Decision Maker: Cabinet
Status: Decision has been rejected
Is Key decision?: Yes
Is subject to call in?: Yes
Decision:
At the Cabinet meeting held
on 15 October 2024, Cabinet agreed to uphold the recommendation of
the joint Scrutiny Committee and refer the matter to full
Council.
Cabinet
resolved:
-
To note the recommendation from the Joint Meeting of the
Children and Education and Growth, Resources and Communities
Scrutiny Committee on 2 August 2024 and resolved to
(i)
rescind Executive
Decision JUL/24CAB15 made on 16 July 2024 and
(ii)
refer the matter to
Full Council.
-
That the proposal to lease the whole of Area C to the
Academy Trust shall be advertised in accordance with Section
123(2A) of the Local Government Act 1972 so that any objections
made thereto may be considered before any lease of the whole or
part of Area C is granted to the Academy
Trust.
-
That Cabinet records that it would be minded to decide
that further negotiations should take place with the Academy Trust
and the Department for Education, with a view to leasing and/or
fencing approximately 60% of Area C for the use of the Academy
Trust.
The below recommendations
were rescinded. See above for agreed
recommendations.
Cabinet resolved
to:
1. Approve
that the area of land to be demised to Ken Stimpson Academy, in
addition to the main school site (Area B), and under the new
125-year academy lease, should be all the land designated for
education use and as shown as Area C in the plan on the next
page.
2. Agree
to the request from Ken Stimpson Academy, for the council to erect
a fence around all of the area of land in Area C. This is to
support the academy’s safeguarding requirements and to enable
it to deliver its outdoor education curriculum.
3. Agree
for the council to pay a contribution towards the costs associated
with the supply and installation of the fence.
4. Approve
that the council enters into a Community Use Agreement with the
academy to enable continued community use of the playing fields
outside of school hours.
Options and reasons can be
found in the attached report.
Publication date: 17/07/2024
Date of decision: 16/07/2024
Effective from: 23/07/2024
This decision has been called in by:
-
Charlotte Cameron who writes A call-in request has been received from 3 scrutiny committee members. The Monitoring Officer is currently reviewing this request and will provide a decision by 23 July 2024.
This decision has been held until that decision has been made."
-
Charlotte Cameron who writes A request for call-in of the Executive decision made by Cabinet on Monday, 16 July and published on Tuesday, 17 July 2024 regarding Ken Stimpson Academisation JUL24/CAB/15, has been received from Cllrs John Fox, Christian Hogg and Sarah Hillier.
The Monitoring Officer has reviewed the request and has accepted the call-in for the reasons outlined below:
- Whilst call-in should only be used in exceptional circumstances, the members making the request have provided some evidence that the decision may not have been taken in accordance with the decision-making principles (para 10.3, Part 4, Section 8 – Scrutiny Committee Procedure Rules).
- The request to call-in the decision was received in writing, within the required time, setting out the resolution the members wish to call in and giving the reasons why the Scrutiny Committee should review or scrutinise the decision and consider referring it back to the Executive (para 10.10).
- The Constitution provides that the call-in request will be deemed valid unless any of three criteria apply, and I do not consider that they apply (para 10.11).
A meeting of the relevant Scrutiny Committee will now be arranged to consider the call-in."
-
Charlotte Cameron who writes This decision was taken to a Joint Meeting of the Children and Education and Growth, Resources and Communities Scrutiny Committee. A review of the call-in and original decision was held and the Committee UNANIMOUSLY agreed to recommend:
That Cabinet refer this item to Full Council to get the views of members, allowing time for sufficient public consultation, and for Council to then make two recommendations back to Cabinet, the first surrounding the amount of land to be included in the lease to Ken Stimpson Academy, and the second to be regarding the amount of open space, if any, that the council will fence off from public access, along with the specific requirements of the fence for safeguarding purposes."
-
Charlotte Cameron who writes The recommedation will be heard at the Cabinet meeting on Tuesday, 15 October 2024."
Accompanying Documents: