Issue - meetings

Report of the Chief Executive.

Members were updated on discussions held regarding Mallory Park race track since the meeting of the Executive on 16 April 2014 and were informed of the proposed Notices that may be applied for 2014 and 2015 and after. It was reported that meetings had been held with different groups of residents and with the track operators, RML, in order to find an acceptable solution for all parties.

With reference to section 5.3a) in appendix A to the report, the Chief Executive clarified that only the phrase contained within the apostrophes was quoted by the Ombudsman, not the entire sentence. This had been queried by some who had read the report.

In response to a member’s question, it was explained that there were a variety of notices and other controls in place at other UK tracks, but that Mallory Park was a ‘special’ case as it was in such close proximity to the village

Members were reminded that RML had only been in operation a few months and that they should be given the opportunity to put their own improvements in place which may further assist the situation, whilst working to the proposed Notice in 2014. To this end, it was proposed by Councillor Gould, seconded by Councillor Lynch, and agreed that recommendations b) and d) be amended to read:

“b)        agrees the proposed Notice for the remainder of this calendar year (2014) and that it be served in a timely manner to provide clarity around what noise levels are acceptable for this year, and to ensure that we are complicit with the recommendations provided by the Local Government Ombudsman;

d)         agrees the outline terms of a Notice for 2015 and after, including the requirement of an annual review before the end of each racing season, and that further discussion takes place with the purpose of it being finalised at our meeting on 17 September of this year.”

It was noted that in discussing the Notice for 2015 and after in September, RML would have settled in and had the opportunity to put their own improvements in place and to build relationships with residents. Likewise, residents would have had the opportunity to establish whether RML were committed to maintaining the agreements. In relation to the noise assessment discussed on page 63 of the agenda, it was acknowledged that if not received by the end of May, action would be taken.

On the motion of Councillor Gould, seconded by Councillor Lynch, it was

RESOLVED –

(i)         the principles of a Statutory Notice as set out in section 4.4 of the report be endorsed;

(ii)        the proposed notice for the remainder of 2014, served in a timely manner to provide clarity around what noise levels are acceptable for this year and to ensure compliance with the recommendations of the Local Government Ombudsman, be agreed;

(iii)       the conditions and timescales to be met if a revised notice is issued for 2015 be agreed;

(iv)       the outline terms of a notice for 2015  ...  view the full minutes text for item 35

Report of the Chief Executive attached, with the report of the Ombudsman included as an appendix.

The Chief Executive presented the report and updated councillors and members of the public present on recent progress towards an agreement. He reported on a meeting, convened by and held with a small group of residents, RML and Council officers, with Cllr Gould also present, the previous day during which a proposal was made which must now be considered, as would any further proposals which had been suggested, and as such it would be inappropriate to discuss the detail of a proposed Notice at this meeting. He reiterated that the topic under debate would be the Local Government Ombudsman’s report only, and the recommendations relating to that.

During his presentation, the Chief Executive acknowledged that the above would mean that a Notice could not be served immediately but that the reasons for this were in the interest of all involved. It was therefore suggested that a further meeting of the Executive would need to be convened to make that decision at a later date. Should no further proposals come forward, it was stated that this meeting would take place no later than the end of May. In any event, a ‘backstop’ meeting date with RML and residents had been set for 6 May. It was also confirmed that the independent legal advice recommended in the Ombudsman’s report had been sought and received, but was privileged information to the Council.

A member expressed concern about the final cost to the public purse taking into account compensation recommended by the Ombudsman, and in response it was stated that this figure could be around £50,000 in total. It was also explained that the costs of £23,000 (within that £50,000) due to the Authority from the previous operator would not be forthcoming due to that company going into liquidation.

A member who had attended the meeting with residents the previous day felt that it had been a positive and productive meeting and confirmed that officers and members wished to bring the matter to a conclusion as soon as possible.

It was moved by Councillor Gould, seconded by Councillor Crooks and unanimously

RESOLVED –

(i)                  the report and recommendations of  the Local Government Ombudsman be accepted;

(ii)                it be noted that the independent legal advice recommended by the Ombudsman had been commissioned and received;

(iii)               the Chief Executive be instructed to action the recommendations contained in paragraph 74 of the Ombudsman’s report immediately, with the exception of the immediate service of a Statutory Notice, whilst further urgent discussions continued between residents, RML and the Council;

(iv)       a further extraordinary meeting of the Executive be convened to consider any final proposals and agree the content of a Statutory Notice no later than the end of May 2014;

(v)                 the request for an additional payment to residents be noted and considered at that extraordinary meeting.

Report of the Chief Executive attached.

It was reported that this had been deferred to the extraordinary meeting on 16 April.