Agenda item

Purpose: To consider any items called-in by the requisite number of Members following the meeting of the Executive on 23 March 2023.

The Commission considered the call-in of the Executive Decision (EX4332) of 23 March regarding revised costs and permission to sign the development management agreement for Newbury Sports Hub (Agenda Item 7).

Councillor Janine Lewis (Executive Portfolio Holder for Public Health, Culture, Leisure and Sport) and Paul Martindill (Interim Consultant – Leisure) presented the background to the Sports Hub and the reasons for the decision. Key points from their presentation included:

·       It was proposed that the Sports Hub would be located at Newbury Rugby Club.

·       This would be a Step 4 Ground, with capacity for 1,300 spectators, a 3G artificial pitch, a pavilion and 50 parking spaces.

·       The proposal was the top priority for the Playing Pitch Strategy and was needed to meet unmet demand - it would provide for 80 hours of community football and rugby per week.

·       The scheme was originally costed at £3.51 million in December 2022.

·       Although planning approval was given, it was subsequently the subject of a claim for a judicial review. Although the case was rejected, this led to a significant delay resulting in increased costs due to inflation.

·       A further appeal to the Court of Appeal in relation to the judicial review was rejected, thus avoiding further delay.

·       A revised cost of £3.878 million was approved by Executive on 23 March 2023, but the scheme had been put on hold because the decision had been called in.

Councillors Erik Pattenden and Adrian Abbs presented the reasons why the decision had been called in and the alternative course of action proposed. Key points from the presentation were:

·       While they recognised the need to meet the demand identified in the Playing Pitch Strategy, the Liberal Democrats did not feel that the Rugby Club was the correct place for the Sports Hub.

·       It was felt that the reasons for the call-in remained valid post-election.

·       It was recommended that the decision be referred back to the Executive for further consideration to look again at the scheme in detail.

In debating the item, Members raised the following points:

·       The Conservative Members had a different view about the Sports Hub. 

·       The change in political administration effectively rendered the call-in moot.

·       Only the Executive could reverse the previous Executive decision, and the Conservative Members would have much to say when the matter was next discussed.

·       It was recognised that there was a great deal of public interest in the Sports Hub.

·       Given that the Sports Hub was the top priority in the Playing Pitch Strategy, the Strategy may need to be revisited if the scheme was not progressed.

·       Members were reminded that the Commission could let the original decision stand or refer it back to Executive to ask them to reconsider the matter. While the Commission could highlight particular aspects where Members had concerns, they could not compel the Executive to act on these concerns.

RESOLVED to refer the matter back to the Executive for further consideration, particularly in respect of the following aspects: legal costs incurred by the Council; costs incurred by the Rugby Club; any penalty fees associated with not proceeding as planned; implications for the new Leisure Contract; and the need to revisit the Playing Pitch Strategy.