At its meeting held on 22 November 2010, the Council Excellence Overview and Scrutiny Committee gave consideration to the call-in of Cabinet minute 160 of 14 October 2010, in relation to The Sail Project.

The Committee agreed (6:4) (Councillors Keeley, Kearney, McCubbin and Williams voting against) –

(1)  That this Overview and Scrutiny Committee believes that the Cabinet should re-examine the issues, paying particular attention to

(a)  the need for a thorough public consultation;

(b)  a rigorous transport assessment of car parking and travel issues.

(2)  That having considered the balance of whether the perceived benefits of the proposal outweigh the perceived drawbacks, on balance, the evidence received suggests an enabling development remains the most appropriate way forward.

(3)  That, in addition, Members have noted the storage and changing issues raised by the Lake Users and is concerned that these be addressed.

Councillor J E Green informed that he would be leaving the room whilst this item of business was under discussion, not because he had a personal and prejudicial interest, but because the prospective developers had told him that they would report him to the Standards Board for England if he stayed and participated in the debate when this matter was under discussion at the Cabinet meeting on 14 October 2010 (Minute No. 160 refers) and (Minute No. 220 (25.11.2010) refers also).  Consequently, he had left the meeting on that occasion and would do so again now.

Councillor S Holbrook took the Chair.

The Cabinet was advised that at its meeting held on 22 November 2010, the Council Excellence Overview and Scrutiny Committee gave consideration to the call-in of Cabinet Minute No. 160 of 14 October 2010, in relation to The Sail Project.

The Committee had agreed (6:4) (with Councillors Keeley, Kearney, McCubbin and Williams voting against) –

“(1)  That this Overview and Scrutiny Committee believes that the Cabinet should re-examine the issues, paying particular attention to

(a)  the need for a thorough public consultation;

(b)  a rigorous transport assessment of car parking and travel issues.

(2)  That having considered the balance of whether the perceived benefits of the proposal outweigh the perceived drawbacks, on balance, the evidence received suggests an enabling development remains the most appropriate way forward.

(3)  That, in addition, Members have noted the storage and changing issues raised by the Lake Users and is concerned that these be addressed.”

Councillor S Holbrook moved the following Motion which was seconded by Councillor G Gardiner:

(1)  the Cabinet thanks the Council Excellence Scrutiny Committee for their painstaking and thorough investigation of the issues at the ‘call in’ meeting and welcomes their findings;

(2)  the Cabinet reaffirms that the purpose of this project is to secure a world class sailing school and supporting facilities for the West Kirby Marine Lane, and that a Hotel development on the Dee Lane car park is an enabling development to bring about that goal;

(3)  the Cabinet notes the views of Lake Users and believes that any development agreement must also ensure that amenities for lake users should be preserved or enhanced paying particular regard to storage and changing facilities as evidenced to the Scrutiny Committee;

(4)  without prejudice to the planning process, Cabinet reaffirms its support in principle for an enabling hotel development.  However, Cabinet requires, as a matter of urgency, that a rigorous transport assessment of car parking and transport issues is completed (setting out the best possible proposals for minimising the net loss of car parking) and the Stakeholder Consultation and Engagement Plan is revised, all to the satisfaction of Council Officers; and that this is completed by no later than 30 March 2011.  Cabinet authorises the Director of Law, HR and Asset Management (in consultation with the Cabinet Member for Corporate Resources, the Interim Chief Executive and the Director of Technical Services) to finalise Heads of Terms for the Development Agreement once this has all been done, or to terminate the project if the deadline is not met;

(5)  the Cabinet notes that Carpenter Investments no longer have exclusivity in relation to this development and indicates the willingness of the Council to enter into discussions with other interested parties and potential developers on any alternative plans which they might have to provide world class sailing school facilities; and

(6)  a further report be brought to Cabinet on 14 April 2011.

Councillor A Hodson moved the following Amendment that was seconded by Councillor D Elderton:

That

(1)  the Cabinet confirms its decision of 14 October 2010 (Minute No. 160 refers); and

(2)  the Director of Law, HR and Asset Management be instructed:

  (a)  to express the Cabinet’s sincere appreciation and thanks to Carpenter Investments for their considerable commitment to the Sail Project since 2007, but to inform them that the Council will not proceed further with this development; and

  (b)  following consultation with the Interim Director of Technical Services, to report back to a future Cabinet meeting with options for securing the future enhancement, or reprovision, of the Sailing School, without involving any material net loss of car parking in the vicinity.

The Amendment was put to the vote and was carried 4 for to 3 against.  It then became the Substantive Motion and was put to the vote and was carried 4 for to 3 against.  Consequently, the Cabinet

RESOLVED:  That

(1)  the Cabinet confirms its decision of 14 October 2010 (Minute No. 160 refers); and

(2)  the Director of Law, HR and Asset Management be instructed:

  (a)  to express the Cabinet’s sincere appreciation and thanks to Carpenter Investments for their considerable commitment to the Sail Project since 2007, but to inform them that the Council will not proceed further with this development; and

  (b)  following consultation with the Interim Director of Technical Services, to report back to a future Cabinet meeting with options for securing the future enhancement, or reprovision, of the Sailing School, without involving any material net loss of car parking in the vicinity.