Minutes of a meeting of the PROPERTIES COMMITTEE held in the Council Chamber, Drake Road, Tavistock on TUESDAY the 24th day of FEBRUARY 2009 at 6.36 p.m.

Present: Cllr Mrs D Sellis Chair
Cllr D Best
Cllr Mrs M Govier D Mayor
Cllr R Pike  Mayor
Cllr E Sherrell
Cllr J Sellis
Cllr H Smith  Chair F&GP
Cllr B Trew

In Attendance:  Town Clerk
Works Superintendent
Cllr Connelly   DCC
One member of the Press

593.   APOLOGIES
There were apologies for absence from Cllr E Sanders and Cllr C Jenkins.

594.   DECLARATIONS OF INTEREST.
Councillors were reminded to declare any personal or prejudicial interest they may have in any item to be considered at the meeting.

595.  MINUTES
The Minutes of the Meeting of the Committee held on 27th  January 2009, previously circulated and adopted by Council on 3rd February 2009 were confirmed as a true record and signed by the Chairman.

596. MATTERS ARISING
Members had asked for a tour of Council properties to be arranged.  The Chairman announced that the tour would take place on 27th March, from 1.00 pm to 4.00 pm.  Two members thought they could attend.

597.   MINUTES OF THE TOWN HALL AND MARKETS SUB-COMMITTEE
Members noted the minutes of the meeting held on 10th February 2009.   Cllr Mrs Govier asked why some Members felt it necessary to close the Market to undertake roof repairs when the Works Superintendent felt this not to be needed.  Cllr Whitcomb from the public benches said that the work had to be undertaken one day.  Members were reminded that the matter had been discussed at length and Council had made a resolution to defer the work as the leaks had been mostly stopped, and a consultation revealed the vast majority of the traders were happy with the situation. 

598.  WORKS SUPERINTENDENT'S REPORT
Members noted the report at Annex A.  The Works Superintendent gave a verbal update on a litter-bin being burnt in the Meadows, and vandals stretching a rope at neck height across the path on the Meadows.  After site meetings he intended to tarmac an area of Pixon Lane open space by the entrance and fill some of the pot-holes by the Scout hut.  The cost of £10,000 would come from the normal maintenance budget.  Members agreed it was too expensive to cover the whole area, and we should do what the experts advised.  The soak-away tests on Pixon lane had given poor results, indicating that any major work there would need comprehensive drainage provision.  The way ahead on the Fire Inspection report was now to look into individual leases to see who was responsible for the recommended work.  Drake’s Statue work was almost complete, and we had decided not to install deflection bollards as they were no longer necessary to protect the railings.

599.  MARKET REEVE’S REPORT
There was no report and Members were referred to the report in the minutes of the Town Hall and Markets Sub-Committee.  Cllr Mrs Govier raised the subject of The Deputy Marker Reeve’s paper.  He was congratulated on such a long-term vision.  Members recalled paying towards a report on the Guildhall 5 years ago, and no action had yet been taken.  They asked that we write to WDBC asking them to use their powers to ensure the Guildhall was maintained as a listed building should be.  Cllr Sherrell again advised against taking on the Guildhall as a constant drain on Council resources.  Members felt that a visit to the building should be arranged. 

600.   TOWN HALL MANAGER’S REPORT
There was no report and Members were referred to the report in the minutes of the Town Hall and Markets Sub-Committee. 

601.  PUBLIC BODIES (ADMISSION TO MEETINGS) ACT 1960
Pursuant to Section 1(2) of the Public Bodies (Admissions to Meetings) Act 1960 and having regard to the confidential nature of the business to be discussed it was RESOLVED that the press/public be excluded from the Meeting for the following item concerning leases.

