MINUTES OF EXTRAORDINARY MEETING OF NEWBY AND SCALBY TOWN COUNCIL
held in the Community Hub, Council Office, 445b Scalby Road, Scalby,
on Thursday, 8th May 2025 at 2pm.
PRESENT: Councillors R Thompson (Chairman) (left 4pm), H Bore, J Buckley, R Holliday, G Kendall, B Marley (left 3.15pm), N Murphy, J Shepherd (left 3.30pm), J Smith (Vice Chairman in the chair from 4pm), R Towse.
ALSO IN ATTENDANCE: 5 members of public, Mrs J Marley (Clerk to Council).
ABSENT: Cllrs. D Bastiman, S Foote, C Thistleton.
35/25 NON-ATTENDANCE OF COUNCILLORS
35/25.1 Apologies received & noted from Cllrs. D Bastiman, S Foote and C Thistleton.
35/25.2 Resolved the reasons for absence given by Cllrs. Bastiman (NYC planning meeting), Foote (family commitment), Thistleton (work commitment) be accepted. (Recorded vote:- for Cllrs. Bore, Holliday, Kendall, Marley, Shepherd, Smith and Thompson; against Cllrs. Buckley, Murphy and Towse; abstain none).
36/25 DECLARATIONS OF INTEREST: Received from Cllr. Buckley (other interest, agenda items 6.4 and 12.1); Cllr. Towse (other interest, agenda item 6.4).
37/25 MINUTES
37/25.1 Having been previously circulated, the minutes of the Extraordinary Meeting of Council held on 9th April were not agreed as Cllr. Buckley and Towse said Minute 20/25 was not accurate. It transpired the error was due to their confusing completion of their Declaration of Interests form. With Council’s agreement these errors were corrected at the meeting and accepted. Minute 20/25 was then amended to read “ Received from Cllr. Buckley (other interest agenda items 4.2 and 5.4); Cllr. Towse (other interest agenda item 5.4)”. The amended minutes of the Extraordinary meeting of 9th April were then resolved as a correct record and authorised for signature by Cllr. Thompson.
37/25.2 Having been previously circulated, the minutes of the Extraordinary Meeting of Council held on 22nd April 2025 were resolved as a correct record and authorised for signature by Cllr. Thompson.
Procedural note: the meeting was adjourned from 2.15pm to 2.17pm to allow the Clerk to leave the room for some paperwork.
37/25.3 Having been previously circulated, the minutes of the Review & Staffing Committee held on 24th February 2025 were for approval and it was resolved they were a correct record and authorised for signature by Cllr. Thompson. (Recorded vote:- for Cllr. Bore, Holliday, Kendall, Shepherd, Smith and Thompson; against none; abstain Cllr. Buckley, Marley, Murphy, Towse).
38/25 EXTERNAL REPORTS
38/25.1 Police – resolved the Scalby report for April incidents be received and noted.
38/25.2 Joint Council Working Group on Fracking [Minute 34/25.1 refers] – noted on 24th April 2025 the updated response had been submitted to the planning authority as this Council’s objection. Resolved Cllr. Bore to attend to attend the NYC planning meeting where the Europa application was for consideration and decision in order to present this Council’s views. Resolved a vote of thanks be given to Cllr. Bore for all her work in respect of the report.
39/25 UPDATES ON VARIOUS MATTERS & CLERK’S/COUNCILLOR’S REPORTS/ITEMS
39/25.1 Persistent traffic offences near Newby & Scalby Primary School [Minute 24/25.1 refers] – resolved responses (circulated with agenda) from Highways Area Manager North Yorkshire Council and Police be received & noted. Resolved a letter to be written to the school asking if they would ask parents to be more considerate with regards to parking when dropping off/collecting their children.
39/25.2 Alleged problems with Scalby School pupils [Minute 24/25.4 refers] – Resolved response (circulated with agenda) from Headteacher be received and noted.
39/25.3 Speed of traffic on Barmoor Lane [Minute 24/25.5 refers] – resolved response from Police and verbal report by Clerk on the Vehicle Activated signs was received & noted. Clerk would continue to try and get a response from TWM Traffic who supplied the signs. Further resolved the Clerk to contact YLCA and ask if other councils were having similar problems getting a response from TWM.
