Agenda item

Please note: Any member of the public requiring to put a question to the Town Council must do so by email or via The Guildhall no later than 12 noon the day before the meeting.

Members of the public are advised to review the Receiving Public Questions, Representations and Evidence at Meetings document prior to attending the meeting.

The Chairman confirmed a public question had been received.

In the absence of the resident who submitted the question, the Town Clerk read the question aloud in accordance with the Town Council’s Public Question Policy.

The Town Clerk requested to offer a response to the public question received on the approval of the Chairman.

The Town Clerk advised Members that, at the time the public question had been raised, full information from Cornwall Council had not been available. Since then, the Clerk had liaised with Marie Whittam regarding her concerns and shared the draft report included within the circulated reports pack, for which Marie Whittam had expressed her appreciation.

The Town Clerk stated that the response received from Cornwall Council, together with the draft report, demonstrated that the Town Council had acted diligently in seeking to understand Cornwall Council’s processes and, where appropriate, had challenged matters on behalf of the community.

Cornwall Council acknowledged that the wording within the Director’s Report could have been clearer, particularly in relation to engagement with representatives of the Town Council. They recognised that this had caused difficulties and confirmed that this would be taken into account in future report writing where reference is made to consultation or engagement with third parties.

In the interests of openness and transparency, the Town Clerk requested that Cornwall Council’s written response to last month’s resolution be attached to the minutes, along with the Clerk’s draft report.

The Town Clerk advised that, should Members be satisfied with the information provided, they may wish to delegate the task of communicating the Town Council’s position to Marie Whittam.

The Town Clerk invited questions and expressed hope that the report would provide clarity and reassurance to those who had raised concerns.

Councillor Brady expressed appreciation for the Town Clerk’s work and referred to Section 123 of the Local Government Act 1972 (LGA), noting the requirement for local authorities to advertise the disposal of public open space for two consecutive weeks, which he believed had not been met. Councillor Brady also raised concerns regarding Cornwall Council’s lack of engagement with the Rugby Club in relation to the disposal of land.

Members discussed the legal processes involved and expressed concerns regarding the transparency of the procedure undertaken by Cornwall Council.

The Town Clerk referred to her report within the circulated pack, confirming that Cornwall Council had met the requirements of Section 123 by advertising the land for sale in the Cornish Times on 9 and 16 July 2025. She further noted that discussions had taken place between Cornwall Council and the Rugby Club, and that the working relationship was well established.

Some Members expressed the view that the Rugby Club had not been sufficiently involved in discussions relating to the sale of Burraton Field and raised concerns regarding fairness and the potential prioritisation of commercial interests.

Members considered whether to seek legal advice from a Barrister to review the lawfulness of the process undertaken by Cornwall Council.

Councillor McCaw queried what outcome the Town Council would be seeking should external legal advice be commissioned, and whether doing so might affect the Town Council’s position in the event that a future planning application were submitted.

Members discussed the planning process, noting their role as statutory consultees and their ability to make representations at the appropriate stage, with reference to the Saltash Neighbourhood Plan and the statutory rights applicable during the consideration of planning applications.

Some Members expressed concern that seeking legal advice could impact the working relationship with Cornwall Council; however, some also felt that trust had been affected by inaccuracies and misrepresentations within the Director’s Report.

The Town Clerk reported that evidence indicated Cornwall Council had acted within its legal powers and emphasised the importance of clearly identifying the specific matters Members wished to challenge.

The Town Clerk further noted that Cornwall Council officers had indicated that any future development would be required to deliver enhanced sporting facilities within Saltash, and confirmed that no planning or pre-application submissions had been made to date.

It was proposed by Councillor Brady, seconded by Councillor Martin and RESOLVED that a Barrister be appointed to provide advice on the legality of the process followed by Cornwall Council to date, with costs allocated to budget code 6273 EMF Legal Fees.

Following a vote of two in favour, the motion was not carried.

Members further discussed the planning process and agreed that, once a planning application is submitted, the Town Council would have the formal opportunity to comment as part of the statutory consultation process.

Following a vote (9 in favour, 3 against and 4 abstentions) it was proposed by Councillor Johns, seconded by Councillor Brady and RESOLVED to create a working group consisting of Councillors Brady, Martin, Johns, Miller and McCaw to review Cornwall Council’s process regarding the sale of Burraton Field.