Agenda and minutes

Resolved:-  That Councillor Stone be appointed Chair.

(Councillor Stone in the Chair)

Resolved:-  That Councillor Sharman be appointed Vice-Chair.

Consideration was given to the minutes of the previous meeting of the Regeneration and Asset Board held on 17^th May, 2007.

Resolved:-  That the minutes be approved as a correct record.

The following item was authorised by the Chairman for consideration as an extra, urgent item in order for the Council to comply with the legislation,

There were no matters arising from the previous minutes.

(The Chairman authorised consideration of the following item in order for the Council to comply with legislation.)

Consideration was given to a report, presented by the Asset Manager, outlining issues around the Smoke-free legislation which came into effect as from 1^st July, 2007.

It was reported that in order to comply with the legislation the Council had to erect a compliant signs to all Council buildings where the legislation applies.  The report outlined the background to the legislation and the works required in order for the Council to comply with the legislation.

An outline of the works required was set out in the report, together with details of the cost.

Members commented on:-

-                      the total amount of funding which has been allocated, over and above that which had been budgeted for, which Government required Councils to find in order to comply with their initiatives.

-                      procurement/tendering process and value for money

-                      no smoking requirement in Council vehicles

Resolved:-  That a sum of £25,000 be allocated from the 2007/2008 minor strategic capital investment block to enable the authority to comply with the Smoke-free legislation which comes into effect from 1^st July, 2007.

The following items are likely to be considered in the absence of the press and public as being exempt under Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended March 2006) (information relating to the financial or business affairs of any particular individual (including the Council)):-

Resolved:-  That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined  in Paragraph3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended March 2006) (information relating to the financial or business affairs of any particular person (including the Council)).

Principal Valuer to report.

-           to report the sale, by auction, of two surplus assets and to provide an update on the disposal of commercial property.

Consideration was given to a report, presented by the Principal Valuer, detailing the sale, by auction, of two surplus assets, together with an update on the disposal of other commercial property.

The report detailed the current position with the remaining properties in the portfolio and it was reported that the remaining properties were currently under review, and that the Neighbourhoods Directorate was on target to identify which it wished to keep and those it wished to dispose of.  A further report would be presented to the November meeting of this Board.

Particular reference was made to:-

-                      Town centre properties

-                      Reresby House

-                      Buildings occupied by community groups

-                      Maintenance responsibilities

It was pointed out that all remaining property disposal receipts would contribute to the Capital Programme.

Resolved:-  (1)  That the current position be noted.

(2)  That a further report on the remaining properties be submitted to the November meeting of the Regeneration and Asset Board.

Resolved:-  That the report be noted.

Strategic Property Manager to report.

-           update report highlighting changes to the forecast of capital receipts resulting in a revision of the Council’s capital programme.

Consideration was given to a report, presented by the Asset Manager, highlighting the changes to the forecast of capital receipts resulting in a revision of the Council’s capital programme.

It was pointed out that the capital receipts for 2007 would exceed the target set.  However in future years the ability to raise capital through disposals would diminish.

Particular reference was made to Beecham Court, Swinton, noting that the anticipated receipt was an estimate for the site, as the property had now been demolished.

Resolved:-  That the position on the current status of the capital receipts which support the capital programme be noted.

Estates Surveyor to report.

-           to report an update on the current position regarding the objection made by the Council, as landowner, against the application received from the Scholes and Thorpe Action Group (STAG) under section 13 of the Commons Registration Act 1965, in respect of Council owned land in Thorpe Hesley.

Further to Minute No. 28 of the meeting of the Regeneration and Asset Board held on 12^th July, 2006 and Minute No. 78 of the meeting of the Cabinet Member for Economic and Development Services held on 17^th August, 2006, consideration was given to a report, presented by the Asset Manager, updating the Board on the current position regarding the objection made by the Council, as landowner, against the application received from the Scholes and Thorpe Action Group (STAG) under section 13 of the Commons Registration Act 1965, in respect of Council owned land in Thorpe Hesley.

The following issues were raised:-

-                      the Council acting as the Objector, Landowner and the Registration Authority

-                      instruction to the Council’s approved partner solicitors to act on its behalf

-                      the Council’s defence

-                      referral to a non-statutory public inquiry

-                      the outcome of the inquiry and any recommendations in respect of the defence of any future applications

-                      legal costs, and funding thereof

-                      the Oxford case

-                      national problem

-                      maintenance responsibilities

-                      timescale

-                      staffing resources

It was noted that the outcome of this application would set the principles for any future applications which the Council would have to abide by.

Those present discussed the need for a strategy and/or policy for dealing with any future applications in the event that that the Council lost this case.

It was agreed that there was a need to identify what fallow land the Council owned, and what it would cost to fence and erect signs, and also a need to survey, review and map all the small pockets of land in housing estates

Reference was also made to the implications of the Council being both landowner and Registering Authority and the need to consider if there were options to delegate these responsibilities elsewhere.

It was agreed that this issue should be included on the Council’s Risk Register

Resolved:-  (1)  That the issues raised in pursuing this case be noted.

(2)                   That a further report be submitted to the next meeting of this Board on the progress of the case, together with clarification of the legal and financial issues, and including an outline of the anticipated timescale.

(3)                   That, as part of the Council’s submission, it be made clear to the Action Group, that if the Group was successful, then the Council would not maintain this area.

(4)                   That the issue be included on the Council’s  Risk Register

(5)     That the outcome of further investigation of the issues raised (including a survey across the Borough of other sites and the implications should the decision be made against the Council) be incorporated in to the review of Community Buildings; the investigations to include a systematic trawl of all estates with the assistance of the Neighbourhoods Directorate.

(5)       That consideration be given to the formulation of a strategy and/or policy for dealing with future similar applications.

(The Chairman authorised consideration of the following item in order to review the membership of the  ...  view the full minutes text for item 9.

It was reported that a review of the membership of the above group was now necessary in view of the new Cabinet Member portfolios and composition of the Regeneration and Asset Board.

Resolved:-  That the Director of Asset Management revised and review the composition and remit of this project board, and report to the next meeting of the Regeneration and Asset Board.

WEDNESDAY, 11^TH JULY, 2007 at 10 a.m. at the Town Hall, Rotherham.

Resolved:-  That the next meeting of the Regeneration and Asset Board be held on WEDNESDAY, 11^TH JULY, 2007 at 10 a.m. at the Town Hall, Moorgate Street, Rotherham.