Council and Democracy

Agenda item

Public Questions to the Council

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?”

 

 

Minutes:

Under Standing Order No. 12, the following question was asked by Max Kerley:

 

“Demolition of Council Houses on 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?”

 

Councillor P Gilby, Leader, provided a verbal response, confirming the Council’s willingness to assist the Information Commissioner when contacted and re-iterated that the Council was 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 legal proceedings would be commenced.

 

Councillor P Gilby provided a verbal response, advising Mr Kerley again that the Council was following appropriate legal procedures and referring to the Council’s recent record and future plans for building and acquiring new Council homes.