Agenda and minutes

To receive any declarations of interest.

There were no declarations of interest received at this point in the meeting.

The minutes of the Overview and Scrutiny Board meeting held on 18 December 2020 were submitted and approved as a correct record.

The Chair explained that the purpose of the meeting was for the Board to consider the outcome of the Call-in in respect of Nunthorpe Grange Farm: Disposal – Church Lane. 

The matter had initially been considered by the Board on 18 December 2020; however, that meeting had been adjourned in order for further legal advice to be provided. 

The Council’s Monitoring Officer had provided advice and a copy had been circulated to all Members.  The Monitoring Officer was in attendance at the meeting to provide that advice to the Board, and the Director of Finance was also present to respond to any queries.

It was highlighted that the purpose of the meeting was not to revisit the information presented on 18 December 2020, but to make a decision based on the evidence already received.

The Monitoring Officer reiterated some of the main points of the legal advice that had been provided to Members.  It was explained that, having been asked to advise whether the Executive decision departed from the Budget and Policy Framework, the response to this point was that it did not.  The submitted report set out the reasoning for this.  In summary, the Board heard that:

·        The Executive decision was about whether the Council should sell the asset in question.  The Executive was not concerned with determining how the land should be used or developed, as that was a matter for the Planning and Development Committee.

·        The Council’s Asset Disposal Policy was relevant to the Executive decision to dispose of the land, and that policy had been followed in this instance. 

·        In terms of the (valid) points raised in support of the argument that the decision was outside of the Budget and Policy Framework, these related to the Local Plan and the Mayor’s Vision and were not directly relevant to the decision made by the Executive.  Instead, they related to the business of the Planning and Development Committee.  These issues may need to be considered by the Planning and Development Committee when in receipt of a planning application by the purchaser.

·        In essence, the Executive was concerned with the decision whether to dispose of the land at Nunthorpe Grange Farm.  In taking the decision, the Executive did not depart from the Budget and Policy Framework. 

The Proposer of the Call-in, Councillor Rathmell, made the following points:

·        It was felt that, despite being a valid Policy Framework document, the Local Development Plan was being dismissed.  Reference was made to the role of the Planning and Development Committee; the replacement of this document in the Budget and Policy Framework with national legislation; designation of this land within the Local Plan as agricultural land, forestry or fishery, versus the proposed use of this land for religious purposes; and the potential implications for the Planning department, the Council and the local area following departure from the Local Policy Framework and the Local Plan.

·        The legal advice provided relied on the Council’s planning process, which ensured that a departure from the Local  ...  view the full minutes text for item 20/78