by or in partnership with the town council (Appendix B is the letter to SBC, a corresponding letter was also sent to NYCC)
In line with the consultation questions, Council may now consider:
• whether each proposal will improve local government, • whether there is a good deal of local support in the round for the proposal, • do the proposed new council areas cover a credible geography.
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Appendix A
WHITBY TOWN COUNCIL EXTRAORDINARY COUNCIL MEETING – 11 AUGUST 2020
Devolution and Local Government Reorganisation
1. Introduction 1.1. This report sets out the context and as much of the process as is known for the government’s current proposal to establish combined authority and directly elected mayor for an area encompassing North Yorkshire and the City of York, which will be dependent on a reorganisation of the existing district and county councils into one or more unitary councils.
2. The Role of Local Councils in Devolution 2.1. Devolution should be a mechanism for rightsizing decisions and service delivery to the locality where these make the most sense, can be delivered most effectively and have the greatest impact. Some services lend themselves to delivery on a strategic framework covering a combined authority area, other services are broadly universal and benefit from consistency, though will take effort to make equivalent, such as children’s services, adult social care, refuse collection and trading standards. But there are clearly services which should be considered as hyper-local because these are based in unique or specific locations, delivered very close to local community sentiment or linked into a clear locality consensus. Devolution should enable local community control of assets and services and enable town and parish councils as the means of hyper-local community governance.
2.2. Government has now confirmed how it intends to take forward devolution in England and Simon Clarke MP, Minister of State at the Ministry of Housing, Communities and Local Government, met with council leaders and chief executives from across York and North Yorkshire on 7 July 2020.
2.3. At that meeting he outlined the Government’s plan and timetable to link devolution deals with the establishment of new unitary councils across England. Where areas want to pursue the benefits of devolution – they will therefore need to agree to adopt a unitary approach to providing local services to the public. That would mean ending the current arrangement in North Yorkshire whereby district and borough councils provide local services such as planning, refuse collection, cleansing and parks and the county council delivers strategic services like children’s services and education, public health and social care, safeguarding and highways across the whole county.
2.4. Government is not promoting a set solution at this time but supposes that uniry councils will optimally cover populations of between 300,000 and 400,000. Government also stated that a devolution agreement would include the formation of a Combined Authority with an elected Mayor. The timeline is very tight, with bids to be submitted by September this year and those which are successful in this round to be established as early as May 2022.
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2.5. The establishment of unitary councils places opportunities for local councils representing parishes and towns like Whitby to make a case for those ultra-local services which should best be delivered and managed close to their communities
2.6. The questions posed are: “what can we legitimately shift to someone else” from the unitary and “what do we want to have” from the parish (if anything). Negotiations are frequently long drawn out, centred around towns and usually involve physical assets. The process should recognise that every community is different, that negotiations must be specific. Locally important services should be managed locally, but practically, the dictum ought to be to ‘use it or lose it’, ‘own it or forsake it’. Lumpy service provision across a unitary, in the end, will have to be rationalised. The most common approach to devolution has been to invite community groups, local councils and others to approach the unitary or its precursors with requests to transfer: an individual building or a wholesale transfer involving all assets or services in a town or large village.
2.7. The role of a town or parish council can encompass providing greater local influence, generating greater community pride and engagement. Issues that may influence any decision about how much Whitby Town Council might get involved would be a detailed where assessing social value, capital receipts and revenue effects as well as capacity, capability and local ambition.
2.8. There are at least 5 outcomes that could arise.
1. Influencing and monitoring 2. Joint /enhanced delivery 3. Agency agreements 4. Delegated authority 5. Full transfer of services or assets
2.9. Resources are likely to be concentrated on projects that offer the greatest level of impact and are most likely to be deliverable. It is important to consider whether a locally significant service like harbours in Scarborough or Conferences and Exhibitions in Harrogate is as significant across a much larger geography.
