Agenda, decisions and minutes

Venue: Committee Suite, County Hall, Exeter

Contact: Wendy Simpson, 01392 384383  Email: wendy.simpson@devon.gov.uk

Items
Note No. Item

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78.

Items Requiring Urgent Attention

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

Minutes:

There was no item raised as a matter of urgency.

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79.

Exclusion of the Press and Public

Recommendation: that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Schedule 12A of the Act, namely information relating to, and which is likely to reveal the identity of, tenants and information relating to the financial or business affairs of tenants and the County Council and, in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Decision:

RESOLVED that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Schedule 12A of the Act, namely information relating to, and which was likely to reveal the identity of, tenants and information relating to the financial or business affairs of tenants and the County Council and, in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Minutes:

RESOLVED that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Schedule 12A of the Act, namely information relating to, and which was likely to reveal the identity of, tenants and information relating to the financial or business affairs of tenants and the County Council and, in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

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80.

Management and Restructuring

(An item to be considered by the Committee in accordance with the Cabinet Procedure Rules and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, no representations having been received to such consideration taking place under Regulation 5(5) thereof)

 

Report of the Interim Head of Digital Transformation and Business Support (BSS/23/03), attached.

Decision:

Land at Clyston Farm, Blackawton

 

RESOLVED

 

(a)   that the County Council enter into a long (ideally 99 year) lease as tenant of the 60 acres or thereabouts of land and buildings forming part Clyston Farm, Blackawton for the sole purpose of adding the land to the County Farms Estate and subletting it to new entrants to farming, subject to detailed terms and conditions being agreed.

 

(b)   that discussions be held with the Local Planning Authority to ascertain whether or not planning consent would be granted for a temporary or permanent agriculturally tied dwelling, that is likely to be required by a new entrant livestock farmer.

 

(c)    that the 60 acres of land and buildings (and possibly a temporary dwelling in the form of a static caravan) forming part Clyston Farm, Blackawton be advertised to let on the open market as a new entrant opportunity and on a Farm Business Tenancy for a term of seven years commencing 25 March 2024 (or as soon as practically possible thereafter) and terminating 25 March 2031, subject to terms being agreed.

 

(d)   that the County Council advises Mr H that, as policy currently stands, on the death of Mr H the County Council will accept the freehold transfer of the 60 acres or thereabouts of land and buildings forming part Clyston Farm, Blackawton but that the County Council will make Mr H aware that policy may change and should that happen before Mr H’s death, meaning that the County Council would not be in a position to accept the gift, the County Council will make him aware of that fact.

 

 

 

Minutes:

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012)

 

Land at Clyston Farm, Blackawton

 

The Committee considered and discussed the Report of the Head of Digital Transformation and Business Support (Interim) (BSS/23/03) on management and restructuring issues.  The Head of Conveyancing from the Council’s legal team was in attendance to answer any questions.

 

The Head of Digital Transformation and Business Support (Interim) reported that Mr and Mrs H, having had sight of the Report, wished it clarified at paragraph 2.1.20 that the wording in the first line be strengthened so that it read ’have stated a preference and a requirement for the property…’.

 

It was MOVED by Councillor Gent, SECONDED by Councillor Brook and

 

RESOLVED

 

(a)   that the County Council enter into a long (ideally 99 year) lease as tenant of the 60 acres or thereabouts of land and buildings forming part Clyston Farm, Blackawton for the sole purpose of adding the land to the County Farms Estate and subletting it to new entrants to farming, subject to detailed terms and conditions being agreed.

 

(b)   that discussions be held with the Local Planning Authority to ascertain whether or not planning consent would be granted for a temporary or permanent agriculturally tied dwelling, that is likely to be required by a new entrant livestock farmer.

 

(c)    that the 60 acres of land and buildings (and possibly a temporary dwelling in the form of a static caravan) forming part Clyston Farm, Blackawton be advertised to let on the open market as a new entrant opportunity and on a Farm Business Tenancy for a term of seven years commencing 25 March 2024 (or as soon as practically possible thereafter) and terminating 25 March 2031, subject to terms being agreed.

 

(d)   that the County Council advises Mr H that, as policy currently stands, on the death of Mr H the County Council will accept the freehold transfer of the 60 acres or thereabouts of land and buildings forming part Clyston Farm, Blackawton but that the County Council will make Mr H aware that policy may change and should that happen before Mr H’s death, meaning that the County Council would not be in a position to accept the gift, the County Council will make him aware of that fact.