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 they may have in respect of business on this agenda.

The Executive Member was invited to declare, at this point in the meeting, any personal interests not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests, which he have in the business on the agenda. No additional interests were declared.

To approve and sign the minutes of the Decision Session held on 12 August 2019.

Resolved: That the minutes of the Executive Member for Finance and Performance Decision Session held on 12 August be approved and then signed by the Executive Member as a correct record.

At this point in the meeting, members of the public who have registered to speak can do so. The deadline for registering is 5.00pm on Friday 13 September 2019. Members of the public can speak on agenda items or matters within the Executive Member’s remit.

To register to speak please contact the Democracy Officer for the meeting, on the details at the foot of the agenda.

Filming, Recording or Webcasting Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers who have given their permission. The broadcast can be viewed at http://www.york.gov.uk/webcasts or, if recorded, this will be uploaded onto the Council’s website following the meeting.

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 (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

https://www.york.gov.uk/downloads/file/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme.

This report presents applications to list The Lord Nelson Public House, Nether Poppleton, the Blacksmiths Arms Public House, Shipton Road, Skelton, and Lendal Post Office, 22 Lendal, York,

as Assets of Community Value (ACV), for consideration by the Executive Member in the Council’s statutory capacity as an Asset of Community Value (ACV) listing authority.

Resolved: That;

a.     The Lord Nelson Public House, 9 Main Street, Nether Poppleton, York be listed as an Asset of Community Value (ACV) as it meets the criteria for listing.

b.     The Blacksmiths Arms Public House, Shipton Road, Skelton, York, be listed as an Asset of Community Value (ACV) as it meets the criteria for listing.

c.   The application to list Lendal Post Office, 22 Lendal, York, as an Asset of Community Value be rejected on the grounds that the building when in use as a Post Office was exempt from the ACV legislation due to being an operational business premises.

Reason:     To ensure the Council meets its legislative requirements of the Localism Act 2011 and promotes community access to community facilities.

The Executive Member considered a report that presented the Lord Nelson Public House (Nether Poppleton), Blacksmiths Arms (Skelton) and Lendal Post Office (York) as Assets of Community Value (ACV), for consideration by the Executive Member in the Council’s statutory capacity as an Asset of Community Value (ACV) listing authority.

The Asset Managers and Assistant Director for Regeneration and Asset Management were in attendance to present the applications.

The Asset Manager outlined the applications. In relation to the application to list Lendal Post Office, York, as an ACV, the Assistant Director for Regeneration and Asset Management explained why it could not be listed as an ACV. This was because  that having taken detailed legal advice on the matter and despite the legislation on ACV being open to interpretation, on the grounds that the building when in use as a Post Office, it was exempt from the ACV legislation due to being an operational business premises.

The Asset manager was asked and explained how the Lord Nelson had previously been taken off the register and delisted as an ACV. He was asked and confirmed that there was no risk of compensation being sought CYC for any financial costs or losses arising from listing as an ACV.

The Assistant Director for Regeneration and Asset Management was asked and gave clarification on why Lendal Post Office could not be listed as an ACV.

Resolved: That;

a.     The Lord Nelson Public House, 9 Main Street, Nether Poppleton, York be listed as an Asset of Community Value (ACV) as it meets the criteria for listing.

b.     The Blacksmiths Arms Public House, Shipton Road, Skelton, York, be listed as an Asset of Community Value (ACV) as it meets the criteria for listing.

c.   The application to list Lendal Post Office, 22 Lendal, York, as an Asset of Community Value be rejected on the grounds that the building when in use as a Post Office was exempt from the ACV legislation due to being an operational business premises.

Reason:     To ensure the Council meets its legislative requirements of the Localism Act 2011 and promotes community access to community facilities.