MINUTES OF THE COUNCIL OF THE BOROUGH OF HARROGATE HELD AT THE CIVIC CENTRE, HARROGATE ON WEDNESDAY, 4 MARCH 2020 (FROM TIME NOT SPECIFIED – TIME NOT SPECIFIED) PRESENT: Councillor Stuart Martin, MBE in the Chair. Councillor Zoe Metcalfe, Councillor Chris Aldred, Councillor Margaret Atkinson, Councillor Bernard Bateman, MBE, Councillor Philip Broadbank, Councillor Nick Brown, Councillor Rebecca Burnett, Councillor Mike Chambers, MBE, Councillor Trevor Chapman, Councillor Jim Clark, Councillor Richard Cooper, Councillor Ed Darling, Councillor John Ennis, Councillor Sam Gibbs, Councillor Michael Harrison, Councillor Paul Haslam, Councillor Sid Hawke, Councillor Phil Ireland, Councillor Steven Jackson, Councillor Sue Lumby, Councillor Stanley Lumley, Councillor John Mann, Councillor Pat Marsh, Councillor Pauline McHardy, Councillor Samantha Mearns, Councillor Nigel Middlemass, Councillor Ann Myatt, Councillor Tim Myatt, Councillor Victoria Oldham, Councillor Andrew Paraskos, Councillor Alex Raubitschek, Councillor Matt Scott, Councillor Nigel Simms, Councillor Graham Swift, Councillor Norman Waller, Councillor Tom Watson, Councillor Matthew Webber, Councillor Christine Willoughby and Councillor Robert Windass. Late Arrivals: XXX Early Departures: XXX 74 – APOLOGIES FOR ABSENCE: There were no apologies for absence. 75 – URGENT BUSINESS: There was no urgent business. 76 – DECLARATIONS OF INTEREST: Members were advised back when the publication draft local plan was considered and were reminded now, that a Council’s interest in land (be it County, District or any Parish Council’s interest in land) was not a relevant consideration to any decision as to whether the land should be allocated in the local plan. Local authorities owned significant areas of land, and it was not unreasonable that some of that land or land in which an authority has an interest would be proposed for development. As a planning authority, it was essential that any choices Members made were based on the best interests of the planning of the area and that decisions should not be influenced by any possible gain to the Council nor its neighbouring authorities. In so far as a declaration of interests, then whilst a financial benefit may accrue to the County Council if land at New Farm, Green Hammerton was developed, that financial benefit did not attach to County Council Members personally. Indeed it was unlikely to impact on them significantly more than any other council tax payer in the county. County Councillors were paid an allowance and they were not in office at County Council for profit or gain. As such this interest was very unlikely to constitute a DPI. However, as a precaution against the decision taken in the Councillor Flowers case in East Devon and in order to give those dual hatted County Council Members who are also Harrogate Borough Council Members confidence in their ability to vote, 1 should they wish to do so, then they were invited to request a dispensation. Those dual hatted Members present tonight participating in Minute 89/19 had requested and had been granted a dispensation under Section 33 of the Localism Act 2011 which enabled them to remain in the meeting room, participate in the debate and vote on the item. For transparency it was understood that the following land owned by Harrogate Borough Council was allocated in the proposed plan: Dragon Road car park (site ref H63) land at Pannal (PN18 – employment allocation) Harlow nurseries (Site ref H65) This was not considered to be a personal or a DPI because this matter did not relate to an external body. Members were aware that interests in land were not a relevant consideration. Councillors Margaret Atkinson, Philip Broadbank, Mike Chambers, Jim Clark, Richard Cooper, John Ennis, Paul Haslam, Stan Lumley, John Mann, Stuart Martin, Zoe Metcalfe, Andy Paraskos and Robert Windass declared an interest in respect of Minute 89/19 on the basis that they were Members of North Yorkshire County Council. The Monitoring Officer had granted these Members a dispensation under Section 33 of the Localism Act 2011 which enabled them to remain in the meeting room, participate in the debate and vote on the item. Councillor Michael Harrison also declared an interest in Minute 89/19 on the basis that he was an Executive Member of North Yorkshire County Council and left the meeting room upon consideration of the item. 77 – EXEMPT INFORMATION: There was no exempt information. 78 – MINUTES: The Minutes of the meeting of the Council held on 12 February 2020 were submitted. Moved by Councillor Richard Cooper Seconded by Councillor Graham Swift and RESOLVED: That the Minutes of the meeting of the Council held on 12 February 2020 be approved as a correct record and signed by the Chair. 