MINUTES OF A MEETING OF THE EXECUTIVE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY, 3 SEPTEMBER 2002 COMMENCING AT 4.00PM

Present :

Mrs S A Smart (Chairman), Mr R R Barry, Mr E Fox, Mr P G Harris, Mrs M A Jarman, Mrs B Lawson, Mr R G Mazillius, Mr H Rees, Mrs J L Wareham

Apologies :

Mr D J Knowles

Also present non-voting :

Mr A C Bartlett, Mr M J Cunningham, Mr C M Gauntlett, Mr P D Joyce, Mr G S Kendall, Mr A J Mundy

96. MINUTES

RESOLVED :

THAT the Minutes of the meeting of the Executive held on 27 August 2002
be confirmed.

97. DECLARATIONS OF INTEREST

There were no declarations received at this stage.

98. PRESTWOOD GRANGE FARM

The Resources Select Committee had called in the decision taken by the Executive on 13 August 2002 on Prestwood Grange Farm, and had recommended that the Executive re-consider its decision.

The Portfolio Holder for Resources asked for clarification of the legality of the call in as the decision of the Executive had been called in on the grounds that it had been taken outside the budget framework. The Strategic Director for Finance and Information advised the Executive that the revenue and capital budgets for 2001/2 had both been approved on the basis that monies had been set aside for Prestwood Grange Farm. This was still the case and therefore the Executive had made the decision within the budgetary framework of the Council.

The Chairman of the Resources Select Committee outlined the reasons for calling in the decision. These were, that not all members of the Executive were aware of the whole of Counsel’s opinion and that not all members were aware of the landowners potential planning application for the site.

The Strategic Director of Corporate and Environment Services confirmed that Counsel’s advice had not been seen by members although the report submitted to the Executive on 13 August 2002 informed members of the advice which had been given. It was confirmed that the Executive had not received details of any discussions between the landowner and planning officers.

Members discussed the option of pursuing a Discontinuance Order and recognised that the decision to proceed with it fell within the remit of the Development Control Committee. The possible development of the site by the landowner and the effect this would have on whether to proceed with a Discontinuance Order was also discussed.

During the debate it was moved and seconded that the public and press be excluded from the meeting.

RESOLVED :

THAT under Section 100(A)(4) of the Local Government Act 1972 the public and press be excluded from the meeting for part of this item on the grounds that there was likely to be disclosure of exempt information as defined in paragraphs 7 and 9 of Part 1 of Schedule 12A of the Act.

Members discussed the nature of Counsel’s opinion and the possible options including the employment of consultants to assist in the preparation of evidence. Advice was received concerning the financial matters relating to the issues involved. Members emphasised the importance of continuing to try and reach a negotiated settlement with the landowner.

The public and press were then re-admitted to the meeting.

RESOLVED :

(i) THAT the previous decision of the Executive be confirmed namely, to ask the Development Control Committee to consider making a Discontinuance Order and that for the time being no further action be taken to pursue the Compulsory Purchase Order

(ii) THAT consultants be employed to assist with the preparation of evidence and that a report be presented to the Executive prior to the consideration by the Development Control Committee

CHAIRMAN