Agenda and minutes

Community & Social Affairs Committee - Wednesday, 12th July, 2017 5.30 pm

Venue: Parkside, Station Approach, Burton Street, Melton Mowbray LE13 1GH

Contact: Jasmin Baum 

Items
No. Item

C13

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillor Beaken.

C14

DECLARATIONS OF INTEREST pdf icon PDF 51 KB

Members to declare any interest as appropriate in respect of items to be considered at this meeting.

Minutes:

There were no declarations of interest.

C15

ASSET OF COMMUNITY VALUE pdf icon PDF 84 KB

The Head of Communities & Neighbourhoods to submit a report requesting members to consider an Asset of Community Value review requested by the Asset owners of The Windmill Public House.

Additional documents:

Minutes:

The Head of Communities and Neighbourhoods presented a report to ask Members’ to review the decision to list The Windmill Public House as an Asset of Community Value (ACV).

 

The Head of Communities and Neighbourhoods gave a brief factual overview of the ACV nomination and decision and the request by the owners to request a review of the decision then left the meeting.

 

The Chair brought Members’ attention to the review letter received from the owners (Appendix B) and a discussion took place regarding the main points raised by the owners;

 

      i.        Failure to provide a copy of the nominating groups nominating form. The Strategic Housing Officer noted that although the owner’s stated that they did not get the nomination form, the letter that they agree they received states that the form should have been enclosed and that no enquires were made by the owners until after the decision to list the Windmill Public House as an ACV.

 

    ii.        That the determination was made on the basis of s.88(2) rather than s.88(1) of the Localism Act. The Strategic housing Officer stated that this was an administrative error and the correct provisions were used for the determination.

 

   iii.        The determination was made with a failure to serve notice upon the current occupier of the Windmill (an employee of the owners). The Strategic housing Officer noted that they were not required to serve notice on an employee and that notice had been sent to the property address and licencees.

 

   iv.        That the listing was too extensive and sought to list land in use for an ancillary use. The Strategic Housing Officer stated that the purpose of the review process was in relation to the validity of the original decision to list the Windmill as an ACV, rather than the site boundary, any errors in the boundary could be corrected through officer level discussions and the site plan as proposed by the applicants seemed reasonable in principal.

 

The Chair opened the floor to the owners. The owners stated no objections regarding the Windmill Public House furthering community social well-being and that their primary concern was around the site plan being too extensive and they sought changes to the boundary. The Chair commended their attitude and participation in the review hearing.

 

Seven members were in favour and one member was against.

Cllr Chandler requested that her vote against was recorded.

 

RESOLVED that members uphold the original decision that the Windmill Public House is an Asset of Community Value under Section 88(1) of the Localism Act and instruct officers to amend the plan as applicable to the ACV.