Commercial Assets Sub-Committee
Decisions taken at the meeting held on Monday, 5 August 2024.
Meeting Time:
1.30 pm
Meeting Venue:
Council Chamber, Council Offices, Knowle Green, Staines-upon-Thames TW18 1XB
PRESENT: Councillor Lawrence Nichols (Chair), Councillor Sean Beatty (Vice-Chair), Councillor Rose Chandler and Councillor Denise Saliagopoulos
1. Apologies for absence & substitutions |
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Apologies were received from Councillor Gale and Councillor Williams. Councillor Beecher attended as substitute for Councillor Gale. |
2. Minutes |
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The minutes of the meeting held on 01 July 2024 were agreed as a correct record. |
3. Disclosure of Interest |
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Councillor Nichols advised that he was a Director of Knowle Green Estates Limited. |
5. Urgent Actions |
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6. Forward Plan |
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7. Exclusion of Public and Press (Exempt Business) |
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It was proposed by Councillor Beatty, seconded by Councillor Beecher and resolved to exclude the public and press for the following agenda items, in accordance with paragraph 3 of part 1 of Schedule 12A of the Local Government Act 1972 (as amended) because it was likely to disclose information relating to the financial or business affairs of any particular person (including the authority holding that information) and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in being able to undertake even-handed negotiations and finalizing acceptable contract terms. |
8. Ashford Football Ground Surrender and New Lease |
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The Sub-Committee resolved to agree the recommendations as set out in the report. |
9. New Letting 13th Floor Thames Tower |
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The Sub-Committee resolved to agree the recommendations as set out in the report. |
10. Commercial Portfolio Update |
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The Sub-Committee resolved to note the update. |
NOTES:-
(1) Members are reminded that the “call-in” procedure as set out in Part 4b of the Constitution, shall not apply to the following matters:
(a) Urgent decisions as defined in Paragraph 9. of the Call-in Scrutiny Procedure Rules;
(b) Decisions to award a contract following a lawful procurement process;
(c) Those decisions:
i. reserved to full Council
ii. on regulatory matters
iii. on member conduct issues.
(2) Those matters to which Note (1) applies, if any, are identified with an asterisk [*] in the above Minutes.
(3) Within three working days of the date on which this decision is published, not less than three members from two or more political groups by submission of the standard call-in pro-forma, may ask for that decision to be referred to a meeting of the Corporate Policy and Resources Committee for review (call-in). The completed pro-forma must be received by the Proper Officer by 5pm three working days after publication of the decision.
(4) The members exercising the right of call-in must not be members of the Committee which considered the matter.
(5) When calling in a decision for review the members doing so must demonstrate the following exceptional circumstances:
a. Evidence which suggests that the decision maker, did not take the decision in accordance with the principles set out in Article 11 (Decision Making); or
b. Evidence that the decision fails to support one or more of the Council’s Corporate Plan priorities to the detriment of the majority of the Borough’s residents; or
c. Evidence that explicit Council Policy or legal requirements were disregarded.
(6) Once the request for ‘call-in’ has been deemed valid by the Monitoring Officer the matter will be suspended until the call-in procedure has been exhausted.
(7) The Chief Executive, in consultation with the relevant officer, will determine if the interests of the Council or Borough would be prejudiced by a delay in implementing a decision such that the call-in cannot wait until the next ordinary meeting of the Corporate Policy and Resources Committee.
(8) Where the call-in cannot wait until the next ordinary meeting, the Monitoring Officer will arrange an extraordinary meeting of the Corporate Policy and Resources Committee to review the decision subject to call-in at the earliest possible opportunity.
(9) In exceptional cases, where there is clear evidence that a delay to the implementation of a decision would lead to a specific and significant financial or reputational harm to the Council, a call-in request may be refused by the Chief Executive following consultation with the Chair and Vice-Chair of Corporate Policy and Resources Committee.
(10) In reviewing a matter referred to it under the call-in scrutiny procedure rules, the Corporate Policy and Resources Committee shall follow the procedure for dealing with call-in scrutiny at its meetings as set out in Part 4b of the Constitution.
(11) The deadline of three working days for "call in" in relation to the above decisions by the Committee is the close of business on 08/08/2024