39/25.4 Resolved it be noted that all complaints to the Monitoring Officer in respect of alleged breaches of the Code of Conduct by councillors had been finalised – no breaches had been found and no further action was to be taken.
39/25.5 Resolved it be noted a request for “reasonable adjustments” under equality legislation had been received by the Clerk and the matter addressed by the Chairman including within his introductory statement prior to commencement of the meeting a request for all present to speak clearly and audibly.
39/25.6 Resolved Cllr. Thompson’s verbal report on the Coastal Forum meeting on 28/4/25 be received and noted. Clerk reported the NYMNP Planning Committee was to agree its comments on the fracking planning application at its meeting on 15/5/25 and resolved copy of this council’s objections be sent to NYMNP for information; 2] no highway and footpath matters reported.
40/25 CORRESPONDENCE
40/25.1 Resolved the draft recommendations of the Electoral Review of North Yorkshire Council (emailed to councillors 1/4/25) be received, no comments to be made.
40/25.2 Resolved a letter [circulated with agenda] from the Duchy of Lancaster notifying an increase in the rent of the allotment land. Resolved the increase be reluctantly accepted and the Clerk to sign the acceptance memorandum on behalf of Council.
40/25.3 YLCA Scarborough Branch – resolved it be noted the annual meeting is 12th June. Clerk instructed to contact YLCA and confirm whether any councillors could attend or only those who were the elected representatives of the Council. A motion for the YLCA agenda (proposed Cllr. Buckley, seconded Cllr. Murphy) “that the YLCA considers the advice it gives to councils in respect of the six month attendance rule” was not carried. (For Cllr. Buckley, Murphy, Towse, against Cllrs. Bore, Holliday, Kendall, Shepherd, Smith and Thompson; abstain Cllr. Marley).
40/25.4 Correspondence received after 30/4/25 which the Chairman of the meeting deemed it necessary to consider as a matter of urgency:- 1. Legal letter before judicial review action received 6/5/25 from three members of public, who comprise two sitting town councillors and a member of the principal authority and requiring a response within 14 days. Following the Chairman’s advice to councillors via the Clerk, Cllrs. Buckley and Towse amended their Declarations of Interest and did not take part in the discussion/vote on this matter. Resolved Wellers Hedley be engaged for legal advice & to act for it in the matter of judicial review. Resolved letter be referred to solicitors. Resolved Clerk be authorised to liaise with Wellers Hedley and to generally deal with the matter in consultation with Chairman and Vice Chairman & report back to future meeting. [Recorded vote:- for Cllrs. Bore, Holliday, Kendall, Marley, Murphy, Shepherd, Smith & Thompson; against none; abstain Cllrs. Buckley & Towse].
At this point the Chairman adjourned the meeting from 1501 to 1505 so the Clerk could leave the room and collect paperwork for the next agenda item.
41/25 FINANCE, REGULATORY & GENERAL MATTERS
(Tabled at the meeting unless otherwise indicated)
41/25.1 Resolved the Schedule of Accounts Payable for May 2025 (Schedule 2 £17,734-13) be authorised for payment / ratified. Online authorisations to be done by Cllrs. Smith and Thompson. (Recorded vote:- for Cllrs. Bore, Holliday, Shepherd, Smith and Thompson, against Cllrs. Buckley and Towse, abstain Cllr. Marley [Minute 37/24.3 refers]).
Procedural note – Cllr. Marley left the room prior to the vote on the next item taking place.
41/25.2 Resolved the 2024/25 accounts [circulated with agenda] be received and the Chairman authorised to sign. (Recorded vote:- for Cllrs. Bore, Holliday, Kendall, Shepherd, Smith and Thompson, against Cllrs. Buckley, Murphy and Towse).
41/25.3 Internal Audit report for Feb-March 2025 and year end (circulated with agenda) – resolved the report be received & noted. (Recorded vote:- for Cllrs. Bore, Holliday, Shepherd, Smith and Thompson, against Cllrs. Murphy and Towse; abstain Cllr. Buckley).
