Agenda item

Report of the Town Clerk.

The Sub Committee proceeded to consider the dispensation requests submitted by Randall Anderson, Mark Bostock, Mary Durcan, Adrian Bastow, Deputy John Tomlinson, Barbara Newman and Deputy David Bradshaw for dispensations to speak (and for Mark Bostock also vote) until April 2020 on “all matters relating to the Barbican residential estate except any matter relating exclusively to [the appropriate Barbican block or portion thereof] (and not generally to the whole estate)”.

After discussion on all relevant matters, and having heard the comments of the Comptroller and City Solicitor on points raised during debate, it was

RESOLVED – That, on the dispensation requests received from Randall Anderson, Mark Bostock, Mary Durcan, Adrian Bastow, Deputy John Tomlinson, Barbara Newman and Deputy David Bradshaw for dispensations to speak (and for Mark Bostock also vote) until April 2020 on “all matters relating to the Barbican residential estate except any matter relating exclusively to [the appropriate Barbican block or portion thereof] (and not generally to the whole estate)”, the Sub Committee:-

(a)  grants dispensations to all applicants to speak until April 2020 on all “general housing matters” defined in paragraph 17 of the Standards Committee Policy and Guidance on Dispensations and as set out below, and also on the provision of parking spaces and private storage spaces separate from a dwelling, insofar as those issues affect residents of the Barbican residential estate equally. These dispensations are granted in the interests of persons living in the authority’s area.

General Housing Matters

·         Housing governance i.e. decision making, scrutiny and consultation arrangements together with any proposals for stock transfer.

·         General housing management i.e. arrangements for the proper management of the City Corporation’s housing stock and housing estates including management of common parts, estate amenities and community facilities, and commercial properties which are an integral part of housing estates, together with the procurement of services to carry out such activities.

·         General repairs and maintenance including arrangements for procuring repairs and maintenance.

·         General rent and service charge setting.

·         Strategic housing policy including allocations, homelessness and the provision of new homes;

(b)  emphasises that the dispensations have not been granted in relation to planning and licensing matters or other matters, or to speak on matters relating to the applicant’s personal dwelling, parking spaces or storage spaces;

(c)   notes that Randall Anderson has previously been granted a dispensation by the Standards Committee to speak on charging policy for car parking and stores until March 2021;

(d)  notes that the application by Mr Bostock included a request to vote but was of the view that, in order properly to consider such an application, the applicant must state the specific matter in respect of which a dispensation to vote is being sought. As drafted, the application is too widely drafted to support a dispensation to vote and the Sub Committee was not satisfied that exceptional circumstances existed that would persuade them to grant a dispensation. In any event, the provisions of Section 618 of the Housing Act 1985 apply and would prevent Mr Bostock from voting on any exercise of a function under the Housing Act 1985 which relates to land in which he is beneficially interested. This part of Mark Bostock’s application was therefore refused; and  

(e)  asked the Town Clerk that applicants be reminded that authority has been delegated to the Town Clerk to grant dispensations in appropriate circumstances, to Members who are not members of the Committee in question, for the purpose of making oral representations, answering questions, or giving evidence, relating to planning and licensing applications where the public are also allowed to attend the meeting for the same purpose.  This is dependent on the Member in question having submitted written representations on a particular application, or otherwise having satisfied the criteria to speak as a member of the public in the normal way.