Agenda, decisions and minutes
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Contact: Marcus Prouse Email: m.prouse@somersetwestandtaunton.gov.uk and Clare Rendell Email: c.rendell@somersetwestandtaunton.gov.uk
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Apologies
To receive any apologies for absence. Additional documents: Minutes: Apologies were received from Councillors M Barr, C Morgan, S Pugsley and T Venner. |
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Declarations of Interest
To receive and note any declarations of disclosable pecuniary or prejudicial or personal interests in respect of any matters included on the agenda for consideration at this meeting.
(The personal interests of Councillors and Clerks of Somerset County Council, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.) Additional documents: Minutes: Members present at the meeting declared the following personal interests in their capacity as a Councillor or Clerk of a County, Town or Parish Council or any other Local Authority:-
The following Councillors further declared a personal interest:- Councillor I Aldridge as an elected governor for the NHS Trust that covered Musgrove Park Hospital. Councillor S Coles as he was currently undergoing cancer treatment at Musgrove Park Hospital. Councillor C Ellis as her husband had spoken during public question time. Councillor H Farbahi as he had attended the Planning Committee when the application on Maggie’s was decided and had spoken against the application. Councillor R Habgood as he had spoken to the campaigners who were against the development. Councillor J Hunt as he was the County Ward Member for the Bishops Hull area which covered Galmington and he had attended the ... view the full minutes text for item 90. |
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Public Participation - To receive only in relation to the business for which the Extraordinary Meeting has been called any questions, statements or petitions from the public in accordance with Council Procedure Rules 14,15 and 16
The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.
For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.
Temporary measures during the Coronavirus Pandemic Due to the Government guidance on measures to reduce the transmission of coronavirus (COVID-19), we will holding meetings in a virtual manner which will be live webcast on our website. Members of the public will still be able to register to speak and ask questions, which will then be read out by the Governance and Democracy Case Manager during Public Question Time and will either be answered by the Chair of the Committee, or the relevant Portfolio Holder, or be followed up with a written response. Additional documents: Minutes: Mrs Janet Reed spoke on agenda item 7, Sale of a portion of Galmington Playing Fields land. Can I request that every member of the Council act in a responsible and empathetic manner regarding Maggie’s Approved Planning Application. One in three of us will unfortunately get cancer in our lifetime, and the assistance of this great charity would help many. It only requires approximately five per cent of Galmington Playing Fields and the benefits definitely outweigh this loss. I do realise there is a covenant on this land and if necessary I believe that this could be changed to protect the remainder of the field. Please think carefully before you vote. Regards Janet Reed.
Mr Andrew Sharman spoke on agenda item 7, Sale of a portion of Galmington Playing Fields land. On behalf of residents and park communities across the country, we welcome tonight’s discussion on whether or not our park and its restrictive covenant are to be protected. The trauma of the decision of “in principle” has been inflicted upon our community for nine long years and it is finally within the power of the authority to deliver an early Christmas present to us all by preventing the desecration of our public green spaces. As you all embark on your deliberations, we remind you that there are two key issues here, both bearing no relation to the noble intent of the property developers that need to be resolved. The first issue is the environmental precedent set if this council decides that covenants are not to be adhered to. Andrew Hamilton-Gault had the vision in 1931 to recognise that recreational ground in the town was sparse so set about gifting a lasting legacy that many of us still benefit from today. If this council proceeds to disregard his express wish and allow this development to proceed, similar protective covenants will fail and across this country developers will exploit the precedent set by this authority. Given this authority has rightly recognised that we are in a climate and environmental emergency, and that it promised to be “planet positive” does it want the ignominy of being known as the Council that set such an ugly process in motion? We know that this entire process has been flawed from the off, there has been no formal consultation with residents, promises of a new “playground” proven by the council’s own officers to be false as the monies promised “wouldn’t cover the cost of moving the existing equipment”, and the intransigence of the developer when we sought compromise means that to proceed will be reckless. The result of which is an Under 5s playground that has been left to rot and neglected for over 9 years. We understand that the Council is acting on legal advice, hidden due to legal privilege, stating “the covenant” is not legally binding, we remind all to proceed with caution as with any legal advice it is not until the matter has been decided by a Judge that ... view the full minutes text for item 91. |