41/25.4 Appointment of Internal Auditor for 2025/26 – noted Mr Carey had now retired. Resolved Clerk to investigate possible replacements and report to future meeting.
Procedural note – Cllr. Shepherd left the room during the discussion on recommendation 3 and did not take part in any of the voting.
41/25.5 Policies review – resolved the report and recommendations of the Review & Staffing Committee (circulated with agenda) be received. Further resolved the three recommendations of the report be carried and the changes to take place with immediate effect. Recorded votes as follows: Recommendation 1:- for Cllrs. Bore, Holliday, Kendall, Shepherd, Smith and Thompson; against none; abstain Cllrs. Buckley, Murphy and Towse; Recommendation 2:- for Cllrs. Bore, Holliday, Kendall, Shepherd, Smith and Thompson; against none; abstain Cllrs. Buckley, Murphy and Towse); Recommendation 3:- for Cllrs. Bore, Holliday, Kendall, Smith and Thompson; against Cllrs. Murphy and Towse; abstain Cllr. Buckley.
42/25 PLANNING APPLICATIONS & APPEALS NOTIFIED:-
Resolved comments on the following applications be submitted to the planning authority:-
- ZF25/00358/HS Retrospective application for double garage, 18 East Park Road, Scalby. No objections.
- ZF25/00379/HS Demolish existing lean-to and first floor access stair. Replace first floor door with window. Erect single story rear extension with extraction flue. Replace 1 uPVC window at front in timber, Yew Tree Café, 30-32 High St, Scalby. No objections.
- ZF25/00384/HS Instal external first floor door, form roof terrace with railing. Instal solar tiles to extension. Demolish outbuilding and erect replacement outbuilding with solar, The Manse, Low St, Scalby. No objections.
- ZF25/00385/HS Erect two storey side extension, 31 The Parkway. No objections.
- ZF25/00491/LB Install external 1st floor door and form first floor roof terrace with railing. Installation of photovoltaic slates to existing single storey extension. Erection of outbuilding following the demolition of the existing outbuilding, all at The Manse, Low St, Scalby. No objections.
43/25 PLANNING DECISIONS/APPEALS/WITHDRAWALS
Resolved the following decisions be received and noted.
- ZF24/00332/FL (APPEAL). Demolish existing building, erect one 3 bed bungalow and 1 4 bedroom house, 143-145 Burniston Road, Newby. Appeal dismissed.
- ZF24/01990/FL Change of use, garage to dog grooming salon (sui generis), 28 The Uplands, Newby. Granted with conditions.
- ZF25/00093/HS Erect single storey rear extension, 21 Red Scar Lane, Newby. Granted with conditions.
44/25 PLANNING MATTERS RECEIVED AFTER 30/4/25 – none.
45/25 EXCLUSION OF PRESS AND PUBLIC
At 3.35pm it was resolved that, under the provisions of the Public Bodies (Admission to Meetings) Act 1960 §1(2), the press and public be excluded from the meeting on the grounds the next items relate to legal, personnel or contract matters. (Recorded vote:- for Cllrs. Bore, Holliday, Smith and Thompson, against Cllrs. Murphy and Towse; abstain Cllr. Buckley).
46/25 CONFIDENTIAL ITEMS
(Tabled at the meeting unless otherwise indicated)
46/25.1 Objections to 2023/24 AGAR. Resolved the email of 6/3/25 from the external auditor containing the details of the accepted objections from Persons A and B be noted. Resolved the confidential reports containing suggested responses to each objection by Person A be noted. Following discussion it was resolved the confidential reports in respect of Person A be sent to the external auditor in their entirety as the Council’s response.
Procedural note – Cllr. Thompson left the room at this point and the Vice Chairman took the chair for the remainder of the meeting.
46/25.2 Resolved the confidential reports containing suggested responses to each objection by Person B be noted. Following discussion it was resolved the confidential reports in respect of Person B be sent to the external auditor in their entirety as the Council’s response.
There being no further business to be transacted, the Chairman of the meeting declared the meeting closed at 4.40pm.
Cllr. J. Smith, Chairman
Dated: 21st May 2025