Apologies were received from Councillor PG Cutter; Councillor RC Hunt; Mr P Burbidge and Miss E Lowenstein.

To receive details of any Member nominated to attend the meeting in place of a Member of the Committee.

Councillor Greenow substituted for Councillor Cutter and Councillor Hope substituted for Councillor Hunt.

9. Urgent Agenda Item - Call-in of the Cabinet Decision Concerning the Supplementary Agreement and Deed of Variation to the Retail Quarter (Old Livestock Market) Development Agreement.

Councillor JG Jarvis, Personal, Director, Hereford Futures.

9. Urgent Agenda Item - Call-in of the Cabinet Decision Concerning the Supplementary Agreement and Deed of Variation to the Retail Quarter (Old Livestock Market) Development Agreement.

Councillor PD Price, Prejudicial, Decision maker.

To approve and sign the Minutes of the meetings held on 5 March and 19 March 2012.

It was noted that a number of amendments were to be proposed, therefore the Chairman suggested that the minutes of 5 March and 19 March be deferred to a future meeting.

RESOLVED: That consideration of the minutes of 5 March and 19 March 2012 be deferred to a future meeting.

To consider suggestions from members of the public on issues the Committee could scrutinise in the future.

(There will be no discussion of the issue at the time when the matter is raised.  Consideration will be given to whether it should form part of the Committee’s work programme when compared with other competing priorities.)

The Committee received a number of suggestions for future scrutiny from the public.

The full suggestions were circulated at the meeting.  The following summarises the written suggestions:

1.    Mrs B Ferris – Surveys and research undertaken by the Council – how research is commissioned, conducted, and appraised. And used.

2.    Mrs E Morawiecka – LTP3 and the Link Road.  How Cabinet anticipates making a decision on a compulsory purchase order for the ‘Link Road’ on 14 June 2012 when the new Local Transport Plan (LTP3) is not due to be considered by Council until July 2012.

3.    Mrs E Morawiecka – Concern over the ever expanding remit of Hereford Futures. When will the company provide a formal report to Council and make its accounts available?

4.    Mrs E Morawiecka – the role of organisations which are promoting via the Herefordshire Council Parish Liaison Officer, the Living Villages and Herefordshire 20/20 events.

5.    Mrs E Morawiecka – the role of the Parish Liaison Officer and whether it should be allowed to promote political events.

The Chairman thanked Mrs Ferris and Mrs Morawiecka for their suggestions which would be considered when the Committee considered its work programme.

To note questions received from the public and the items to which they relate.

(Questions are welcomed for consideration at a Scrutiny Committee meeting so long as the question is directly related to an item listed on the agenda.  If you have a question you would like to ask then please submit it no later than two working days before the meeting to the Committee Officer.  This will help to ensure that an answer can be provided at the meeting). 

The Committee received a number of questions which specifically related to the urgent item - Call-in of the Cabinet Decision Concerning the Supplementary Agreement and Deed of Variation to the Retail Quarter (Old Livestock Market) Development Agreement.  The full questions and responses currently available were circulated at the meeting. Written responses would be forwarded to the members and contributors.  A copy is appended to these minutes.

The Chairman thanked the contributors for submitting their questions. 

Questions and responses currently available were circulated at the meeting

To consider the findings arising from the Task & Finish Group – Planning System Review – Development Control and the Operation of the Constitution and to recommend the report to the Executive for consideration.

The Committee were invited to consider the findings arising from the Task & Finish Group – ‘Planning System Review- Development Control and the Operation of the Constitution’ and to recommend the report to the Executive for consideration.

RESOLVED: That consideration of the report be deferred to the meeting on 23 April 2012.

To consider the Committee’s work programme.

The Committee were invited to consider its work programme.

RESOLVED: That consideration be deferred.

In accordance with the Constitution at 4.2.6.1 the Chairman of the meeting may consider that for reasons of special circumstances, an item should be considered at the meeting as a matter of urgency.

The Chairman considered that for reasons of special circumstances set out below, this item should be considered at the meeting as a matter of urgency.

He stated that there was some urgency to decide whether to complete the deed of variation to enable the scheme to proceed. The urgency arises because the parties are close to finalising the deal, are in a position to make the necessary commitment in an uncertain financial climate and need to resolve matters now in order that work may start and completion targets for construction be met.

The Committee reviewed decisions 2012.CAB.045 KEY EXEMPT and 2012.CAB.046 KEY OPEN made by Cabinet on the 5^th April 2012.

Councillor JG Jarvis declared a personal interest as a Director of Hereford Futures.

Councillor PD Price declared a prejudicial interest as a decision maker.

The Chairman commented that some information before the Committee was commercially sensitive and therefore part of the meeting would be held in exempt (closed) session and explained the rationale for this decision.  He also explained the role of the Committee in considering the call-in.  He further commented that members of the public had submitted questions before the meeting and answers in writing would be made available as soon as possible.  Questions and responses currently available were circulated at the meeting. A copy is appended to these minutes.

The Chairman called upon Councillors: TM James; JVL Kenyon and R Preece to outline their reasons for the call-in.

Councillor TM James voiced concerns that the development had not been fully thought through, particularly in light of the changed financial climate.  He suggested that very little benefit would be derived from the multi-million pound asset and didn’t believe that the expected facilities in the development would be delivered as there was still no formal commitment from the developer.  He also expressed concerns that the opportunity hadn’t been taken to explore other means of attracting the various facilities and suggested the tendering process had missed an opportunity to get value for money. Much had already been spent on the development and he questioned the future costs, suggesting that the Council could have developed the site itself at less cost.

Councillor JVL Kenyon sought assurances about the whole development as these variations took the development a step further away from the original agreement.  He also expressed concern that misinformation was dressing up the situation.  He questioned whether there would be a cinema as Cabinet had said that this was only 95% certain.  He was concerned about the possibility of more empty shops in High Town as the variations would poach more retail outlets from the city centre.  He briefly reiterated the call-in reasons detailed in the agenda report.

Councillor R Preece expressed concerns about: the adequacy of the risk assessment; the level of consultation, particularly with the local ward member; the business viability of High Town, and questioned whether value for money was being derived for the council tax payer.

Replying to the nine specific issues raised by the  ...  view the full minutes text for item 104.