2.10. Functions and assets that might be considered for transfer include:
• Parks, play areas, recreation areas, allotments1 and unused land. • Community, office and redundant buildings • Theatres, halls, arts and sports centres • Public conveniences • Library and museum management or ownership • Control of markets • Harbours • Parking restrictions and regulated car parking • Maintenance of highway verges, open spaces, footways and footpaths • Street lighting (except on principal roads) • Tree preservation orders
1 Statutorily a parish function
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• Maintenance of closed churchyards • Street cleansing (such as litter picking, sweeping and graffiti removal) • Noise and nuisance abatement including local warden services • Recycling provision • Street naming • ‘Lengths man’ services, such as highway potholes • Road safety and restriction measures • Issue of bus and rail passes or other transport voucher schemes • Licences for taxis, street trading or public entertainment • Some aspects of planning development control • Leisure and tourism provision.
3. Local Context 3.1. Scarborough has 40 town and parish councils, amongst 644 across the whole of North Yorkshire (where there are 87 parishes with a parish meeting but no council) and in York there are 31 parish and town councils. These councils have a strong working relationship with the Yorkshire Local Councils Association (YLCA) and the North Yorkshire branch of the Society of Local Council Clerks (SLCC).
3.2. In the current year, these parishes precept over £9.5 million. Their expenditure is also supported by income generated from services such as toilets, car parking and markets. The 2020/21 cumulative precept in Scarborough is £955,272.
3.3. Only the urban centres of the City of York and the towns of Scarborough and Harrogate are currently unparished.
3.4. Parish councils are a mixed bag. Some are very small with tiny budgets and precepts; some spend millions and have wide ranging functions. It all depends upon the nature and size of the parish and their ambition. No size fits all and that parish diversity is a strength but also, of course, a weakness.
3.5. Across North Yorkshire and York, Whitby has the sixth highest precept but only the 100th highest Band D figure, because its budget is boosted by other income. Unfortunately, MHCLG doesn’t collate parish expenditure, just precepts.
3.6. It is fair to say that some parishes have a limited view of their role and are happy with their current plans. Some focus on process and procedures and are less than willing to raise the local precept. Others are keen to make a difference and have adapted readily to new innovations and ways of working.
4. National Context 4.1. In additional to the local context the National Association of Local Councils (NALC) has recently published their Prospectus for Ultra Localism2 that recognises and encourages government to build the capacity of local councils. The prospectus aims to “Encourage joint working between principal councils and local councils, including the onward devolution of services, introducing a new right to engage to help (local) councils work more equitably and effectively with principal councils and other public services”.
2 National Association of Local Councils
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5. People Power 5.1. In the locality document “People Power”, findings from the Commission on the Future of Localism (January 2018)3, the Commission outlined four domains of localism that local government collectively must address. These were:
• Institutions for localism: healthy local governance structures • Powers and mechanisms for localism: ensuring there are meaningful powers, levers and resource for communities to take action locally • Relational localism: Changing culture and behaviours, establishing trust and local leaders acting as facilitators • Capacity for localism: ensuring localism is equitable, building capacity and supporting community development
6. Local Developments 6.1. North Yorkshire County Council, which has the freedom to act unilaterally, has set out a goal of a single unitary authority covering the whole of the county, which would sit alongside the existing unitary covering York. Scarborough Borough Council is working with the other district authorities in the county to consider how to develop an alternative submission to the minister. The Leaders of both councils have written to town and parish councils and these letters are appended. North Yorkshire is hosting a seminar on 19 August, to which local councillors and clerks are invited. I have been invited to contribute to this through my role in the SLCC but also as the clerk to Whitby Town Council. While Scarborough are working to develop proposals, Cllr Siddon’s letter is encouraging town and parish councils to make representation on behalf of their communities.
7. Conclusion 7.1. The national context plus the findings of the commission should be at the heart of any discussion of devolution in North Yorkshire and York. The objectives should be to:
1. Empower communities - develop localism, community governance and engagement 2. Build capacity within town and parish councils 3. Devolve assets, services and decision making locally 4. Strengthen the working relationship between principal and local councils in North Yorkshire and York.
7.2. Members need too to consider at a practical level what role Whitby Town Council should seek in the reorganisation and how this should be integrated into proposals coming from the county and district authorities.
