Minutes:
Members gave consideration to a report detailing the update on legal proceedings and subsequent advice regarding the site of former RAF Scampton. The Chairman provided the Committee with a summary of conversations with had taken place that morning with Government Ministers, West Lindsey District Council and Sir Edward Leigh, MP.
Officers summarised the financial implications within the report, explaining they were based on a worst case scenario, but ongoing negotiations with the Home Office would have an impact on those implications. The recommendations within the report were also explained, with Members asked to specifically give attention to recommendation three, regarding the negotiations with the Home Office.
Members heard from the Monitoring Officer who highlighted the sensitive and complex legalities surrounding the various challenges and themes regarding Scampton. She noted that the Council continued to seek specialist legal advice through barristers and the Lincolnshire legal service. Members were reminded of the confidential nature of what was outlined in the report.
She further stated that, in light of the exceptional situation Scampton presented, the implications section of the report highlighted the constitutional provisions that were relevant and in particular the delegations to Officers. She brought attention to the Chief Executive’s delegations in this circumstance, which provided for him to do what was necessary to settle any legal proceedings and also to take any such action that he considered necessary to protect the interests of West Lindsey District Council, through whatever means appropriate. Members were directed to the short update of the ongoing legal proceedings provided at Appendix 1.
The Chairman thanked Officers and reiterated that the meeting that morning had been positive. He thanked the Chief Executive and Director – Planning, Regeneration and Communities for having manoeuvred the Council into a strong position and again acknowledged their good work.
During the course of debate, Members of the Committee requested specific information regarding the progress of matters at the site, details of which were provided by Officers. In supporting the work that had been undertaken, Councillor I. Fleetwood, as Leader of the Opposition, also noted that the flow of information to Councillors had been limited. It was acknowledged that there were fast-paced changes to circumstances, however, in order to ensure full communication with Councillors, he proposed an amendment to recommendation three, to include “in consultation with the Leader and the Leader of the Opposition”.
The Chairman highlighted that the approval sought within recommendation three was not suggested to be in consultation with any Councillor and he, as Leader of the Council, was content for the Head of Paid Service (Chief Executive) to undertake such negotiations with the Home Office as was necessary, without the need to consult with the Leader, or other Councillors. He also stated his support for the Head of Paid Service to act as he saw fit with regard to potential amendments to the parameters of negotiations (as detailed in the report).
The Monitoring Officer reiterated the delegations detailed within the Constitution, and highlighted that changes to such delegations were not within the remit of the Committee. In order to address the concerns raised regarding flow of communications to Councillors, she suggested that structured briefings for all Councillors could be scheduled to ensure information was available in a timely manner. The Director- Planning, Regeneration and Communities explained that the pace of change between the publishing of the report and the meeting taking place had been exceptional, with additional information becoming available even within the duration of the meeting.
The suggestion for a series of briefings to be scheduled and open to all Councillors, was welcomed and supported, in light of which, Councillor I. Fleetwood withdrew his proposal to amend recommendation three.
Chairman, Vice-Chairman and Committee Members repeated their thanks and appreciation to all Officers involved in the ongoing work, and stressed the importance of such work to the whole district.
Having been proposed and seconded, on taking the vote it was unanimously
RESOLVED that
a) the update and risks provided by the Director of Planning, Regeneration and Communities and the Assistant Director of People and Democratic Services in Section One of the report in relation to Legal Proceedings at RAF Scampton be noted; and
b) the costs incurred to date and further litigation cost risk provided in Section Two of the report be noted; and
c) the Corporate Policy and Resources Committee approve the Head of Paid Service to negotiate with the Home Office (if the opportunity should arise) to explore the possibility to take control of the site by negotiation within the parameters set out in Section 3.9 of the report to enable the delivery of the procured Heritage, Skills and Regeneration Scheme approved by this Committee on 15 December 2023, and approve the Head of Paid Service to make any minor amendments to the parameters in section 3.9 if required; and
d) the development agreement required to deliver Recommendation Three be funded from the Investment and Growth Reserve up to a cost of £209,800; and
e) the Corporate Policy and Resources Committee note that the Judicial Review proceedings in respect of the December 2023 Environmental Impact Assessment Screening Direction (‘December Screening Direction’) may be withdrawn in accordance with external legal advice and that all efforts shall be made to recover costs wherever possible.