Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 19th July, 2018 2.30 pm

Venue: the Banqueting Hall - City Hall, Bradford. View directions

Contact: Sheila Farnhill 

Items
No. Item

26.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from Members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the Member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

Minutes:

In the interests of transparency, Councillor Pollard disclosed that he had been contacted by a number of Baildon residents in relation to the item relating to Northcliffe Park, Shipley (Minute 29); he had passed the matter on to one of the other Ward Councillors to respond.

 

In the interests of transparency, Councillors Amran, Cooke, Wainwright and Warburton disclosed that they had been in receipt of a number of emails from interested parties in respect of the item relating to Northcliffe Park, Shipley (Minute 29) but had not expressed an opinion on the issue.

27.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Sheila Farnhill - 01274 432268)

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents.

 

NO ACTION

 

28.

LITTLEMOOR PARK, QUEENSBURY, BRADFORD pdf icon PDF 306 KB

The Strategic Director – Place will present a report (Document “O”) which seeks permission to approach the Charity Commission for a scheme to allow the potential construction of a crematorium and associated works on land at Littlemoor Park, Queensbury, Bradford.

 

Littlemoor Park (otherwise known as Foster Park) is a registered charity (519426) of which the Council is the sole Trustee.

 

Recommended –

 

(1)       That the Strategic Director – Place approach the Charity Commission in respect of a scheme for the potential construction of a crematorium and associated works at Littlemoor Park, Queensbury, Bradford.

 

(2)       That the Strategic Director – Place be requested to submit a further report to the Committee, in due course, in respect of the Charity Commission’s response and the Bereavement Service’s proposals for the site.

 

                                                            (Phil Barker – 01274 – 432616)

 

 

Additional documents:

Minutes:

The Strategic Director – Place presented a report (Document “O”) which sought the Trustee’s permission to approach the Charity Commission to apply for a scheme in respect of the potential disposal of part of Littlemoor Park, Queensbury, Bradford.

 

He explained that the request had been forthcoming further to approval of the Council’s Bereavement Strategy. Feasibility studies were being undertaken in respect of five potential sites across the district, of which this was one, to allow the construction of two new crematoria and associated works.

 

The report explained that Littlemoor Park (otherwise known as Foster Park) was a registered charity (519426) of which the Council was the sole Trustee. Its charitable objectives were ‘for the purpose of a public park and recreation ground for the benefit and use of the inhabitants of Queensbury and the public and to be associated with the Silver Jubilee of his late Majesty King George the Fifth and in memory of the said Herbert Anderton Foster’.

 

Independent legal advice had been sought to advise the Trustees on their obligations and a summary was set out in the report (the full advice was appended to the report as Not for Publication Appendix C). This explained that unless the disposal of the property (or part of the property) to the Council was sanctioned by a Charity Commission Scheme then an Order of the Charity Commission would be required (under Section 118 of the Charities Act 2011). This was due to the Council being a ‘connected person’ and thus there being a conflict of interest. The advice also reminded the Trustees that they had to act in the best interests of the Trust.

 

In response to questions from the Trustees, the Strategic Director and the City Solicitor said that:

 

·         The understanding was that any scheme to dispose of the land could not be drawn up until the Charity Commission had been consulted and the Charity Commission could not be consulted until the agreement of the Trustees was obtained.

·         The Charity Commission may ask how the Trust intended to use any funds arising from the disposal of the land.

 

The Trustees commented that:

 

·         In order to get to the point of disposal the Trustees had to be comfortable that the disposal of any part of the park would be in the interests of the beneficiaries of the Trust ie the people of Queensbury. There was a need to be clear that there would be a benefit for the people of Queensbury before an approach was made to the Charity Commission.

·         Any benefit would arise from the value of the land; this could be established without permission being required from the Charity Commission. The benefits would be established from knowing how much the land was worth and whether that was enough to provide another facility for the people of Queensbury.

·         At this stage this was purely an appraisal of the possibilities and the viability.

·         The proposal was considered to be a non-starter; the land had been bequeathed as an  ...  view the full minutes text for item 28.

29.

NORTHCLIFFE PARK, SHIPLEY, BRADFORD pdf icon PDF 264 KB

The Strategic Director – Place will present a report (Document “P”) which seeks permission to approach the Charity Commission for a scheme to allow the potential construction of a crematorium and associated works on land at Northcliffe Park, Shipley, Bradford.

 

Northcliffe Park (also known as Norman Rae Playing Fields) is a registered charity (515034) of which the Council is the sole Trustee.

 

Recommended –

 

(1)       That the Strategic Director – Place approach the Charity Commission in respect of a scheme for the potential construction of a crematorium and associated works at Northcliffe Park (Norman Rae Playing Fields), Shipley, Bradford.

 

(2)       That the Strategic Director – Place be requested to submit a further report to the Committee, in due course, in respect of the Charity Commission’s response and the Bereavement Service’s proposals for the site.

 

                                                            (Phil Barker – 01274 – 432616)

 

 

 

Additional documents:

Minutes:

The Strategic Director – Place presented a report (Document “P”) which sought the Trustee’s permission to approach the Charity Commission to apply for a scheme in respect of the potential disposal of land at Northcliffe Park, Shipley.

 

The request had been forthcoming further to approval of the Council’s Bereavement Strategy. Feasibility studies were being undertaken in respect of five potential sites across the district, of which this was one, to allow the construction of two new crematoria and associated works.

 

The report explained that Northcliffe Park (also known as Norman Rae Playing Fields) was a registered charity (515034) of which the Council was the sole Trustee.

 

One of the Trustees noted that the deed in respect of this Trust was even more specific than that for the previous item relating to Littlemoor Park.

 

The Ward Councillors were in attendance at the meeting and made the following comments:

 

·         It was necessary to clarify, in respect of the reference to income in the Deed that this referred to income from rent or hiring out not from sale of the land.

·         It was considered that any consultation would be a waste of time and effort; the result could be foretold now.

·         The Trustees should refuse the proposal outright.

 

·         This matter was being considered in the context of building a crematorium.

·         The Deed was very clear, stating.. ‘all lands and woodlands in perpetuity solely and entirely as an open space’. The benefit was tied directly to recreational purposes.

·         The Trustees had a duty to abide by this; there was no need to consult.

·         Income was subservient to these instructions and related to that achieved through recreational purposes not disposal of part of the park.

 

·         The Deed contained clear instructions in respect of use for recreation and open space. The wording relating to it not being used for the purpose of profit worked in favour of not proceeding with this proposal.

·         Use for cremation would not fulfil the Trust’s objectives.

·         The need for a new crematorium was understood but this should not be pursued on the basis of using Northcliffe Park.

·         The Local Government Association (LGA) guidelines stated that Council’s must insure that the purpose of a Trust was followed.

·         The word ‘Trustee’ meant ‘to care’.

·         The Council had a conflict of interest.

·         The land must be available for the public at large.

·         Trustees must be independent and must act in the interests of the charity not the Council.

·         Had the Trustees visited the park? It was a very diverse, well loved and well used space close to the heart of all in Shipley and the fact that it had been gifted to the community was known by everyone.

·         A petition, of 1300 signatures, had been gathered in a matter of days.

·         The crematorium proposal would remove a large part of the park and make the remaining land less pleasant.

·         The proposal would also impact on wildlife and there were issues in relation to the Green Belt.

·         This proposal should be a ‘no-go’.  ...  view the full minutes text for item 29.