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EAST BERGHOLT PARISH COUNCIL

DRAFT MINUTES – THESE MINUTES HAVE NOT BEEN APPROVED AND ARE SUBJECT TO
AMENDMENT AT THE NEXT COMMITTEE MEETING.

MINUTES OF THE SECTION 146 NOTICE COMMITTEE

16 JUNE 2022

Present – Parish Councillors
Councillor J Miller (Chairman)
Councillor R Allen
Councillor P Dent
Councillor M Hockley
Councillor M Hurley
Councillor S Mills
Councillor J Price
Councillor N Roberts
Councillor G Woodcock

In Attendance
Mr G White, Parish Clerk
One member of the public

OPEN PUBLIC SESSION
Tony Brigden addressed the Council regarding his concerns over the main subject matter of this meeting.
He considered that the Council should not be conducting this matter in ‘secret meetings’ and spending
large amounts of public money without the details being in the public domain. Whilst the Clerk had advised
that the exclusion of the public was in accordance with the law and the accounts were available for public
inspection, more needs to be done to keep the village informed of the matter, which was not being done.
He stated that he was acquainted with Mr Peachey but was not involved in the case, merely concerned
about the transparency. He referred to the Transparency Code for Smaller Authorities.

Mr Brigden stated that because information was not available publicly he had a number of unanswered
questions. How did the dispute emerge? Was there any pre-contract due diligence before entering into the
lease? Did the Parish Council appreciate the liability it was taking on? Why was there a peppercorn rent?
Did the Parish Council have a maintenance plan? Was the electorate informed of the lease or of the
Section 146 Notice? Why is the dispute continuing and what is preventing it from being sorted out?

The Chairman thanked Mr Brigden for his contribution and Mr Brigden left the meeting.

1. APOLOGIES FOR ABSENCE
The Committee noted the apology for absence received from Councillor Cathcart.

2. DECLARATION OF INTERESTS
No declarations of interest were made. The Chairman enquired of Councillor Dent whether he was
satisfied that he did not have any interest to declare in respect of his position as Secretary of the
County Bowls Club regarding potential sponsorship and Councillor Dent confirmed that he did not
have any declarable interest nor was there any perception of bias arising therefrom.

3. RESOLUTION TO EXCLUDE THE PUBLIC (INCLUDING THE PRESS)
It was proposed by Councillor Miller, seconded by Councillor Hurley and RESOLVED (unanimously)
that pursuant to the Public Bodies (Admission to Meetings) Act 1960 and the Local Government Act
1972 Sections 100 and 102 the public (including the press) be excluded from the meeting as publicity
would be prejudicial to the public interest by reason of the confidential nature of the business to be
transacted.

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4. SECTION 146 NOTICE ISSUES
The Council considered legal advice from its solicitors upon the Landlord’s response to the Council’s
offer in full and final settlement of this matter and following a full discussion resolved to instruct the
Councils solicitors to make a modified offer.

The meeting closed at 9.22 pm.

Chairman…………………………………………………………………………………….Date………………………………………..