THE DECISION:

That Councillor R Kirk be elected Chairman for duration of the meeting.

(Councillor R Kirk in the Chair)

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of item 4 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

THE DECISION:

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of the items of business at minute no SHP.6 on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A of the Act as the Panel was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Report of the Head of Legal and Information Services

The subject of the decision:

The Head of Legal and Information Services submitted a report regarding a complaint about the lack of consultation/information in connection with the potential disposal of the Auction Mart Car Park, Bedale.

The Panel heard from the complainant who had made the allegations and the District Council’s Corporate Director.

Alternative options considered:

None.

The reason for the decision:

Having considered the Director of Head of Legal and Information Services report and the accompanying documents, and having heard oral representations from the complainant and the Corporate Director, the Panel made the following findings:-

·         that there had been public consultation and community engagement during the adoption of the Local Development Framework which had, amongst other things, addressed development in Bedale including the Auction Mart Car Park.

·         that the agenda of 13 September 2013 expressly referred to the Auction Mart Car Park and this was dealt with more generally in future agendas under the same heading “Bedale Gateway Car Park”.

·         that the decision to exclude the press and public from relevant meetings had been properly applied as the reports contained exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A Local Government Act 1972, and the public interest in maintaining the exemption had outweighed the public interest in disclosing the information.

THE DECISION:

That the complaints set out in paragraphs 3.2.1, 3.2.2 and 3.2.3 of the Head of Legal and Information’s report are not upheld.

The appeal is, therefore, dismissed.