Agenda and minutes

The Cabinet decision on the Heysham Gateway (Minute 38) taken by Cabinet on 6^th December 2016 has been requested to be called in by Councillors Caroline Jackson and Phillippa Williamson (Overview and Scrutiny Members) and by Councillors Dave Brookes, Roger Mace and Tim Hamilton-Cox. 

 This request was subsequently agreed by the Chief Executive. The decision has been called-in in accordance with Part 4 Section 5, Paragraph 16 of the Council’s Constitution. 

Councillor Janice Hanson (Cabinet Member with responsibility for Economic Regeneration and Planning) and Councillor James Leyshon (Cabinet Member with responsibility for Property), have been invited to attend to outline the basis on which the decision was made. 

Included in the agenda: 

 ·         Call-in Procedure

·         Cabinet minute extract

·         Call-in Notice

·         Report to Cabinet and Appendix

Members were advised that the Cabinet decision in relation to the Heysham Gateway - Cabinet Minute 38 had been called-in by the following 5 Members:

Councillors Caroline Jackson, Phillippa Williamson, Tim Hamilton-Cox, Roger Mace and Dave Brookes. 

Members were informed that the Call-in had been made on the basis that the decision had not been made in accordance with all the principles set out in Article 13 (Decision Making) of the Constitution, in particular :

(b)       Lack of, or insufficient consultation and the taking of professional advice from Officers. 

(d)        Lack of openness. 

(f)        Insufficient information about the options that were considered or the reasons for arriving at the decision. 

(g)        Other (reasons contained in the Call-in notice).

The Chairman outlined the procedure to be followed and invited the Councillors who had made the Call-in request to summarise the reasons for the Call-in. Councillor Jackson set out the reasons for the Call-in.

The Chairman invited Councillor Janice Hanson (Cabinet Member with responsibility for Economic Regeneration and Planning) and Councillor James Leyshon (Cabinet Member with responsibility for Property Services) to explain the reasons for the decision of Cabinet. 

The Chairman invited signatories to the Call-in to ask questions and Councillor Hanson, Councillor Leyshon, the Chief Officers (Regeneration & Planning) and (Resources) responded.

During the course of the questioning it became necessary to refer to the exempt background papers of the Cabinet report.

It was moved by Councillor Caroline Jackson and seconded by Councillor Phillippa Williamson:-

 “That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting on the grounds of the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

Resolved:

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting on the grounds of the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

The Chairman invited the signatories to the Call-in to continue to ask questions.

The Overview and Scrutiny Committee Members were then invited to ask questions and Councillor Hanson, Councillor Leyshon, the Chief Officers (Regeneration & Planning) and (Resources) responded.

The meeting adjourned at 7.20pm and re-convened at 7.40pm

to allow the Call-in signatories to confer.

It was proposed by Councillor Caroline Jackson and seconded by Councillor Roger Mace:-

That the Overview and Scrutiny Committee asks Cabinet to note:

(1)  Our belief that understanding of Cabinet’s decisions in relation to property development and disposal will be enhanced, and the need for calling-in decisions will be reduced, if additional information is shared with Overview and Scrutiny Members.

Therefore, when Cabinet is asked to approve the disposal of each parcel of land on Heysham Gateway, such additional information should include presentation of the development appraisals for purchasers.

(2)  Our interpretation of the reference in resolution 3 to “the principles at section 4.11 of the report” is that this is equivalent to “a decision in principle” and  ...  view the full minutes text for item 37.