Agenda and minutes

Call In, Overview and Scrutiny Management Board - Wednesday 5 January 2011 1.00 pm, NEW

Venue: Warspite Room, Council House. View directions

Contact: Mrs Katey Johns, Democratic Support Officer 

Items
No. Item

74.

DECLARATIONS OF INTEREST

Members will be asked to make any declarations of interest in respect of items on this agenda.

Minutes:

There were no declarations of interest made by Councillors in accordance with the code of conduct.

75.

CHAIR'S URGENT BUSINESS

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of chair’s urgent business.

76.

CALL-IN : TO AGREE TO THE DISPOSAL OF LAND AT ROCKY PARK ROAD pdf icon PDF 47 KB

The Overview and Scrutiny Management Board will consider the decision called in by Councillors Ken Foster, Wendy Foster and Berrow.

Additional documents:

Minutes:

The Overview and Scrutiny Management Board considered the call-in of the Cabinet Member decision: Approval to Dispose of Land at Rocky Park Road, Plymstock, to Plymouth Judo Club.

 

The Overview and Scrutiny Management Board heard –

 

(a)

 

from Councillors Ken and Wendy Foster, having called the decision in with Councillor Berrow, on the grounds that –

 

  • part of the land disposed, a gravel area which was used as a car park, was, as both Members were aware, public open space for which the relevant consents for the disposal to proceed had not been sought or secured;
  • the land being used as a car park did not form part of the surplus property declaration in 2007 so it was not a surplus asset available for disposal;

 

(b)

 

from Councillor Bowyer, Cabinet Member for Finance, Property, People and Governance, Phil Jones, Principle Development Surveyor and Ron Williams, Senior Lawyer, who responded that –

 

  • a surplus property declaration was signed by Councillor Bowyer, as Cabinet Member, in September 2008 for the Forresters Hall, Rocky Park Road site – this declaration was accompanied by a location map which included the gravelled area recently used as a car park;
  • the surplus property declaration was circulated to all Members, including Plymstock Radford ward Councillors Ken and Wendy Foster and Michael Leaves in October 2007. Records indicated that the email notification was read by Councillors Wendy Foster and Michael Leaves;
  • a planning application for the transfer of the Rocky Park Road site was submitted to the Planning Committee in October 2010 – after the meeting Councillor Bowyer emailed Councillors Michael Leaves and Ken Foster as they had objected to application, in an attempt to resolve the issue and asked for evidence to highlight that the decision was incorrect however this was not provided;
  • in their opinion the decision was taken correctly, as the gravelled area, recently used as the car park, was included in the surplus property declaration made in 2008, Ward Councillors were consulted and were given a further opportunity to provide evidence to the Cabinet Member that the decision was incorrect.

 

Agreed that -

 

(1)

 

the original decision be implemented;

 

 

Recommended that –

 

(2)

 

careful consideration of residents needs be taken into account when implementing this decision.

 

77.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A (4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) … of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.