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Minutes of the Extra Ordinary Parish Council Meeting held on 9th December 2015

WHEATLEY PARISH COUNCIL

MINUTES OF THE EXTRA ORDINARY MEETING OF THE PARISH COUNCIL
HELD ON WEDNESDAY 9TH DECEMBER 2015 IN THE MERRY BELLS HALL AT 7.30PM
PRESENT: Councillors: G Stephens, R Bell, P Hood, A Walkey, S Coleridge,
P Willmott, P Gregory, P Bignell, G Birks, R Reilly and I Roberts

OFFICERS: Gareth Morris, Clerk to the Parish Council
97. APOLOGIES FOR ABSENCE had been received from Cllrs Carr, Newman
A Davies and T Davies
98. DECLARATIONS OF INTEREST – None
99. MINUTES OF THE ORDINARY MEETING HELD ON 2nd NOVEMBER 2015 which had been circulated with the Agenda were signed as a correct and accurate record
100. RESOLUTION TO EXCLUDE THE PUBLIC
Cllr Hood proposed and ad Cllr Reilly seconded that under Section 100A(4) of the Local Government Act 1972, the public be excluded on the grounds that it involves the likely disclosure of exempt information as defined in paragraph X of Part 1 of Schedule 12A to the Act, namely private contractual and employment matters.
This was AGREED
101. TO CONSIDER MATTERS RELATING TO THE VILLAGE GREEN
APPLICATION

i) To consider the acceptance of the ‘Memorandum of Understanding’ (MoU) as drawn up by the Oxford Diocesan Schools Trust.
ii) To decide on the Parish Council’s position on the Enquiry into the Parish Council’s Village Green Application

Councillors had before them the Memorandum of Understanding as drawn up by the Oxford Diocesan Trust, the response of the Diocese to the queries raised by the Memorandum and advice from the Parish Council’s solicitor on the Memorandum; also a copy of a draft letter from the County Council saying it supports the landlord’s consent to grant a sub-lease to Parish Council by ODST would be considered favourably provided the conditions of the Memorandum of Understanding

Cllr Birks took the council through the process that had led to the MoU being drawn up and the queries raised and the responses.

Following the legal advice the Parish Council had received she felt that the Application should be withdrawn and the Parish Council should sign up to the Memorandum of Understanding and request the following amendments:
Clause 2.3 – a request for the two month period to be changed to 6 months

Clause 2.4 – that Oxfordshire County Council also sign the MoU

Clause 2.6 – the first sentence be reworded to commit the Trust to apply for a new underlease if requested.

Clause 2.8 – Agree to leave as in MoU

SCHEDULE – Clause 4 – Principle Heads of Terms

2nd bullet point – Clarification to be sought on the significance of the reference to
‘planning permission’. The Parish Council is anxious to ensure that recreational
use will be acceptable

In the discussion that followed the feeling of the meeting was that given the legal
advice the Parish Council had received on the difficulty of success of the village
green application and the fact the Council seemed to have a good working
relationship with the Diocese the compromise solution of the Memorandum of
Understanding and the use of an underlease was a satisfactory one.

The Parish Council’s decision should be communicated to the village via the newsletter.

At the end of the debate Cllr Birks proposed and Cllr Coleridge seconded that “The Parish Council agrees to withdraw its application for the registration of a Village Green at the earliest opportunity on the basis that the Parish Council will sign the proposed Memorandum of Understanding and asks the Diocese to consider the Parish Council’s suggested amendments as discussed above.”
This was AGREED unanimously

102. DATE OF NEXT MEETING – MONDAY 4th JANUARY 2016 – Noted