Agenda and minutes

Apologies for absence were received from Councillors Acomb, Hawkins, Raper and Spencer.

Question 1

The following question was submitted by Nicholas Brooksbank.

“The sale of Wentworth Street Car Park will provide short term financial benefits. Planning applications are to be made shortly for the livestock market and Showfield sites. Since planning considerations for all these sites affect the future of Malton and its neighbouring communities, will the Council make an unequivocal commitment to adopt a timetable which will allow for all three sites to be fully and impartially evaluated?”

The Chairman thanked Mr Brooksbank for his question and replied that:

“The Council is considering sale of the Wentworth Street site at this meeting only as owner of the land. In its separate role as Local Planning Authority it has a duty to consider and determine planning applications as and when they are received and validated. A Local Planning Authority cannot predict when applications for development will be received and it is not the role of the Local Planning Authority to insist that applications for development are submitted in a manner which would allow them to be considered simultaneously. The Council cannot make a commitment to a course of action that is beyond its ability to control and, therefore, cannot make an unequivocal commitment to adopt a timetable which would allow for all three of the sites to be fully and impartially evaluated.

All planning applications are determined on their own merits in accordance with the Development Plan unless material considerations indicate otherwise. National planning policy in PPS 4 will be applied and sequential and impact assessments will be required to accompany proposals.”

Question 2

The following question was raised by Mr R J G Bushell for Fitzwilliam Malton Estate

“Ryedale District Council has had a letter from Pinsent Masons relevant to this meeting. What is the answer to the questions Pinsent Masons have asked and if RDC are unable to provide an answer to the matters raised in Pinsent Masons’ letter then how can Ryedale District Council reasonably consider that it is capable of making a lawful decision in respect of this matter this evening?”

The Chairman thanked Mr Bushell for his question and replied that:

“Ryedale District Council received a letter on the afternoon of 15 November 2010 from Pinsent Masons acting on behalf of the Fitzwilliam (Malton) Estate who are significant landowners in the town centre of Malton.

Pinsent’s letter raises issues which have already been considered during the current process and which will continue to be kept under review if it is decided to move forward with the recommendation. The Council are responding to Pinsents in writing in terms of the following:

Pinsent’s correspondence suggests that the Council may be embarking on a decision making process for disposal of Wentworth Street car park which is in breach of Public Procurement Rules on the basis that the disposal is not a land sale but a public works contract.

They reference OGC Guidance which states that:-

“Contracting authorities should take care to avoid a situation where a general invitation becomes or  ...  view the full minutes text for item 63.

Members to indicate whether they will be declaring any interests under the Code of Conduct.

Members making a declaration of interest at a meeting of a Committee or Council are required to disclose the existence and nature of that interest.  This requirement is not discharged by merely declaring a personal interest without further explanation.

In accordance with the Members’ Code of Conduct the following declarations of interest were received:

Councillor Mrs Shields declared a personal interest in the item as she had spoken publicly against the proposal.

Councillor Mrs Burr declared a personal interest in the item as she had expressed views in the paper and also owned property and businesses in Malton and Norton.

Councillor Andrews declared a personal interest in the item as he meets local businesses on a regular basis and expressed views in the paper.

Councillor Mrs Cowan declared a personal interest in the item as she had written a letter to the paper.

Councillor Clark declared a personal interest in the item as he had written an article and been lobbied.

Councillor Arnold declared a personal interest in the item as a member of CAB and Malton Scouts and as he had been lobbied.

Councillor Legard declared a personal interest in the item as he had property interests in the town.

Councillor Knaggs declared a personal interest in the item as he had had several meetings and discussions with people who would be affected by the decision and also been lobbied.

Councillor Cottam declared a personal interest in the item as he had been lobbied.

Councillor Wainwright declared a personal interest in the item as Council representative for RVA.

Councillor Mrs Arnold declared a personal interest in the item as a member of North Yorkshire County Council and Malton Scouts and also having been lobbied.

The Head of Economy and Housing gave a detailed statement, which provided an overview of the report which had previously been circulated.

The Council Solicitor specifically advised Members of Council to note that the recommendations in the report before them are without prejudice to the consideration of the future use of Wentworth Street Car park through the LDF process or as a result of the submission and determination of a planning application.

The Council Solicitor advised Members of Council that in considering the report before them it was important to distinguish the following two separate and distinct statutory roles of Ryedale District Council:-

(i) The role of Ryedale District Council as the Local Planning Authority with the statutory responsibility to progress the Local Development Framework in accordance with the law and dealing with planning applications when received.

(ii) The role of Ryedale District Council as a land owner in relation to Wentworth Street Car Park, Malton. This was the subject of the report before Members that evening. Members were further advised that local authorities have a responsibility to ensure that assets held in public ownership benefit the Council taxpayers and local communities.

Accordingly in considering the report before it, the Council  was not discharging the Council’s role as a Local Planning Authority but it was discharging the role of the Council as a land owner of Wentworth Street Car park. The Council  was not therefore making any Planning decisions.

It was moved by Councillor Knaggs and seconded by Councillor Wainwright that the following recommendation be approved:

That Council is recommended:

i)       to approve, subject to the grant of planning permission, the disposal of land at Wentworth Street, Malton (see Annex A);

ii)      to approve acceptance, subject to contract, of submission X, which includes the following key elements:

a.    Anticipated gross receipt:

×             Of not less than £5m (to be determined dependent upon final planning approval and taking into account such matters as size of store, developer contributions, off-site improvements) payable upon grant of an implementable planning consent and an overage sum of 50% of the development profit after deduction of a 12.5% developers priority return paid after completion of the development

b.    Development proposed:

×             A proposal which was adjudged as being capable of delivery to ensure a capital receipt and which includes those key elements as outlined at paragraph 8.3 and the approach outlined in 8.4 of this report. Members should be aware that the proposal is conditional upon revised car parking arrangements for the Council’s retained upper-deck area which include free parking for the first 3 hours.

c.    Reasonable prospects of delivery to ensure capital receipt including:

×             Clear understanding and experience of the development process

×             Appropriate financial standing

×             Appropriate and realistic timetable

iii)     to approve as a reserve, in the event that legal documentation has not been concluded with that party in a reasonable time, acceptance, subject to contract and grant of planning permission, of submission Y;

iv)     to authorise the officers to  ...  view the full minutes text for item 65.