NORTH YORKSHIRE COUNTY COUNCIL

NOTICE OF URGENT PRIVATE ITEM

Access to Information Procedure Rule 16

Land/property purchase in North Yorkshire

To the Chairman of the Corporate and Partnerships Overview and Scrutiny Committee

The County Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.

Under Access to Information Procedure Rule 16:

16.1 Where the date by which a decision must be made makes compliance with Rule 15 (general exception) impracticable, then the decision can only be made if the decision maker (if an individual) or the Chairman of the body making the decision, obtains the written agreement of the Chairman of a relevant overview and scrutiny committee that the making of the decision is urgent and cannot reasonably be deferred. If there is no Chairman of a relevant overview and scrutiny committee, or if the Chairman of the relevant overview and scrutiny committee is unable to act, then the agreement of the Chairman of the Council, or in his/her absence the Vice-Chairman will suffice.

16.2 As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16.1 above, s/he must make available at the Council’s offices a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred and publish the notice on the Council’s website.

It is anticipated that on or around 20 September 2022 a report regarding the potential purchase of land/property within North Yorkshire, to deliver the Council’s obligations to Unaccompanied Asylum Seeking Children, and the delegation of authority to specified officers to negotiate final terms, will be considered by the Executive Member for Finance and Assets.

The intention to make this decision has been published on the Forward Plan, but not for the requisite 28 clear calendar day period as the matter has arisen urgently.

The report on this matter is likely to contain exempt information as described in Paragraphs 1,2 and 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) (information relating to individuals and commercially sensitive information) and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  

This matter requires an urgent decision by the Executive Member for Finance and Assets on or around 20 September 2022 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter and to enable the Council to meet its obligations in relation to Unaccompanied Asylum Seeking Children.

In accordance with the provisions in the Access to Information Procedure Rules, I am, therefore, informing you as the Chairman of the relevant Overview and Scrutiny Committee, that it is intended that this matter be considered by the Executive Member for Finance and Assets on or around 20 September 2022 and I am seeking your agreement that the making of the decision is urgent and cannot reasonably be deferred beyond this timeframe. If you so agree, will you please confirm by email as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 31 August 2022

I agree, for the reasons stated in this notice, that the making of this decision is urgent and cannot reasonably be deferred and that this item should be considered on or around 20 September 2022.

Signed   Councillor David Ireton                                Date  1 September 2022

Chairman of the Corporate and Partnerships Overview and Scrutiny Committee