Agenda – 19 May 2017

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Adderbury Parish Council Extraordinary Parish Council Meeting 19 May 2017

A G E N D A

 

1. Welcome – The Chairman to welcome members of the public to the meeting and advise on the procedure for the recording of meetings.

7.30pm

 

2. Apologies for absence – To receive any apologies for absence from the meeting.

7.30pm

 

3. Declarations of Interest – Members are asked to declare any interest and the nature of that interest, which they may have in any of the items under consideration at this meeting.

 

Advice on declarations of interest should be sought from the Clerk prior to the meeting, as advice cannot be given to Councillors at Parish Council meetings.

7.30pm – 7.35pm

 

4. Judicial Review – Land North of Milton Road, Adderbury, Banbury HM Land Registration No. ON314336 – To approve the following motions:

 

i)            the Parish Council notes that Mr Nigel Davies (the Claimant) has submitted an application for Judicial Review in relation to the land North of Milton Road, Adderbury, Banbury HM Land Registration No. ON314336;

 

ii)           the Parish Council notes that Mr Nigel Davies’ (the Claimant) application for urgent consideration of the application (within 7 days) has been refused because the court feels it necessary to have the Parish Council’s (the Defendant) response before the case can be justly determined;

 

iii)          the Parish Council notes that the application for Judicial Review submitted by Mr Nigel Davies (the Claimant) was submitted on 8 May 2017 to the High Court of Justice, Queen’s Bench Division, Administrative Court and the sealed copy and supporting papers were submitted to Councillor Chris Shallis on behalf of the Parish Council, on Thursday 11 May 2017;

 

iv)         the Parish Council notes that it has 21 days from 8 May 2017 to respond to the claim, by submitting an Acknowledgment of Service with summary grounds; the deadline being 29 May 2017;

 

v)          the Parish Council contests the claim for a Judicial Review submitted to High Court of Justice, Queen’s Bench Division, Administrative Court by Mr Nigel Davies, in relation to Land North of Milton Road, Adderbury, Banbury (HM Land Registration No. ON314336) and submits an Acknowledgment of Service with summary grounds before 29 May 2017;

 

vi)         the associated potential costs arising from this claim be approved, if the Parish Council’s insurance policy does not cover the Judicial Review and all matters relating to it;

 

vii)        in the event that the Parish Council’s insurance policy does not cover the Judicial Review and all matters relating to it, the services of Spratt Endicott be engaged and their associated potential costs arising from this claim be approved; and

 

viii)       authority be delegated to the Proper Officer of the Council, in consultation with the Chairman to make any decisions relating to this matter which in her opinion, are urgent and immediate action is required.

 

5. Public and Press – To consider passing a resolution in accordance with the Public Bodies (Admission to Meetings) Act 1960, that the public and press be excluded from the meeting for item numbered 6 on the grounds that it could involve the likely disclosure of private and confidential information.

 

6. Judicial Review – Land North of Milton Road, Adderbury, Banbury HM Land Registration No. ON314336 – To approve the following motions:

 

i)            the reasons for contesting the claim, as stated in the draft Acknowledgment of Service with summary grounds, be approved; and  (To follow)

 

ii)           authority be delegated to the Proper Officer of the Council, in consultation with the Chairman to finalise the Acknowledgment of Service with summary grounds in liaison with the appointed solicitor and submit it before 29 May 2017.