To receive questions from members 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, Councillor 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.
My question to the Council is: 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?”
Question submitted by Lisa Hopkinson on behalf of Transition Chesterfield:
“We welcome the appointment of the new climate officer and look forward to urgent implementation of the Climate Action Plan, agreed in February 2020. Although Covid-19 has delayed this, we hope that the Council will give the plan its utmost priority in 2021, the year of the United Nations Climate Change conference in Glasgow COP26.
The Council's plan, which was always intended as a starting point only, is largely focused on actions to address the direct emissions from the Council within their direct control. However, there are many additional actions that need to happen throughout the borough, in every sector and ward. How and when does the Council intend to engage with the wider community to ensure that carbon emissions are reduced significantly throughout the borough, and how and when are councillors planning to engage with their constituents on this?”
Minutes:
Under Standing Order No. 12, the following questions were asked:
“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.
My question to the Council is: 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?"
Councillor P Gilby, Leader of the Council, provided a verbal response referring to:
· The responses given to Mr Kerley’s questions on this issue at previous Council meetings and responses provided to his requests under the Freedom of Information Act;
· The Council’s willingness to assist the Information Commissioner when contacted;
· The Council following appropriate legal procedures in relation to this complex matter, which were time-consuming, and that disclosure of further detail would breach legal professional privilege.
Max Kerley asked a supplementary question as to when it was expected that mediation leading to potential compensation or legal proceedings would be commenced.
Councillor P Gilby provided a verbal response confirming that appropriate legal procedures were being followed, which were complex and time-consuming, and that she was not able to disclose further information at this stage.
(2) by Lisa Hopkinson on behalf of Transition Chesterfield:
“We welcome the appointment of the new climate officer and look forward to urgent implementation of the Climate Action Plan, agreed in February 2020. Although Covid-19 has delayed this, we hope that the Council will give the plan its utmost priority in 2021, the year of the United Nations Climate Change conference in Glasgow COP26.
The Council's plan, which was always intended as a starting point only, is largely focused on actions to address the direct emissions from the Council within their direct control. However, there are many additional actions that need to happen throughout the borough, in every sector and ward. How and when does the Council intend to engage with the wider community to ensure that carbon emissions are reduced significantly throughout the borough and how and when are councillors planning to engage with their constituents on this?”
Councillor Serjeant provided a verbal response referring to:
· The Climate Change Action Plan for 2020-23 developed by the Climate Change Working Group, including actions leading to the targets of becoming a net carbon neutral Council by 2030 and net carbon neutral borough by 2050;
· The Council’s community leadership role working with other organisations and businesses to encourage environmental best practice;
· The contribution so far of a wide range of stakeholders in developing and delivering the action plan;
· The communications and engagement plan to involve other groups and individuals who had not yet engaged with the action plan.
Lisa Hopkinson asked a supplementary question as to the expected timescales for widescale engagement by the Council and councillors with the community and their constituents on this issue.
Councillor Serjeant provided a verbal response explaining that the aim was to share a draft communications plan with stakeholders in early 2021.