Agenda and minutes

None.

The Chair reminded everyone present of the procedure for the meeting that was set out on the agenda paper and also made available to members of the public.  He also commented that the Monitoring Officer had confirmed that the Call-in process, as set out in the Council’s Constitution, had been correctly followed in this case.

Helal Miah, Blackthorn Tandoori, stated that he could not understand why the Council wished to sell the site and why it could not be developed.  He had received a letter from a Council officer stating that tenants would have another year on the site but not saying what would happen following that.  Helal Milah stated that the decision had had a devastating effect on employers, employees, families and the community.  He had been in business for approximately 25 years and had built up a good reputation.  The Council could not guarantee him any premises in Northampton, which is where his customers are based.  It would cost approximately £20,000 to move to a new site and could take 45-50 minutes to travel there if the site was on the opposite side of Northampton and would take ten years to build a reputation.  Helal Miah stated that the Council wanted to create jobs but the decision would lose jobs and local shops at the site plus 5 shops around the site.

In answer to questions Helal Miah stated that he had first learned of the proposal in a letter from the Council dated 5 November, one week before the meeting of Cabinet on 13 November 2013.  There had been no time to prepare for the meeting.  Councillor Mackintosh, as Ward Councillor, had been invited to meet the tenants but had been too busy. Councillor hadland had met the tenants on the day of the Cabinet meeting.  Helal Miah had been a tenant on the site for eleven years and had a three months’ notice period on his contract.

Members asked for a copy of the letter the tenants had received and this was copied and circulated to the Committee.

Fred McVavish, Blackthorn Workshop, stated that he had been told the site would be used a supermarket or workplace or houses.  He had not received an answer when he asked what the site would be used for at the Cabinet meeting on 13 November 2013.  He stated that there were many empty sites which could be used for development but the Council was adamant that this site should be developed.  His daughter had a five year lease on the site but six months into the lease she had received a letter from the Council saying the property would be knocked down.  He had emailed Councillor Mackintosh about the site but said he had not understood the reply received.  In answer to a question Fred McVavish stated that he had heard of the proposals for the site on Radio Northampton on the day of the cabinet meeting.  He had been allowed to address the Cabinet meeting, although he had not registered to speak.  He had received a letter from the Council about the site previously but had telephoned Council officers and been told not to be concerned as this issue was only at the discussion stage.

Julie Mallia, Ray’s Kebabs, stated that she had been on the site for fifteen years and  ...  view the full minutes text for item 2.

Councillor Capstick declared a personal, non-pecuniary interest as she had previously been a Ward Councillor for the area including the Blackthorn Workshops.

Called-in by Councillors Dennis Meredith and Sally Beardsworth (copy attached).

Item 10, decision taken on Wednesday, 13 November 2013:

Decision:

1.   Cabinet approved the principle of the disposal by this Council of the freehold interest in land and buildings situated off Blackthorn Road, shown edged red upon the plan at Appendix 1 of the report.

2.   Cabinet delegated to the Director of Regeneration Enterprise and Planning the power to approve the terms of the disposal, in consultation with the Cabinet Member for Regeneration Enterprise and Planning.

3.    Cabinet requested that officers work with existing occupiers of the property to help identify suitable re-location opportunities, if they are displaced as a result of this disposal

Procedure for the Call In Hearing

Public speakers will be asked to address the Committee; a maximum of three minutes is given to each to make comment.

The Call-In Authors, Councillors Dennis Meredith and Sally Beardsworth, will be invited to expand upon their reasons for concern, following which the Overview and Scrutiny Committee will question the Call-In Authors.

Councillor Tim Hadland, Cabinet Member for Regeneration, Enterprise and Planning, will be invited to make a presentation outlining his main reasons for the decision.  The Committee will then put questions to the Cabinet Member and Officers. 

Officers will be invited to give evidence and respond to the Overview and Scrutiny Committee’s questions.  The Officers will be asked to give their reasons for any recommendations or advice to Members. A question and answer session will follow.

The Call-In Authors will then be given the opportunity to add any points of clarification before any resolution or recommendation is moved.

The Chair will then sum up the findings regarding the Cabinet decision. If there are still concerns, the Chair will lead in the determination of the recommendation with reasons for consideration by Cabinet. At the conclusion of the debate and following response to all matters raised, the Chair will ask the Committee to vote to determine whether or not it upholds the decision of the Cabinet.

Councillor Capstick declared a personal, non-pecuniary interest as she had previously been a Ward Councillor for the area including the Blackthorn Workshops.

Councillor Meredith as one of the Call-in authors, stated that:

·         There were a number of demonstrable flaws in the decision making process in relation to the decision;

·         The Council’s Consultation Tool Kit had 8 steps, with 3 further elements, and that none of them had been considered, consulted or observed;

·         He quoted from various parts of section 15.9.4.6 of the Constitution, stating that there had been no consultation other than with the Ward Councillor, which was inadequate and not in accordance with the Council’s Consultation Tool Kit, and the Ward Councillor had not attended a meeting requested by the tenants;

·         There had been inadequate information to take a decision which meant that the impact of the decision on the local community was not known and there had been no independent valuation of the market value of the land;

·         The decision had generated substantial controversy amongst the tenants and the local community, proper financial information had been notably lacking and important factors relating to the tenants and the local community had been overlooked.

Councillor Meredith referred to Councillor Hadland meeting the tenants on the day of the Cabinet meeting.  Councillor Meredith stated that there were six businesses in the eastern area of the site which employed 350 people, including suppliers.  He stated that the decision had caused much despondency wondering about the future as a supermarket being built on the site would mean the closure of the existing business.  The tenants were so concerned they had produced leaflets about the situation and delivered them around Rectory Farm.  He asked the Committee to refer the decision back to Cabinet.

Councillor Beardsworth, as the second Call-in author, stated that the decision would destroy a community that people had tried to build and that the Council should support and encourage small businesses, which were very good at keeping in touch with local communities.  Small businesses needed to be protected against big supermarkets, to protect jobs and local communities.  The small businesses would not survive if they had to move because it would take them too long to build up new customers.

In answer to questions Councillors Meredith and Beardsworth stated that:

·         One of the businesses on the site had told them that a supermarket had made an approach for the site.  They stated that they had been assured at one time that the site was for housing;

·         Councillor Meredith had produced a leaflet about the proposals for the site in addition to the one produced by the traders and stated that the depth of feeling in rectory farm was “astronomical” and there was great concern amongst the local Asian community;

·         Traders from the site would be speaking at full Council about the proposals.  There were thirteen businesses on the site, five food outlets and the rest retail, plus seven supermarkets in the surrounding area.no units were empty.  One trader had invested £5.5K  ...  view the full minutes text for item 4.