Agenda item

The Chair asked for a brief update and introduction.

The Consultant Development Manager, Mr Holder, advised the Committee that the circulated report detailing the Chair of the Board’s statement to the press on 23 January 2008 was the most up to date position as to where the situation was in terms of the future of the asset. The Firoka Group had confirmed its continuing intention and to that end officers were attempting to arrange a  further meeting at which Mr Kassam could be present in order to progress matters. It was unlikely that any further progress would be made before the Board’s scheduled meeting on 26 February 2008.

In response to points of clarification from Councillors Oatway and Whyte, Mr Holder advised that following the quashing of the order in the High Court on 5th October 2007 the Board had met on 10 October 2007 and had confirmed its strategy of ‘holistic’ development. The Board further confirmed its intentions on 5th December 2007 and had asked that the Firoka Group confirm it’s continuing interest in developing the Palace. Following the Christmas and New Year period the Firoka Group confirmed its continuing interest.

In response to a number of points of further clarification from the Committee Mr Holder responded  that he had been advised that the Charity Commission, in light of the Court’s decision, were now seeking advice on how it should proceed in terms of further consultation. In respect of the existing lease, project agreement, master agreement and supplementary documents agreed with the Firoka Group  some further discussion would take place but it was unlikely that the content of any of the documents, other than the Master Agreement, would be substantially amended.

At this point Mr Aspden read a personal statement that he felt the Committee should consider in relation to the judgement.

The Chair commented that he was of the view that it was not in the remit of this Committee did not include comments on the detail of a court judgement . The Advisory Committee’s remit was to consider matters relating to the Park and Palace and its operation. Councillor Dobbie commented that he wholeheartedly agreed with the Chair’s comments and if the Committee were to accept the comments expressed then he would seek legal advice as to whether this Committee should be considering such issues.

Councillor Oatway also commented that in her view it was not a matter that this Committee should be commenting upon but that a number of the points had already been covered in the resolution passed earlier although she personally agreed with some of the comments expressed.

Ms Myers commented that the point was that the Charity Commission had not consulted properly, whether influenced by the Board/Council or otherwise and that that was the point of the judicial review and the resultant judgement. It was not in the best interest of the Charity Commission to be humiliated in this manner as a result of the judgement. Mr Frith shared this view and commented that the judgement had indeed been very clear on the issue of consultation. 

In drawing the discussion to a close those present concurred with the comments expressed in relation to the judgement. 

NOTED