Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 5th March, 2020 1.30 pm

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

Contact: Yusuf Patel 

Items
No. Item

74.

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. 

 

75.

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. 

 

76.

Morton War Memorial Institute – The British School Charity pdf icon PDF 157 KB

The Council is Trustee of the British School Charity property known as the Morton War Memorial Institute which is occupied by the Morton War Memorial Institute Charity. It is proposed that notice is served to enable the terms of occupation to be updated in writing, through negotiations for a lease

 

The Director of Corporate Resources will submit a report (Document “AH”) which seeks approval of the Council as Trustee to serve the relevant notice to
terminate the current annual periodic tenancy where there is no written tenancy agreement in order to facilitate the negotiations for a new tenancy in writing. The negotiations will be carried out “subject to contract/lease” and “subject to approval of the Council as Trustee”.

 

Recommended –

 

That Option 2 is recommended to serve notice to terminate the current tenancy and negotiate terms with the Morton War Memorial Institute Charity, those terms to be considered by the Trustees prior to the granting of a new written lease.

 

(Nigel Gillatt Senior - 01274 434224)

Additional documents:

Minutes:

The Council is Trustee of the British School Charity property known as the Morton War Memorial Institute which is occupied by the Morton War Memorial Institute Charity. It is proposed that notice is served to enable the terms of occupation to be updated in writing, through negotiations for a lease

 

The Director of Corporate Resources submitted a report (Document “AH”) which sought approval of the Council as Trustee to serve the relevant notice to terminate the current annual periodic tenancy where there is no written tenancy agreement in order to facilitate the negotiations for a new tenancy in writing. The negotiations will be carried out “subject to contract/lease” and “subject to approval of the Council as Trustee”.

 

The Senior Estates Surveyor explained that while the Institute was well run, no formal written lease agreement was in place and it was important to establish responsibility for running of the building.  He alluded to the backlog maintenance affecting the building, particularly in relation to the external works and that by moving to a lease agreement other funding avenues could be explored.

In response to a question on consultation it was stated that no public consultation had taken place on the proposed changes, but just a discussion with the Memorial Hall trustees.

A Ward Councillor was present at the meeting and she stated this was not your typical village hall and that it had been well maintained by the Institute, was well run and provided a plethora of activities for the benefit of the village and surrounding area, and she urged that the Trustees agree to maintaining the status quo for at lease another 12 months to allow for a full consultation to take place on the options, otherwise the good will of the community would be lost.

The Vice Chair of the Institute was also present and stated that the building had been well maintained and that the Charity had relied on donations for the upkeep of the building, however this proposal would place an extra burden and create a financial liability in the long run, and he urged that Council works closely with the trustees to come up with a more viable solution.

During the discussion Members were keen to ensure that further consultations take place with the trustees of the Institute to come up with a workable solution before any termination of the lease is considered, and it was therefore:

Resolved –

 

That officers undertake further consultation with the trustees of the Morton War Memorial Institute and Ward Councillors with a view to identifying suitable options, and a viable plan on the future arrangements for the lease.  The current occupation arrangements are to continue to at least 31 March 2022 and officers are to report back on progress prior to serving notice.

 

ACTION: Director of Corporate Services