Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 7th March, 2019 1.30 pm

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

Contact: Claire Tomenson 

Items
No. Item

90.

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:

No disclosures of interest in matters under consideration were received.

 

91.

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. 

 

(Claire Tomenson - 01274 432457)

Minutes:

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

 

92.

CHAPEL LANE ALLOTMENTS, ALLERTON, BRADFORD pdf icon PDF 87 KB

The Strategic Director, Corporate Resources will present a report (Document “AQ) in relation to the self-management of Chapel Lane Allotments, Allerton, Bradford, which is owned by a Trust of which the Council is the sole Trustee,  by the Allerton Allotment Association.

 

Recommended –

 

That the following options be considered:

 

(1)       Option 1, no change to the existing arrangements; or

 

(2)       Option 4, to grant a Service Level Agreement to the Association.

 

 

(Nigel Gillatt – 01274 434224)

Additional documents:

Decision:

Resolved –

 

(1)          That Option 4, to grant a Service Level Agreement to the Chapel Lane Allotment Association, be approved.

 

(2)          That the Strategic Director, Corporate Resources be requested to explore the feasibility and possibilities in respect of restructuring the two Charities into separate park and allotment trusts.

 

ACTION:       Strategic Director, Corporate Resources

 

(Nigel Gillatt – 01274 434224)

 

Minutes:

The Strategic Director, Corporate Resources presented a report (Document “AQ”) in relation to the self-management of Chapel Lane Allotments, Allerton, Bradford, which the Council owned as Charitable Trustees.  The Council as Trustee was currently assisted by the Allerton Allotment Association in running the trust allotments.

 

The Strategic Director, Corporate Resources explained that the allotments were part of a larger area of land that was held in Trust by the Council for two charities for the purpose of public recreation and allotment gardens.  He reported that a request for a Community Asset Transfer (CAT) had been submitted by Chapel Lane Allotment Association, who managed and maintained the site and this had been progressed until it had been identified that the land was held in Trust.  Members were informed that the Association had improved the site and a CAT would enable them to fully self manage the allotments.  The Strategic Director, Corporate Resources highlighted a number of options available to the Trustees as a way forward, however, he confirmed that the Association did not want to become a charitable trust due to the cost and work associated with this.  It would also be difficult to grant a long lease, as the land was split between two charities.  In conclusion it was recommended that a Service Level Agreement be granted to the Association, which would allow them to run the allotments in accordance with the aims of the Trust.

 

In response to a number of questions from Members, the City Solicitor, acting on behalf of the Trustee confirmed that a ‘disposal’, i.e. a sale or lease longer than seven years, of the site would likely damage the existing Trusts and a CAT lease granted over seven years would be classed as a disposal by the Charity Commission.  He indicated that the best way forward would be to retain the status quo or undertake a Service Level Agreement.  The splitting of the Trust land via a disposal would also be an issue, as it would not benefit the on-going Trust as a whole.

 

A representative of the Chapel Lane Allotment Association addressed the Committee and explained that a great deal of work had been undertaken by the Association in order to improve the site over the past 10 years.  Members noted that the site had won a best allotment award in 2015, it had a shared poly tunnel, paths and hedges were maintained and there were bee hives and a wildlife garden.  Income from the site totalled £1700 per year, which was a significant amount for the Association, as it could be used to provide toilet facilities and more work with the community could be undertaken.  The Association’s representative stated that if they became responsible for the site they would be able to make the funds go further and allow the Council’s Allotments team to focus on other problem sites.  They had public liability insurance and were ready to take on the responsibility of managing the site. 

 

During the discussion a  ...  view the full minutes text for item 92.