3 Locality; Findings from the Commission on the Future of localism (Jan 2018)
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Appendix B
M A KING A COWEY (Mrs) Town Clerk & RFO Deputy Clerk & Civic Officer
WHITBY TOWN COUNCIL PANNETT PARK | WHITBY | YO21 1RE TEL: (01947) 820227 | E MAIL: [email protected]
Cllr Steve Siddons Leader, Scarborough Borough Council Town Hall St Nicholas Street Scarborough YO11 2HG 11 September 2020
Ref: Local Government Reorganisation
Dear Cllr Siddons,
We write on behalf of Whitby Town Council. The Town Mayor and Council of Whitby thank you and Mike Greene for your presentation and engagement with members of the town council at the meeting on 25 August.
Members have collectively assessed a list of potential service areas and considered these for local delivery as part of the local government reorganisation underpinning the devolution agenda. To validate the choice, the long list included those such as allotments and public conveniences, which are already provided by the town council.
To understand where the town council might sensibly focus its future role, it has considered what local delivery means. There are three related concepts at play:
• Ownership: when we talk about asset and service transfer, this may be absolute and irrevocable by, for example, the freehold transfer of a building, or it may be time- limited by licence or contract. • Commissioning: a service or asset can be locally designed, managed and monitored, whether it is physically transferred or not. • Funding: if a service comes with income attached – such as the public conveniences, then the responsibility transfers. Funding might be bundled so that income generating services support complementary expenditure or decoupled so that tax is raised in the precept rather than in the body of the council tax. The key issues here are double taxation (is it funded by the unitary elsewhere?) and the net difference experienced by individual council-tax payers.
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If these are plotted out, we end up with a 3-diemnsional matrix where each of those facets of devolution can move from the unitary (U) to Whitby Town Council (W). If we allow these to move independently, we have a model in which, at one extreme, a service may be commissioned, owned and paid for locally or, at another, by the unitary council. There will though be a wide range of possible outcomes within this space.
This list focusses on those assets and services which should move to local control on one or more of these axes in the town council’s opinion. From those currently provided elsewhere, by the county or borough council, the ranked services for local delivery are:
1. Control of Markets 2. Some Aspects of Planning Development Control 3. Leisure and Tourism Provision. 4. Beach Management (Chalets and Deckchairs) 5. Harbours 6. Community Buildings 7. Public Art and Statues 8. Street Naming 9. Unused Land 10. Parks 11. Recreation Areas 12. Arts Centres 13. Play Areas 14. Theatres and Halls 15. Tree Preservation orders 16. Control of Dogs 17. Street Furniture and Benches
The list represents the diversity of the 3-dimensional approach. ‘Control of markets’ suggest a transactional change in ownership, funding and commissioning from one body to the other, whereas ‘some aspects of planning development control’ covers a more fluid relationship best illustrated by the Protocol for Local Councils4 used by Cornwall Council.
Members recognise that during the period where approaches to reorganisation are being sought by central government, the town council should examine the conceptual framework with both the borough and the county council. Both authorities will necessarily be components of a future unitary, of whatever shape and size, mandated by the government. In outcome, Whitby will be covered by only one unitary authority. There can be no presumption that the aims and values of that unitary will reflect those of its precursors. Neither can the unitary be bound by policy decisions taken by its precursors – certainly not under the regulations that are currently used. Existing contractual arrangements and legal agreements will, however, novate from the existing county and
4 https://www.cornwall.gov.uk/media/27191841/protocol-for-local-councils.pdf
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It is worth noting the Scarborough Borough Council has resolved to pursue service transfer of the street market in Whitby to Whitby Town Council.
Members of the town council have made clear their desire for asset and service transfers which do not place an additional burden on local council taxpayers. The town council recognises that there are services (and service costs) which benefit visitors alongside or above residents. It is important that discussions on the future balance of services between the town council and a unitary council recognise the sources of income, other than the council tax precept, which may support those services.
To support the development of an effective and productive unitary authority, absorbing the functions of the current county and district councils in North Yorkshire, Whitby Town Council would welcome a clearly defined framework by which the future shape and extent of devolution of services might be discussed and agreed between tiers of local government covering Whitby. That framework should be consistently applied elsewhere, but the outcomes for each community should be locally determined.
Yours sincerely,
Cllr Linda Wild Michael King Town Mayor Town Clerk
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