Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 15th August, 2019 1.00 pm

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

Contact: Claire Tomenson 

Items
No. Item

30.

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.

31.

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.

32.

WIBSEY COMMUNITY GARDEN, WIBSEY PARK, WIBSEY, BRADFORD pdf icon PDF 82 KB

The Strategic Director, Corporate Services will present Document “L” in respect of the grant of a lease (for less than 7 years) of part of Wibsey Park known as Wibsey Community Garden that is owned by the Council in trust.

Recommended –

 

(1)       That the person who has provided the advice is believed to have the requisite ability and experience to provide competent advice on the proposed disposition.

 

(2)       That the terms of the lease are the best that can reasonably be obtained for the charity.

 

(Ben Middleton – 01274 439607)

 

Additional documents:

Decision:

Resolved –

 

(1)       That the person who has provided the advice is believed by the Trustees to have the requisite ability and experience to provide competent advice on the proposed disposition.

 

(2)       That the terms of the proposed lease are the best that can reasonably be obtained for the charity.

 

ACTION: Strategic Director, Corporate Resources

 

(Ben Middleton – 01274 439607)

Minutes:

The Strategic Director, Corporate Services presented Document “L” in respect of the grant of a lease (for less than 7 years) of part of Wibsey Park known as Wibsey Community Garden that is owned by the Council in trust.

 

The Council’s Solicitor who had prepared the legal appraisal presented the report and stated that in disposing of land the trustees had to comply with Section 120 of the Charities Act 2011 which stated that where the proposed disposition is the granting of a lease for a term ending not more than seven years after it is granted that the charity trustees must, before entering into an agreement for the lease:

 

(a)  obtain and consider the advice on the proposed disposition of a person who is reasonably believed by the trustees to have the requisite ability and practical experience to provide them with competent advice on the proposed disposition, and

(b)  decide that they are satisfied, having considered that person’s advice, that the terms on which the disposition is proposed to be made are the best that can reasonably be obtained for the charity.

 

He introduced Simon Hicks, of the Council’s Estate and Property Service to be such a person as referred to in (a) and (b) above, and informed Members that he had been a Chartered Surveyor since 1990.

 

He also outlined the tendering process which had considered three bids, from which Bradford Organics Composting Service had been chosen as the preferred lease holder for Wibsey Community Garden.  In response to a Member’s query, he clarified, with reference to paragraph 4 ix) of the report, that the organisation had recently changed its name from Bradford Organics Composting Service to Bradford Organic Communities Service Limited and that, if approved, the lease would be granted accordingly.

 

In response to a Member’s question it was explained that ‘advowson’ (as referred to in paragraph six of the report) meant the right of nomination or presentation to an ecclesiastical benefice.

 

A discussion took place about the tendering process during which it was explained that the lease had not been advertised but seven interested parties, which were all local community organisations or those with links to the local area, had been invited to tender and three bids had subsequently been received.  The Council’s Solicitor stated that Ward Councillors had been involved in the selection of the seven invitees to tender and the assessment of the applications received.

 

In response to a Member’s question, the Council’s Solicitor informed Members that the heads of terms, as outlined in paragraph 2.5 of the report, included a peppercorn rent for the first five years to allow the organisation a guaranteed period of time without incurring rent to develop its income streams and re-invest the income in its projects. 

 

Resolved –

 

(1)       That the person who has provided the advice is believed by the Trustees to have the requisite ability and experience to provide competent advice on the proposed disposition.

 

(2)       That the terms of the proposed lease are  ...  view the full minutes text for item 32.