Agenda item

Members are invited to declare at this stage of the meeting, the nature and existence of any relevant disclosable pecuniary or personal interests in the item on this agenda and to specify the item(s) to which they relate.

Councillor S Butt declared a personal interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a member of the Planning Committee at the time planning application 22/4128 was considered and the decision which formed part of the basis of the call-in to be considered under Item 3 was subsequently made. In addition, he advised that he was currently the Vice Chair of the Planning Committee.

Similarly, Councillor Dixon declared a personal interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a member of the Planning Committee at the time planning application 22/4128 was considered and decision upon.

Councillor Maurice declared a personal interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a member of the Planning Committee at the time planning application 22/4128 was considered and the decision was made. In addition, he advised that he was one of the Councillors who had signed the call-in request.

Councillor Lorber declared an interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a Trustee of the Friends of Barham Library. In addition, he advised he was also a Trustee of the Friends of Barham Park. Furthermore, he disclosed that he had been approached on different occasions by the owner of the site at 776-778 Harrow Road.

At this stage of the proceedings, legal advice was offered to members who had participated in the Planning Committee during the consideration and subsequent decision on planning application 22/4128 relating to 776 & 778 Harrow Road, which the Trust Committee decision on modification of the restrictive covenant that was not subject call-in directly related to.  Marsha Henry (Director of Law) referenced the seven principles of conduct in public life, specifically highlighting issues of objectivity and integrity which pertained to the way in which the average person might perceive the deliberation of the decision and whether members could arrive at a decision objectively. While there were differences in the matters being deliberated, it was advised that, in terms of perception, it would be prudent for members who had been involved in the consideration of the relevant planning application to withdraw from discussions on the restrictive covenant issues. Consequently, due to their declared interests as members of the Planning Committee who had participated in the decision on the planning application relating to the site and in line with legal advice, Councillors S Butt, Dixon, and Maurice withdrew from the meeting during the consideration of matters related to the restricted covenants at 776-778 Harrow Road.

Members were advised that Councillor Lorber had been provided with advice in advance of the meeting which was reiterated by Marsha Henry (Director of Law), that he should consider whether he had a disclosable interest, although it was ultimately a matter for him to decide.  Councillor Lorber advised that as he had not been a member of the Planning Committee he felt able to consider the call-in matters impartially and without any form of pretermination as he was representing local views.  He therefore remained in the meeting and, having presented the call-in, continued in his role as a member of the committee. It was noted that, should any complaint arise as a result that would be subject to separate investigation under the Member Code of Conduct.

No other interests were declared at the meeting.