Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 30th May, 2019 10.15 am

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

Contact: Claire Tomenson 

Items
No. Item

5.

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 Brown disclosed, in relation to the item concerning Bingley Science, Arts and Technical Trust School, Mornington Road, Bingley (Minute 7), that he had previously been employed as a special needs tutor in a college and was a member of the Harehill Trust..

 

In the interests of transparency, Councillor Wainwright disclosed, in relation to Bingley Science, Arts and Technical Trust School, Mornington Road, Bingley (Minute 7) that he was a Director and Trustee of the Bradford City Challenge Foundation.

 

ACTION:       City Solicitor

 

6.

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.

 

7.

BINGLEY SCIENCE, ARTS AND TECHNICAL TRUST SCHOOL, MORNINGTON ROAD, BINGLEY pdf icon PDF 101 KB

Following the sale of the former school in November 2018 the proceeds of sale are now held in a trust account by the Council as Corporate Trustees.

 

The City Solicitor will present a report (Document “B”) which invites the Trustees to review the current position and consider the options and recommendations detailed in the report for the allocation of the proceeds of sale which stand at two hundred and twenty six thousand pounds (£226,000.00).

 

Recommended –

 

Option 2 is recommended for approval and the other options are within the discretion of the Trustees. 

 

(All options are lawful and in the interests of the adults and children of Bingley as beneficiaries of the educational trust.)

 

(Richard Winter – 01274 434292)

Additional documents:

Minutes:

Following the sale of the former school in November 2018 the proceeds of sale were now held in a trust account by the Council as Corporate Trustees.

 

The City Solicitor presented a report (Document “B”) which invited the Trustees to review the current position and consider the options and recommendations detailed in the document for the allocation of the proceeds of sale which amounted to two hundred and twenty six thousand pounds (£226,000.00).  He explained that a legal process had been followed as the building had been a trust property and governed by trust deeds.  The purpose of the Trust was for the education of adults and children in the area known as the Bingley Improvement Area District (BIAD) and any award would have to be connected with education in the specified area.  Members were informed that the availability of the funds had been publicised and an invitation for expressions of interest for awards had been circulated.  The City Solicitor’s report clarified that some risk was attached to the funds, as the trust deed mentioned the possible repayment of a grant from HM Treasury in relation to the former school building as the land had been donated by local benefactors  and the advice from the Charity Commissioners suggested that reasonable provision be made for this eventuality.  He reiterated the legal advice detailed in the report and stated that the Trustees had to abide by the law.  A number of options were then presented for the Trustees’ consideration.

 

A Ward Councillor was present at the meeting and commented that:

 

·         The resource was welcomed and it was important that it was spent on education benefits.

·         The Legal criteria stated that as many people as possible should benefit from the funds.

·         Proposed option 2 was the most balanced, though it did not answer all the questions.

·         Detailed consideration would have to be given to which building would receive the investment.

·         The existing Council library in Bingley paid a peppercorn rent.

·         The Friends of Bingley Pool were hoping to undertake a Community Asset Transfer (CAT) during 2020.

·         Investment in the pool would provide advantages for many people.

·         The suggestions proposed by Bingley Town Council were reasonable and should be supported.

·         Option 2 should be supported subject to further refinement.

 

A Bingley Town Councillor was present and stated that:

 

·         How fixed was the BIAD area and could it be extended to the Town Council area?

·         It would be more relevant to use the area covered by the Town Council.

·         Would the legal, insurance and other costs be met by the Council?

·         Option 2 was preferable.

·         Bingley Town Council had not requested funding, but had submitted suggestions.

·         The Town Council could administer funds through a grant scheme.

·         Other applications may be received.

·         Option 3 would require a continued pot of money and the investment of returns would have to be investigated and reviewed.

 

A representative from the Down Syndrome Training and Support Service Ltd was present at the meeting and explained that:

 

·         Down syndrome  ...  view the full minutes text for item 7.