79 – COMMUNICATIONS: 01. Order of Business: The Mayor advised that in view of the large public presence for this item, he had, in accordance with Standing Order 8(2)(i) agreed to vary the order of business and take Cabinet Minute 106/19 of 3 March, dealing with the Adoption of the Harrogate District Local Plan immediately after agenda item 8. As would also become evident, Council would also receive a number of questions associated with the Local Plan item. 2 02. Filming of Council Meeting: The Mayor advised that Tim Cook from the Harrogate Informer intended to record the meeting. The recording took place from within the Chamber and would focus on the Members, officers and anyone speaking at the meeting. Any member of the public who did not wish to be filmed could make it known. 03. The Army Foundation College: The Mayor advised that the Army Foundation College would be exercising its right to march through Harrogate town and there will be a Freedom Parade involving approximately 200 soldiers on the morning of Friday 8 May. Further details of the event will be circulated to Members in due course. 80 – PUBLIC ARRANGEMENTS - PETITIONS: No petitions had been received. 81 – PUBLIC ARRANGEMENTS - QUESTIONS: The Mayor advised that he had received notification of six public questions under Standing Order 27 and he invited the questioners to step forward and ask their questions in the order in which they were received. 1. Question to the Cabinet Member for Planning from Marilyn Peckett I am a concerned resident living in Kirk Hammerton and downhill from the proposed new settlement in the Local Plan. All the flood plain fields are presently under water and the beck is overflowing. I would like to ask if Harrogate BC Planning Policy and Flood Risk Assessments take account of climate change when assessing a planning application for development. If so what are the attenuation measures and are these considered adequate for the extreme weather patterns we are now experiencing? Response: Thank you for your question. Flood risk has been considered as part of the sustainability appraisal that underpins the selection of the broad location. It shows that while there are some areas at risk of flooding, the vast majority of the broad location is at little or no risk of flooding. In accordance with national guidance, a sequential approach to flood risk will be followed when identifying the specific site boundary. This will be based on the Strategic Flood Risk Assessment (SFRA) that includes specific advice on the predicted impacts of climate change. As with all applications for development, the detailed proposals for the new settlement would need to show that the potential for surface water flooding can be managed through a drainage scheme that stores surface water on-site and attenuates its release at a rate no greater than the undeveloped green field rate (or less where possible). The drainage scheme would need to show that there is sufficient storage on-site to accommodate the 1 in 100 year rainfall event plus an additional 30% to account for climate change and a further 10% to account for urban creep. 3 2. Question to the Cabinet Member for Planning from Kevin Bramley, Hunsingore, Great Ribston with Walshford and Cattal Parish Council Climate change and its impact on flooding is of concern to Cattal residents. The roads leading South and West out of the village flood frequently through the year. They have been flooded and the road blocked three out of the last four weekends. Ponding is occurring more frequently on the carriageway North and West of Hunsingore leading to Walshford caused by surface water run off. Sodden ground and surface water run off from higher ground has become a major factor in dwellings being flooded in recent time in other parts of the Country.Our residents want to be protected from that. Given the size and magnitude of the new settlement proposal and its broad location on generally higher ground concern is expressed that surface water run off will carry a detrimental impact on Cattal and Kirk Hammerton and the productivity of agricultural land in the area of the new settlement. Will the Council withdraw the proposal from the Local Plan given it is not essential to hit the required housing need? Response: Thank you for your question. Local plan policy DM4 acknowledges that the New Settlement DPD will need to include measures to mitigate flood risk, including the use of sustainable drainage systems (SuDS). As with all applications for development, the detailed proposals for the new settlement would need to show that the potential for surface water flooding can be managed through a drainage scheme that stores surface water on-site and attenuates its release at a rate no greater than the undeveloped green field rate (or less where possible). This means that the surface water run-off rate would not be increased by development taking place and may actually lead to a reduced rate following development. The Local Plan has gone through a very detailed process of preparation, analysis, consultation and finally examination by an Inspector who has found it to be sound.