Agenda and minutes

To receive a question from a member of the public in accordance with Standing Order No. 12.

Question submitted by Max Kerley:

“Demolition of Council Houses - Rufford Close, Chesterfield

At the Council meeting on 26 February 2020 in response to my question on the above topic, Cllr Gilby informed me that a full technical/geological investigation had been undertaken to establish what created the conditions that necessitated the demolition of the brand new houses on Rufford Close. It subsequently emerged that the Council had received the report of this investigation in September 2019.

On 6 March 2020, I requested a copy of the report under the Freedom of Information Act. This request was refused by the Council on the grounds that the report was being used by the Council to engage in negotiation and possible mediation with contractors who had been involved in building the houses on Rufford Close and that the Council might use the report in legal proceedings. The refusal of the Council to release this report is now the subject of an appeal to the Information Commissioner. 

At the Council meeting on 16 December 2020 I asked the Council the following question?  Based on the technical/geological report has the Council engaged in negotiations with the contractor(s) involved and reached mediation? If not, has the Council initiated legal proceedings? 

Cllr Gilby refused to answer this question and also refused to answer my follow up question which was when can we expect the Council to engage in negotiations with contractors or initiate legal proceedings. 

In the absence of any answer let alone a satisfactory answer I am forced to return to the question. Given that this sad affair has so far cost the taxpayers of Chesterfield about £1 million and that the Council has had the technical/geological report now for 17 months surely this is a long enough period of time for the residents of Chesterfield to be able to expect that the Council has now formulated a plan of action. Therefore, I ask yet again by what date can we expect the Council to engage in negotiations with contractors or by what date can we expect the Council to initiate legal proceedings?”

To move “That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act”.

Part 2 (Non-Public Information)

To move “That after the consideration of items containing exempt information the public be re-admitted to the meeting”.

Part 1 (Public Information)