Agenda and minutes

Special Meeting, Overview and Scrutiny Board
Thursday, 2nd June, 2016 10.00 am

Venue: Cabinet Room, Town Hall, Scarborough

Contact: Heather Donaldson-Boldyn, Democratic Service Officer 

Items
No. Item

1.

DECLARATIONS OF INTEREST pdf icon PDF 43 KB

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 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.

Minutes:

The following declarations of interest were made:

 

Councillor

Agenda Item

Interest

P Cross

4

Personal and non-pecuniary as an acquaintance of both public speakers Mr Normandale and Mr Roberts.  Remained in the meeting for the duration of the item. 

T Fox

4

Personal and non-pecuniary as an acquaintance of both public speakers Mr Normandale and Mr Roberts.  Remained in the meeting for the duration of the item.

J Jefferson

4

Personal and non-pecuniary as a resident and employee within Castle Ward.  Remained in the meeting for the duration of the item.

S Siddons

4

Personal and non-pecuniary as a member of the Ports Development Group appointed by the Council.  Remained in the meeting for the duration of the item.

S Turner

4

Personal and non-pecuniary as a member of the Ports Development Group appointed by the Council.  Remained in the meeting for the duration of the item.

 

2.

PUBLIC QUESTIONS

To consider public questions of which due notice has been given and which are relevant to the business of the Scrutiny Committee.

Minutes:

The Chairman reported that no public questions had been received.  Two members of the public had registered to speak on Agenda Item 4 (Call In of an Individual Cabinet Member Decision: Tourist Information Centre, Sandside, Scarborough), namely Mr F Normandale and Mr R Roberts.  Both had indicated that they were agreeable to making their representations during consideration of Agenda Item 4.   

3.

EXCLUSION OF THE PUBLIC

To consider the following motion:-

 

“that in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for Agenda Item 4 on the ground that it involves the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act), relating to confidential legal advice”.  

 

[Please note: only Appendix C of the report is confidential, and the Board will hold the majority of the discussion on the call-in in public, only going into private session if it is required to consider Appendix C.]

Minutes:

The Committee considered whether to exclude the public from the meeting for Agenda Item 4 (Call In of an Individual Cabinet Member Decision: Tourist Information Centre, Sandside, Scarborough) on the grounds that Appendix C to the Cabinet Member report dated 18 May 2016 contained exempt or confidential information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 

 

It was agreed that the public would remain in the meeting during consideration of Agenda Item 4, unless any exempt information was discussed in accordance with Section 100A(4) of the Local Government Act 1972. 

 

RESOLVED:     that the public would remain in the meeting for the duration of Agenda Item 4 (Call In of an Individual Cabinet Member Decision: Tourist Information Centre, Sandside, Scarborough), except for any instances when exempt information was discussed as defined below, in which case the public would be required to leave the meeting:

 

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), any information which is considered to be exempt information (as defined by Part 1 of Schedule 12 A of the Act), namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.   

 

4.

CALL-IN OF AN INDIVIDUAL CABINET MEMBER DECISION: TOURIST INFORMATION CENTRE, SANDSIDE, SCARBOROUGH pdf icon PDF 756 KB

To consider a report of the Director, Mr T Watson (Reference 16/123) in connection with a decision made on 18 May 2016 by the Portfolio Holder for Harbours, Assets, Coast and Flood Protection, and to determine whether to recommend that the Portfolio Holder amends the following decision:

 

Approval of the:

 

i. use of a proportion of the North Wharf, Scarborough Harbour, to be let as a

demise area for seating and tables in relation to operations which may be undertaken by future tenants of the former Sandside TIC building;

 

ii. submission of a planning application for change of use of the former Sandside TIC building, Scarborough, from A1/suis generis to A1, A3, A5 and incorporating the above portion of North Wharf for seating; and

 

iii. temporary letting of the TIC during the 2016 summer season or until such time as planning consents have been determined and the site marketed and let to a long term tenant.

 

The Cabinet Member’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).

 

The Call-In Form, Cabinet Member Decision, and the report to the Cabinet Member are attached.

Additional documents:

Minutes:

Members considered a report to the Portfolio Holder for Harbours, Assets, Coast and Flood Protection on the former tourist information centre (TIC), Sandside, Scarborough (ref. 16/123), which he had considered on 18 May 2016.  Members also considered the call-in document.  The Portfolio Holder had made the following decision to:

 

i.      Approve the use of a proportion of the North Wharf, Scarborough Harbour, to be let as a demise area for seating and tables in relation to operations which may be undertaken by future tenants of the former Sandside TIC building.

ii.    Approve the submission of a planning application for change of use of the former Sandside TIC building, Scarborough, from A1/suis generis to A1, A3, A5 and incorporating the above portion of North Wharf for seating.

iii.   Approve the temporary letting of the TIC during the 2016 summer season or until such time as planning consents have been determined and the site marketed and let to a long term tenant.

Councillor J Jefferson had called in the decision on 23 May 2016, and the call-in had been deemed urgent pursuant to Section 4.7 of the Constitution, Additional Overview and Scrutiny Committee Procedure Rules, paragraph 10 (vi).  The Overview and Scrutiny Board was required to determine whether to recommend to the Portfolio Holder that he amended his decision.

 

The Chairman reported the receipt of items of correspondence which had been circulated to all Board members prior to the meeting, namely an email of objection to the Portfolio Holder’s decision and illustrative photographs of Scarborough harbour from a Mr F Normandale, and an email of objection and illustrative photographs of Scarborough harbour from a Mr A Roberts.

 

The Chairman reminded members that any planning and development matters, and any previous decisions taken in respect of the TIC were not part of the call-in and therefore could not be discussed.  The Board’s remit was solely to consider the decision taken on 18 May 2016 which related to the potential change of use of the building and the area of land referred to in the report. 

 

Two members of the public who were harbour users had given due notice that they wished to speak in respect of the decision, and made the following key points:

 

Mr F Normandale said that the North Wharf was used for mooring the local fishing fleet, and that space was required harbourside for net-mending.  Visiting boats were usually positioned stern-on, and were frequently serviced by heavy goods vehicles on the harbour.  He reported that there was currently no other place on the harbour suitable or available for carrying out these activities.  He expressed concern that, should additional uses be granted for the TIC building, this would lead to encroachment upon the area currently used by the fishing industry, thus setting an unwelcome precedent for reducing the available working space.  He said that it was important to safeguard the harbour use for future generations. 

 

Mr R Roberts said that net-mending was a regular activity which required sufficient space.  ...  view the full minutes text for item 4.