Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 18th July, 2019 1.00 pm

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

Contact: Claire Tomenson 

Items
No. Item

20.

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 Former Allerton Library, 2-4 Greenbank Road, Allerton, Bradford (Minute 22), that he was currently involved with the establishment of a similar organisation in Haworth.

 

21.

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.

 

22.

FORMER ALLERTON LIBRARY, 2-4 GREENBANK ROAD, ALLERTON, BRADFORD pdf icon PDF 103 KB

Previous reference: Minute 55 (2018/19)

 

The Strategic Director, Corporate Resources will present a report (Document “H”) in respect of the proposed disposal of the former Allerton Library, 2- 4 Greenbank Road, Allerton, Bradford which is owned by a Trust of which the Council is the sole Trustee.

 

Recommended –

 

That Option 3, a Community Asset Transfer (CAT) Lease and Service Level Agreement be granted to ‘Rooted In’ subject to the following conditions:

 

(i)            That Heads of Terms be agreed.

(ii)          That ‘Rooted In’ take over temporary responsibility for the building on an interim lease of up to four years.

(iii)         That the Trustees and ‘Rooted In’ enter into an agreement for a long lease.

(iv)         That a long lease be prepared and completed provided that the terms of the agreement for the lease are met.

(v)          That a co-terminus Service Level Agreement be entered into to ensure ‘Rooted In’ manage the premises in a way that continues to support the Trust.

(vi)         That updates be presented to the Trustees every two years in relation to how the scheme works and how charitable objectives are being met.

 

(Nigel Gillatt – 01274 434224)

 

Additional documents:

Minutes:

Previous reference: Minute 55 (2018/19)

 

The Strategic Director, Corporate Resources presented Document “H” in respect of the proposed disposal of the former Allerton Library, 2-4 Greenbank Road, Allerton, Bradford which was owned by a Trust of which the Council was the sole Trustee.  Members noted that a report had been considered at the meeting held on 4 October 2018 and they had been informed of an expression of interest in the building from a local charity called Kidz Klub Allerton that was now called Rooted In.  In response to the Committee’s resolution, a business plan had been submitted that identified the building could provide a good community benefit, however, Rooted In currently did not have any capital funding.  The Strategic Director, Corporate Resources drew Members attention to the charity’s Statement of Purpose and the charitable purpose of the property.  He stated that the building did not have a lease value due to its condition and was, therefore, exempt from Section 119 (1) (c) of the Charities Act 2011.  The group had asked for a freehold lease of the building, however, a long lease would be preferable in order for greater control to be maintained.  Due to the issues regarding funds a short term lease had been proposed and a long lease agreement would be completed provided conditions were met.  A Service Level Agreement would ensure that Rooted In met the objective and aims of the Trust.

 

The Strategic Director, Corporate Resources then read out a statement from Rooted In which provided an update in relation to their funding and requested the freehold lease of the building.  He reiterated that a leasehold option would be offered and all responsibility for the building would pass to the group.

 

The City Solicitor then explained that when a lease over seven years was agreed, it may be prudent to ensure that the public were aware of the plans and there was a responsibility to advertise them.  He stated that an external independent surveyors report to confirm the value could be undertaken if Members wished.  In response the Strategic Director, Corporate Resources indicated that a view had been taken that the building would not be worth a great deal, so a survey would not be undertaken.

 

In response to questions, Members were informed that:

 

·         There were no issues in relation to the group, but the lack of funding had raised concerns, however, the interim lease would resolve the matter.

·         There would be a minimal risk to the Council.

·         A full lease would sit parallel to the interim lease and when specific triggers were hit it would be activated.

·         It was not appropriate to grant a long lease at present as the group may not receive funding and this would have to be ensured.

 

Resolved –

 

That Option 3, a Community Asset Transfer (CAT) Lease and Service Level Agreement be granted to ‘Rooted In’ subject to the following conditions:

 

(i)            That Heads of Terms be agreed.

(ii)          That ‘Rooted In’ take over temporary responsibility for the  ...  view the full minutes text for item 22.