Venue: Town Hall, Scarborough
Contact: Heather Donaldson-Boldyn
Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda. If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting. In addition, the attached form must be completed and passed to the Committee Administrator. The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda. Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.
There were no declarations of interest made.
PUBLIC QUESTION TIME
Public questions of which due notice has been given and which are relevant to the business of the Scrutiny Committee.
Mr Adrian Perry of the Scarborough and District Civic Society had given notice that he wished to make representations to the Committee in respect of Agenda Item 4 (URGENT CALL-IN OF EXECUTIVE DECISION - NORTH STREET CAR PARK, SCARBOROUGH).
The Chairman confirmed that he had spoken to Mr Perry, who was agreeable to making his representations during consideration of Agenda Item 4.
Exclusion of the public
To consider the following motion:-
“that in accordance with Section 100A(4) of the Local Government Act 1972 (and subject to consideration of the public interest under Paragraph 10 of Part 2 of Schedule 12A of the Act) the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act), namely information;
(a) relating to any individual;
(b) which is likely to reveal the identity of an individual; and/or
(c) relating to the financial or business affairs of any particular person (including the authority holding that information)”.
Following advice from the Director of Democratic & Legal Services given at the meeting, the Committee agreed that consideration of Agenda Item 4 would be held in public. The exception to this would be any discussion of matters in respect of the financial or business affairs of any person, in accordance with Paragraph Schedule 12 A of the Local Government Act 1972.
The Director of Democratic and Legal Services said that the status of the report remained private and confidential due to the commercially sensitive information contained therein. As such, it would not be available to the public and press.
Urgent Call-in of Executive Decision - North Street Car Park, Scarborough
To consider a joint report of the Chief Executive and Director of Business Support (Reference 15/141) submitted to the Cabinet on 26 May 2015 and to determine whether to recommend to the Cabinet that it amends its decision to reject the release of North Street Car Park for development and retain as a short stay parking facility.
The Cabinet’s decision has been called in for urgent scrutiny pursuant to Section 4.7 of the Constitution, Additional Overview and Scrutiny Committee Procedure Rules, paragraph 10 (vi).
Cabinet report (restricted), extract minute of the Cabinet meeting, and call-in form attached.
Members considered a report and supporting documents in respect of a call-in of Cabinet’s decision on 26 May 2015 to reject the release of North Street Car Park, Scarborough, for development and retain it as a short stay parking facility.
In response to a question about the speed at which the agenda item had been brought to Committee, the Director of Democratic & Legal Services reported that consideration of the matter as a call-in had been deemed urgent in accordance with Section 4.7 of the Constitution, Additional Overview and Scrutiny Committee Procedure Rules, paragraph 10 (vi). This meant that a meeting of the relevant Scrutiny Committee had been called to take place “as soon as possible”, and that the meeting was constitutional.
In response to a question about whether the Environment and Economy Scrutiny Committee was the correct forum for discussion, and whether the Resources Scrutiny Committee should instead consider the item, the Director of Democratic and Legal Services confirmed that the original report had been designated within the remit of the Leader of the Council, as the portfolio holder for regeneration. The potential release of the North Street Car Park site had wider implications for the regeneration of Scarborough town centre as a whole, and was not singularly an issue of asset management. For these reasons, the Environment and Economy Scrutiny Committee was an appropriate committee at which to consider the matter, given that its areas of work included regeneration projects.
The Chairman said that, following the advice given, he was satisfied that the Committee could proceed to consider the matter.
[Note: at this point in the meeting, Councillors R Barnett, PD Cross, VL Inman and JR Moody indicated that, in view of the short timescale between the submission of the call-in document and the item coming to committee, and because of their view that the call-in was incorrectly being considered by the Environment and Economy Scrutiny Committee, they would take no further part in the debate on the matter. They withdrew from the meeting to the public gallery at 1436 hours. The Committee observed that it remained quorate following their withdrawal.]
Councillor S Siddons thanked the Committee for inviting him to speak as the originator of the call-in. He expressed a view that the Environment and Economy Scrutiny Committee did not have sufficient remit to discuss Cabinet’s decision not to dispose of North Street Car Park, which as one of the Council’s assets, should be considered by the Resources Scrutiny Committee. He expressed concern that any resolutions passed by the Environment and Economy Scrutiny Committee would be ultra vires, stating that his view had been supported by independent advice that he had sought before the meeting. He said that he did not wish for the call-in to be brought to the Environment and Economy Scrutiny Committee, was withdrawing it, and apologised for taking up the Committee’s time.
The Committee sought advice from the Director of Democratic and Legal Services about whether the matter could still be debated, given ... view the full minutes text for item 4.