Agenda, decisions and minutes

Apologies for absence had been received from Councillor Mike Hancock.

There were no declarations of interests.

The record of decisions of the Cabinet meeting of 6 January 2014 is attached.

RECOMMENDED that the record of decisions of the Cabinet Meeting of 6 January 2014 be agreed and signed by the Chair as a correct record.

DECISION:

That the record of decisions of the Cabinet meeting of 6 January 2014 be agreed and signed by the chair as a correct record.

DECISION:

That the omission of this key decision report containing exempt information in the February forward plan be noted.

That in view of the contents of the following items on the agenda the Cabinet is RECOMMENDED to adopt the following motion:

“That, under the provisions of Section 100A of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Act, 1985, the press and public be excluded for the consideration of the following items on the grounds that the reports contain information defined as exempt in Part 1 of Schedule 12A to the Local Government Act, 1972”.

The public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

Under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) England Regulations 2012, regulation 5, the reasons for exemption of the listed items is shown below.

Members of the public may make representation as to why the item should be held in open session.  A statement of the Council’s response to representations received will be given at the meeting so that this can be taken into account when members decide whether or not to deal with the item under exempt business.

(NB     The exempt/confidential committee papers on the agenda will contain information which is commercially, legally or personally sensitive and should not be divulged to third parties.  Members are reminded of standing order restrictions on the disclosure of exempt information and are invited to return their exempt documentation to the Local Democracy Officer at the conclusion of the meeting for shredding.)

Item                                                                             Exemption Para No.*

Anson Road    (Appendices 1 & 3 only)                                 3

* Paragraph Numbers:

1. Information relating to any individual

2. Information that is likely to reveal the identity of an individual

3. Information relating to the financial or business affairs of any particular person    (including the authority holding that information)

DECISION:

That in view of the contents of the following item on the agenda the Cabinet adopted the following motion:

That under provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from consideration of the following item on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972.

The purpose of report by the Head of Corporate Assets, Business and Standards (with exempt appendices 1 & 3) is to seek authority to:

·         Dispose of the freehold interest in Area 1 of the former Jayhards Site to the existing long leaseholder and;

·         To release the restrictive covenant in respect of land sold by the City Council in 2003 to BT.

·         To grant consent in the City Council's capacity as Landlord to an assignment of the lease of Area 2 of the Jayhards Site to Portsmouth Community Football Club Limited and a change of use to car parking.

(The parcels of land referred to are shown on the plan at Appendix 2)

RECOMMENDED that:

(1)  The Head of Corporate Assets, Business and Standards be authorised to dispose of the freehold interest in Area 1 of the Jayhards Site to Point Estates LLP, for the consideration as detailed in the exempt appendix of the report.

(2)  Landlord's consent be granted for an assignment of the leasehold interest in Area 2 Jayhards Site from Point Estates LLP to Portsmouth Community Football Club Ltd and a change of use (subject to Planning consent) to car parking.

(3)  That the City Council release the restrictive covenant in its favour affecting the former BT Site for the consideration detailed in the exempt appendix of the report.

(4)  The City Solicitor be authorised to conclude all legal documentation relating to this matter.

(1)  The Head of Corporate Assets, Business and Standards be authorised to dispose of the freehold interest in Area 1 of the Jayhards Site to Point Estates LLP, for the consideration as detailed in the exempt appendix of the report.

(2)  Landlord's consent be granted for an assignment of the leasehold interest in Area 2 Jayhards Site from Point Estates LLP to Portsmouth Community Football Club Ltd and a change of use (subject to Planning consent) to car parking.

(3)  That the City Council release the restrictive covenant in its favour affecting the former BT Site for the consideration detailed in the exempt appendix of the report.

(4)  The City Solicitor be authorised to conclude all legal documentation relating to this matter.

(TAKE IN REPORT BY HEAD OF CORPORATE ASSETS, BUSINESS & STANDARDS (WITH EXEMPT APPENDICES 1 AND 3))

DECISIONS:

(1)          The Head of Corporate Assets, Business and Standards be authorised to dispose of the freehold interest in Area 1 of the Jayhards Site to Point Estates LLP, for the consideration as detailed in the exempt appendix of the report.

(2)          Landlord's consent be granted for an assignment of the leasehold interest in Area 2 Jayhards Site from Point Estates LLP to Portsmouth Community Football Club Ltd and a change of use (subject to Planning consent) to car parking.

(3)          That the City Council release the restrictive covenant in its favour affecting the former BT Site for the consideration detailed in the exempt appendix of the report.

(4)          The City Solicitor be authorised to conclude all legal documentation relating to this matter.

To agree the date of a Special Cabinet Meeting regarding the Budget (the reports for this to be submitted to Council on Tuesday 11 February 2014) to be held on Monday 10^th February, at a suggested time of 9am.

A special Cabinet meeting was set for Tuesday 11^th February at 10am, prior to Council later that day.

It was reported that the government announcement was awaited regarding the threshold for referendums on council tax which may affect the discussions of council tax setting on 11 February at the council meeting.  It was however decided that a special Cabinet meeting should be set earlier that morning at 10am on the 11^th for consideration of this item.