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To receive any communications or announcements from the Chair of the Council
Additional documents: Minutes: The Chair of the Council made the following announcements:- · She reminded Councillors to be respectful to one another during the meeting. · She gave information on how to support the local food banks and other organisations over the festive season. |
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To receive any communications or announcements from the Leader of the Council
Additional documents: Minutes: There were no announcements from the Leader. |
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To receive only in relation to the business for which the Extraordinary Meeting has been called any questions from Councillors in accordance with Council Procedure Rule 13
Additional documents: Minutes: The Chair advised Councillors that no questions had been received under Procedure Rule 13. |
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Sale of a portion of Galmington Playing Fields land
This matter is the responsibility of Executive Councillor Federica Smith-Roberts, Leader of the Council
The purpose of the report is for Full Council to consider this matter and make a final decision as to whether it wishes to proceed with the sale. Additional documents: Decision: Recommendations:- That Full Council resolves to authorise Officers: 2.1.1 to discuss the terms of a lease of land at Galmington Playing Fields (as shown in Appendix D – Land Requirement) to Maggie’s for the purpose of a new cancer support centre; and if so 2.1.2 to report back to Full Council following statutory publication of the disposal for consideration of any representations received and a final decision on disposal; and 2.1.3 to investigate placing the remaining land into trust.
The Motion was lost as follows:- 44 against, 5 for and 2 abstentions. Minutes: Councillors were advised of the following before the debate took place:- The local authority, i.e. the corporate body was the sole trustee. Individual Councillors were not ‘trustees’ but the management of the charity was the responsibility of the Council as a whole and responsibility and oversight rested with the Councillors.
During the discussion, the following points were raised:- · The Leader proposed an amendment to recommendation 2.1.1, as follows:- To discuss the terms of a lease of parcel of land at Galmington Playing Fields (as shown in Appendix D – Land Requirement) to Maggie’s for the purpose of a new cancer centre. · This was accepted by the seconder, Councillor Benet Allen. · Councillors requested clarification as they thought the decision made in 2011 had been made by Full Council which was why the report had come to Full Council now. However, it appeared that the Executive made the last decision, so they queried which procedure was correct. The Leader advised that the decision made in 2011 was made ‘in principle’ and any final decision needed to be taken by Full Council. The 2011 decision was not binding and so Councillors were being asked to look at the new recommendations and decide whether they supported them or not. The Leader clarified that a lease was still classed as a disposal of land. · Councillors agreed that it was a difficult decision to make. · Some Councillors suggested that the disposal of land would be best for the wider community as the use of a cancer treatment centre outweighed the use of the small section of the playing field. · Concern was raised that if Full Council allowed the development on a section of the playing field, it would set a precedent for other playing fields. · Many Councillors understood the importance of the treatment centre but felt they must support the community to protect the playing fields from development. · Many Councillors suggested alternative sites within Taunton to build the treatment centre. The Leader gave the reasons as to why alternative sites were not feasible for the treatment centre. The reasons were included in section 5.3 of the report. · The Legal Officer gave clarification on the financial situation on the lease and the disposal of land and the relocation of the play area. · Concern was raised on any resource being spent on investigating alternative sites. · Concern was raised that Councillors had not seen all the legal documents on the report as they had been kept under legal privilege and that this was the first time the charity had discussed any disposal of land. The Director for Internal Operations advised that if the trustees made an ‘in principle’ decision to dispose the land, the final decision would always need to come back to Full Council. The Legal Officer advised that the charity would need to engage a chartered surveyor to give their opinion on how best to dispose of the land. He also gave advice on the next steps, which included a public notice to consult on disposal of ... view the full minutes text for item 95. |