West Berkshire Council

Agenda, decisions and minutes

Venue: Council Chamber Council Offices Market Street Newbury

Contact: Democratic Services Team 

Items
No. Item

22.

Declarations of Interest

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

Minutes:

Councillor Alan Macro declared an interest in Agenda Items 4 and 5 by virtue of the fact that he was a Governor of Theale Primary School, which was a sponsor of Highwood Copse School. However, he reported that, as his interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate.

23.

Exclusion of Press and Public

RECOMMENDATION: That members of the press and public be excluded from the meeting during consideration of the following items as it is likely that there would be disclosure of exempt information of the description contained in the paragraphs of Schedule 12A of the Local Government Act 1972 specified in brackets in the heading of each item. Rule 8.10.4 of the Constitution refers.

Minutes:

RESOLVED that members of the press and public be excluded from the meeting for the under-mentioned item of business on the grounds that it involves the likely disclosure of exempt information as contained in Paragraphs 1, 3 and 5 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information)(Variation) Order 2006. Rule 8.10.4 of the Constitution also refers.

24.

Highwood Copse School and A339 Link Road

(Paragraph 1 – information relating to an individual)

(Paragraph 3 – information relating to financial/business affairs of particular person)

(Paragraph 5 – information relating to legal privilege)

(CSP:BEC1, SLE 1 and 2 )

Purpose:  As set out in the exempt report.

Decision:

Resolved that the recommendations in the exempt report be approved.

 

This decision is not subject to call in as:

 

·      the item is deemed as an Urgent Key Decision as set out in Rule 5.4.7 of the Constitution.

·      a delay in implementing the decision could cause the Council serious financial implications or could compromise the Council's position.

 

therefore it will be implemented immediately.

Minutes:

(Paragraph 1 – information relating to an individual)
(Paragraph 3 – information relating to financial/business affairs of particular person)
(Paragraph 5 – information relating to legal privilege)

The Executive considered an exempt report (Agenda Item 4) concerning the proposed development of Highwood Copse School and the provision of a new access and link road from the A339 through to the strategic housing site at Sandleford (‘the Access Road’).

RESOLVED that the recommendations in the exempt report be noted.

Reason for the decision: as set out in the exempt report.

Other options considered: as set out in the exempt report.

25.

Highwood Copse School and A339 Link Road pdf icon PDF 138 KB

(CSP: BEC1, SLE1 and 2)

Purpose: To seek delegated authority from the Executive to exchange a Development Agreement which will secure the delivery of Highwood Copse School (‘the School’) and a new access and link road from the A339 through to the strategic housing site at Sandleford (‘the Access Road’).

Additional documents:

Decision:

Resolved that following the completion of a section 38 agreement which provides for the Access Road to be dedicated as public highway on the issue of a certificate of practical completion, and the completion of the transfer to the Council of the small parcel of land next to the A339 ("the Highway Land") the Executive delegate to the Corporate Director for Economy and Environment in consultation with the Head of Legal Services and the Head of Finance and Property:

(a)       Authority to simultaneously exchange the Development Agreement in an approved form with Newbury College to secure delivery of Highwood Copse School and associated temporary access road, together with the link road from the A339 to the strategic housing site at Sandleford. 

(b)       If the agreement is not exchanged by 4pm on Monday 16th July 2018, to immediately cease further negotiations with Newbury College for the delivery of Highwood Copse School and the A339 access and link road.

 

This decision is not subject to call in as:

 

·      the item is deemed as an Urgent Key Decision as set out in Rule 5.4.7 of the Constitution.

·      a delay in implementing the decision could cause the Council serious financial implications or could compromise the Council's position.

 

therefore it will be implemented immediately.

Minutes:

The Executive considered the report (Agenda Item 5) which sought delegated authority to exchange a Development Agreement which would secure the delivery of Highwood Copse School (‘the School’) and a new access and link road from the A339 through to the strategic housing site at Sandleford (‘the Access Road’).

Councillor Hilary Cole proposed acceptance of the report’s recommendations following the Part II debate. This was seconded by Councillor Graham Jones.

Councillor Alan Macro noted from the report that the blame for the difficulties and delays encountered with this development, culminating in the need for this last minute deadline, was clearly placed with Newbury College. However, he understood that the Council Officers responsible for projects were currently stretched in seeking to deliver a number of projects which included the London Road Industrial Estate and the Market Street redevelopment. He therefore queried whether the Council had sufficient capacity to also undertake this development of Highwood Copse School and the new access and link road.

Councillor Graham Jones confirmed that the necessary capacity was in place. He added that the view of the Administration was that it was very important that this project proceeded in order to achieve the public benefit that had been identified.

RESOLVED that following the completion of a Section 38 Agreement which provided for the Access Road to be dedicated as public highway on the issue of a certificate of practical completion, and the completion of the transfer to the Council of the small parcel of land next to the A339 ("the Highway Land") the Executive would delegate to the Corporate Director for Economy and Environment in consultation with the Head of Legal Services and the Head of Finance and Property:

(a)       authority to simultaneously exchange the Development Agreement in an approved form with Newbury College to secure delivery of Highwood Copse School and associated temporary access road, together with the link road from the A339 to the strategic housing site at Sandleford; and

(b)       if the agreement was not exchanged by 4pm on Monday 16th July 2018, authority would be delegated to immediately cease further negotiations with Newbury College for the delivery of Highwood Copse School and the A339 access and link road.

Other options considered:

·         Continue with negotiations and set a new timescale so that the delivery of Highwood Copse School moves by a further year to September 2020.

·         Cease negotiations with Newbury College and not progress with the delivery of Highwood Copse School or the A339 access and link road.