602.   OLD FOLKS REST ROOM

a.   The Clerk gave an up-date on the current position.  On 24th October we had been given notice that the lease was being terminated on the 22nd February.  We queried that on the basis of the clause about prior planning permission in the lease.  On 16th December our lawyers confirmed all was in order and the termination was legal.  (Hunstrete had applied for planning permission on the 23 April 07, withdrew 13th September 07, again applied 19th May 2008, was refused 22 July 2008, appealed 11th November 2008, and appeal dismissed 23rd January).  They were ‘now considering their position’.  After the Council meeting on the 7th January we asked Hunstrete’s agent if there was any possibility of a licence to stay for a period and at what cost.  Their agent first thought they might accept a year’s licence at £20,000, then thought they might accept £15,000.  The latest from him is that he felt Hunstrete wanted vacant possession.  Any compensation would be payable next February in accordance with the terms of the lease, and compensation is only payable if an acceptable planning permission is not granted by 23rd February 2010.  The lease further states that if the acceptable permission is granted prior to 22nd February 2010 then the compensation payment will not be made (and in that event we hoped WDBC would negotiate a s106 agreement in the Rest Rooms favour).  In the meantime we have emptied the old building, given the tenant of Archway unit notice to quit by 27th March, and applied for Listed Building Consent (for kitchen/toilet modifications) and change of use to WDBC.   Until that building is ready the customers can use the Anchorage centre on 3 days a week, and the Mayor said that indications were that this facility was proving popular with the users.

b.   Members considered a letter from Mr Lee concerning the use of Unit 26 (Silver Surfers).   Members wished to retain that as a popular retail unit and were unwilling to give up the rental income.  After some debate about the need to provide any Rest Room facilities at all, it was agreed that the Archway unit was the better option, more central and close to transport links and more than big enough for normal day-to-day use.  The Clerk was directed to write to Mr Lee expressing regret that his suggestion could not be taken up, and assuring him that the Council would maintain their commitment to the Rest Room.

603.  CATTLE MARKET AND AUCTION ROOM LEASES

a.   Cllr Best declared a personal interest as the Council’s representative on the Refurnish board.  Cllr Pike declared a personal interest over connections to Ward and Chowen on other committees.

b.   The Clerk gave an up-date on both leases with copy of advice from Drew Pearce.  A copy of the latest letter from Ward and Chowen’s solicitors concerning the Auction Rooms was tabled.   Noted that the Cattle Market Lease had ended 8th December 2008, and we were now on the third draft with Ward & Chowen for signature.  We were now billing them monthly in arrears for mesne profits.    Members noted Drew Pearce’s concerns and comments. 

c.   Ward and Chowen have a lease on the Auction Rooms until October 2011.  The Council meeting on 6th October directed the Clerk to write to Ward & Chowen concerning traffic, lorries and parking in Market Road and asking them to bear these concerns in mind in any possible assignment of the lease.  However, they had informed us officially on 9th February that they wished to grant an underlease to Refurnish.  We referred them to a covenant in the lease that the property is only to be used for estate agents/auctions, and have asked for more information about deliveries, finances etc.  This is with their lawyers now.  We may not ‘unreasonably refuse or delay consent’.  Drew Pearce had suggested that we allow the sub-lease for reasons explained to Members.

d.   Cllr Sherrell was certain that we had to support the Cattle Market, and proposed that we take Drew Pearce’s suggestions.  After some debate, and after allowing members of the Finance and General Purposes Committee in the Chamber to also comment, the Chairman called a vote on the motion that we accede to the request to allow an underlease, and that we set aside the covenant on the use of the Auction Rooms.  The vote was tied 3 for and 3 against with one abstention, and the Chairman made a casting vote in favour of the proposal which was so RECOMMENDED. 

604.   At 7.30 pm the Chairman then adjourned the Properties meeting to allow the Finance and General Purposes Committee to vote on the motion that had just been recommended to Council.   Cllr Sherrell left the Chamber.

605.   At 7.40 pm the Chairman re-convened the Properties Committee.

606.   PUBLIC BODIES (ADMISSIONS TO MEETINGS) ACT 1960
RESOLVED that the public and press be re-admitted to the Meeting.

607.  URGENT BUSINESS BROUGHT FORWARD AT THE DISCRETION OF THE CHAIRMAN.

a.   Members had received a request from a Mr Batten to be allowed to hold a car boot sale on Pixon Lane every Sunday afternoon from 2 pm until 4 pm the proceeds to go to the youth football club.  Cllr Trew explained the Council’s liability under the Occupiers Liability Act due to the rough state of the ground, and the need to provide constant access to units beyond our land, and with regret Members decided not to allow the request.

b.   A request from the Scouts to be allowed to plant a 100-year anniversary tree in Pixon Lane on their grassy area by the existing memorial tree was unanimously approved.

 

Signed………..…………………..

Rising 7.  55 p.m.              Dated……………………………

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