Agenda and minutes

To note the attendance at this meeting of any duly appointed Reserve Members.

Reserve Members may attend meetings:-

(i)                 to take the place of an ordinary Member for whom they are a reserve;

(ii)               where the ordinary Member will be absent for the whole of the meeting; and

(iii)             the meeting notes at the start of the meeting at the item ‘Reserves’ that the Reserve Member is or will be attending as a reserve;

(iv)              if a Reserve Member whose intention to attend has been noted arrives after the commencement of the meeting, then that Reserve Member can only act as a Member from the start of the next item of business on the agenda after his/her arrival.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Member:-

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Sub Committee;

(b)               all other Members present.

RESOLVED:  To note that the following interests were declared:

Agenda Item 5 – Call-in of the Decision of Cabinet Held on 17 November 2011: Whitchurch Pavilion and Playing Fields

Councillor Nana Asante declared a personal interest in that her church, on occasions, used the Whitchurch Playing Fields.  She would remain in the room to listen to the debate on this matter.

Councillors Marilyn Ashton and Barry Macleod-Cullinane declared personal interests in that they were Members of Cabinet in November 2008, when an initial report was submitted to it setting out options available to the Council on the replacement and/or refurbishment of Whitchurch Pavilion and the Playing Fields.  Additionally they were also Members of Cabinet when initial proposals had been submitted to Cabinet on the Harrow Leisure Centre and the Skatepark.  They would remain in the room to listen to the debate on this matter.

Councillors Margaret Davine and Brian Gate declared personal interests in that they were Members of Cabinet who had taken the decision on 17 November 2011.  They would remain in the room to listen to the debate on this matter.

Councillor Ann Gate declared a personal interest in that she was married to a Member of Cabinet who had taken a decision on 17 November 2011.  She would remain in the room whilst the matter was considered and voted upon.

Councillors Susan Hall and Paul Osborn declared personal interests in that they were Members of Cabinet in November 2008, when an initial report was submitted to it setting out options available to the Council on the replacement and/or refurbishment of Whitchurch Pavilion and the Playing Fields.  Additionally they were also Members of Cabinet when initial proposals had been submitted to Cabinet on Harrow Leisure Centre and the Skatepark.  They would remain in the room whilst the matter was considered and voted upon.

That the minutes of the meeting held on the 4^th May 2011 be taken as read and signed as a correct record.

RESOLVED: That the minutes of the meeting held on 4 May 2011, be taken as read and signed as a correct record.

The Chair drew attention to the document ‘Protocol for the Operation of the Call-In Sub-Committee’ which was included with the agenda papers and read paragraphs 5 and 8 to the meeting.  The Chairman outlined the procedure to be followed at the meeting and explained that in accordance with Committee Procedure Rule 46.5, a notice seeking to invoke the call-in procedure must state at least one of the following grounds in support of the request for a call?in of the decision:-

(a)               inadequate consultation with stakeholders prior to the decision;

(b)               the absence of adequate evidence on which to base a decision;

(c)               the decision is contrary to the policy framework, or contrary to, or not wholly in accordance with the budget framework;

(d)               the action is not proportionate to the desired outcome;

(e)               a potential human rights challenge;

(f)                 insufficient consideration of legal and financial advice.

The following documents are attached:-

a)           Notice invoking the Call-in

b)           Minutes of the Cabinet Meeting held on 17 November 2011

c)            Report and tabled documentation submitted to the Cabinet Meeting held on 17 November 2011

The Chairman welcomed to the meeting, Mr Stephen Lewis and other residents who were signatories to the Call-in notice.  He also welcomed the Portfolio Holder for Property and Major Contracts, who was in attendance to respond to the call-in, the Corporate Director Place Shaping and the Head of Corporate Estate.

In accordance with Committee Rule 4.1.1, the Sub-Committee agreed that Councillor Barry Macleod-Cullinane could speak at the meeting.

Mr Lewis confirmed that their call-in related to the decision made by Cabinet on the Whitchurch Pavilion and Playing Fields taken on 17 November 2011.  They also confirmed that the basis of their reasons for call-in related to grounds a and b of the Protocol, namely that there was inadequate consultation with stakeholders prior to the decision and there was an absence of adequate evidence on which to base the decision.

Mr Lewis and Councillor Macleod-Cullinane outlined their reasons relating to each of the grounds raised in the call-in notice.  During the course of their presentation, they raised the following issues:

·                     there had been a lack of consultation stretching back to 2008/09 when the proposals had been initially discussed.  Very few residents had received a leaflet relating to a presentation on the future of the Pavilion and Playing Fields and additionally in their view, had received nothing from the Council on this issue;

·                     it was believed that a new stage of consultation was required.  There had been a number of socio-economic factors which had changed since 2009;

·                     wide ranging consultation was required for this project which should involve all local residents and Ward Councillors.  Local residents and Ward Councillors had not been consulted as part of this process;

·                     senior officers within the Council had confirmed that consultation with Ward Councillors had not taken place.  The report to Cabinet had incorrectly stated that this had occurred.  Ward Councillors had not been asked for their view, which had been acknowledged by the Corporate Director Place Shaping in writing;

·                     the Council had not followed its principles of decision making and it had not given due consideration to relevant professional advice;

·                     there was inadequate evidence to base the decision on as an initial presentation was conducted in 2009.  There was no clear evidence to show that there had been consideration to further issues that may have arisen between 2009 and this current stage;

·                     there had not been a demonstration of robustness in the details within the report presented to Cabinet.  Additionally questions had been submitted to the Portfolio Holder at the Cabinet meeting on 17 November 2011, for which answers had only been received after the call-in notice period had expired.  In their view, as these answers should have been prepared for the meeting this demonstrated that they had not been robust in their consideration to a change in the evidence base;

In conclusion the representative of the signatories stated that there had been no consultation with relevant local residents, it was unlikely that the development would meet the needs of the local community and their  ...  view the full minutes text for item 12.

In accordance with the provisions of Committee Procedure Rule 14 (Part 4B of the Constitution) an extension of time was agreed.

RESOLVED:  At 9.58 pm to continue in the normal manner and complete the business remaining on the agenda.