Agenda and minutes

Councillor Damian White questioned the position of Residents Party Councillors acting as part of the overview in scrutiny process. The question raised the issue of predetermination. The Legal advisor explained that opposing a proposal per se may not amount to predetermination as the scope of predisposition was broad. The Legal advisor asked each resident member of the committee in turn had they closed their minds to the arguments and each member in response confirmed that they had not closed their minds to the arguments. On that basis the members were advised that their interests did not amount to prejudicial interests by virtue of predetermination and that they could take part in the committee and vote.

The Committee is asked to consider the requisition of the Cabinet decision on the appropriation of land for planning purposes & open space processes relating to the site of the old windmill hall and the adjacent car park.

An Executive Decision was taken at the Cabinet meeting held on 14 August 2013; the decision taken was:

1. That, having considered the responses made to the public notices in respect of land at the site of the Old Windmill Hall and the adjacent car park in connection with the proposed disposal and appropriation of land for planning purposes, Cabinet approval is given to proceed with:-

a)    The disposal of 191 sq metres of open space shaded in blue in drawing SPS 1294/1 Rev A (attached as Appendix 1 to the Cabinet report) under Section 123 of the Local Government Act 1972.

b)    The inclusion within Upminster Park of the 191 sq metres of land to be used as open space shaded in green in drawing SPS 1294/1 Rev A (attached as Appendix 1 to the Cabinet report) under Sections 122(1), 2(A) and 2(B) of the Local Government Act 1972.

c)    The appropriation of the site shown outlined in red in drawing SPS 1294/1 Rev A (attached as Appendix 1 to the Cabinet report) to planning purposes.

The reasons for the requisition were detailed on the formal notification and were as follows:

We the undersigned, Cllrs' Gillian Ford and Keith Darvill, hereby requisition the Cabinet Decision made on 14^th August 2013 in respect of the above mentioned report on the following grounds:-

1. Paragraph 3.8 of the report states that the Council should only propose to appropriate land for planning purposes if it promotes or improves the economic, social or environmental wellbeing of the area. The report provides no justification to support any of these conditions and therefore does not meet the test.

2. The issue of car parking space was not considered in enough depth. The existing 'Old Windmill' car park is well used and the impact on reducing the number of spaces was not adequately dealt with.

3. The application for Lottery funding for the Upminster Windmill states that any development opposite the site could adversely affect the success of the application. This was not considered in any depth.

4. The potential negative impact on the adjoining New Windmill Hall Association was not given consideration.

5. Given a response of 400 letters and a petition in excess of 2,500 objecting to the appropriation, the level of objections was not given enough weight in the report.

6. Pre-determination correspondence should be considered.

Cllr Gillian Ford

Deputy Leader of the Residents' Association Group

Cllr Keith Darvill

Leader of the Labour Group

Councillor Keith Darvill explained that the potential sale of the site had an economic benefit to the Council but that this needed to be offset against the loss of amenity for the residents of Upminster.

In reply Councillor Roger Ramsey, the Cabinet member for Value, advised that the potential sale would prove to be of an economic benefit to the Council but would also meet the social target of providing new housing and the environment would benefit from the heritage aspects of the proposal.

During the debate members questioned  ...  view the full minutes text for item 8.