Agenda, decisions and minutes

At this point in the meeting, the Executive Member is asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which he might have in respect of business on this agenda.

The Executive Member was asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests that he may have in the business on the agenda.  None were declared.

To approve and sign the minutes of the Decision Session held on       11 July 2016.

Resolved:  That the minutes of the Decision Session held on 11 July 2016 be approved and signed as a correct record.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Leader’s remit can do so.  The deadline for registering is 5:00 pm on Friday 12 August 2016.

Filming, Recording or Webcasting Meetings

Please note this meeting may be filmed and webcast and that includes any registered public speakers, who have given their permission.  This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/downloads/file/6453/protocol_for_webcasting_filming_and_recording_of_council_meetingspdf

It was reported that there had been had been two registrations to speak at the meeting under the Council’s Public Participation Scheme.

Mr Phil Harding, member of the Groves Association, spoke in support of the application for Community Right to Bid – Grove House (agenda item 4).  He stated that Grove House was an asset to the community and explained the Association’s vision, as outlined in the application form (Annex 3 of the report).  Mr Harding stated its importance to the social and wellbeing of the community and commented that communal living would be incidental to the wider aim of the Association.  It was envisaged that the land would be held in a land trust.  Mr Harding asked that the Council worked with the Association to allow it time to demonstrate the benefits of the proposal.

Ms Joyce Green, Chair of White Rose House Committee and representing North Yorkshire South Girlguiding County Commissioner, spoke in respect of agenda item 4 – Application for Community Right to Bid – White House, Wheldrake.  She expressed her concern that the address on the initial application had been incorrect and hence the letter that had been sent by the Council had not been received.  Ms Green stated that she endorsed the written comments that had been submitted by the County Commissioner and stated that the primary use of the building was by the Girlguiding Association and that other use by the community was very limited.

The speakers were thanked for their contributions.

This report presents applications to list the following assets as Assets of Community Value, for consideration by the Council:

·  White Rose House, 73 Main Street, Wheldrake York, YO19 6AA

·  Grove House 40/48 Penley’s Grove Street, York, YO31 7PN

Resolved:  (i)      That the application to list White Rose House,

Wheldrake as an asset of community value be referred to the Executive.

                   (ii)      That the application to list Grove House, Penley’s

Grove Street as an asset of community value be rejected.

Reasons: (i)        As the Executive Member believed that the application merited broader consideration, and to provide an opportunity to explore in more depth the information provided by the owners of the property.

(ii)      As the application is excluded from the definition of an Asset of Community Value set out in legislation.

Applications for Community Right to Bid under the Localism Act 2011: White Rose House, Grove House

The Executive Member considered a report that presented applications to list the following assets as Assets of Community Value (ACV):

·                    White Rose House, 79 Main Street, Wheldrake, York,

          YO19 6AA

·                    Grove House, 40/48 Penley’s Grove Street, York,

YO31 7PN

Referring to the White Rose House application and the letter from the County Commissioner Girlguiding North Yorkshire South, the Executive Member stated that he believed that further consideration was required as to whether the community use of the building was more than an ancillary use of the building.  To enable further time for these issues to be explored, and to enable the application to be given broader consideration, he was therefore referring the matter to the Executive for consideration at their meeting in September 2016.

Referring to the Grove House application, the Executive Member stated that he was mindful of community activity within the Groves and noted their aspirations for the use of the building. However, the decision he was being asked to make at the meeting was whether or not to approve the application for Grove House to be listed as an Asset of Community Value.  The Council would make decisions regarding the disposal of the buildings in due course.

The Executive Member stated that he was mindful of the legal advice that had been given in respect of the interpretation of the ACV Regulations regarding residential properties.  It was for this reason that he was intending to reject the application to list Grove House as an Asset of Community Value.

Resolved:  (i)      That the application to list White Rose House,

Wheldrake as an asset of community value be referred to the Executive.¹

                   (ii)      That the application to list Grove House, Penley’s

Grove Street as an asset of community value be rejected.

Reasons: (i)        As the Executive Member believed that the

application merited broader consideration, and to provide an opportunity to explore in more depth the information provided by the owners of the property.

(ii)      As the application is excluded from the definition of an Asset of Community Value set out in legislation.