Agenda and minutes

Apologies were received from Councillors Pat Antcliff, Kathy Clegg, Michael Durrant, Michelle Emmens, Stuart Fawcett, Mark Foster, Pam Jones, William Jones, Nicki Morley, Carolyn Renwick, Richard Spooner, and Kevin Tait.

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interests, not already on their register of interests, in any items on the agenda and withdraw from the meeting at the appropriate time. 

There were no declarations of interest.

The Chair of the Council has agreed to a requisition, signed by five Members of the Council (Councillors Ross Shipman, David Hancock, Pat Antcliff, Heather Liggett and Richard Spooner), to hold this Extraordinary Meeting of Council, as provided for under Section 3.1 of the Constitution, to consider and determine the following Motion.

Motion A – Submitted by Councillor R Shipman

Council notes:

·       Concerns that Clay Cross Angling Club are being asked to remove fish from Wingerworth Lido “without further delay.”

·       NEDDC hasn’t paused the Friends of Wingerworth Lido group process while an open and transparent review is conducted by Environment Scrutiny Committee.

·       Fishing is currently not allowed at Wingerworth Lido.

·       NEDDC has not carried out any pond maintenance, or equality impact assessments or evaluated the environmental implications of any proposed changes.

Council resolves to:

·       Rescind Motion ‘C’ (Council on 22 September 2025)

·       Immediately allow Clay Cross Angling Club to maintain the welfare of the fish stock, and allow angling permits for Wingerworth Lido to be applied for (through NEDDC or Wingerworth Parish Council or an angling club), prohibit any fish removal or site alterations, and stop the Friends of Wingerworth Lido proposal.

·       Conduct an open and transparent public consultation on the Lido’s future including, but not limited to, the question of angling.

·       Report back to Full Council within 6 months on the consultations’ findings, and recommended implementation plan for approval and recommendation by Council, to Cabinet for a formal decision.

·       Conduct an Environmental Impact Assessment, and if the consultation leads to a proposed change of use, an Equality Impact Assessment.

Public Consultation plan

The Information and Improvement Team will lead an open and transparent consultation with the public and stakeholders to determine the future of the Lido.

1.      Methods for feedback:

Online and In-person opportunities

2.      Consultation Data Handling

Information and Improvement Team to:

• Collate all responses.

• Fact-check submissions where required.

• Produce a comprehensive report summarising key findings.

3.      Post-Consultation Process

• The Information and Improvement Manager will establish a multi-stakeholder Working Group (including NEDDC, WPC, CCAC, and community representatives).

• The Working Group will review the findings and develop a long-term plan for the Lido.

The Chair of the Council had agreed to a requisition, signed by five Members of the Council (Councillors R Shipman, D Hancock, P Antcliff, H Liggett, and R Spooner) to hold an Extraordinary Meeting of Council, as provided for under Section 3.1 of the Constitution, to consider and determine a Motion proposed by Councillor R Shipman.

As the Motion called to rescind a decision arising from a Motion moved and adopted at a Council meeting within the past six months, one third of all Councillors had to sign the notice of Motion, as set out in Section 13.1 of the Council Procedure Rules.  The required number of signatures had been received, the following Councillors had signed: Councillors P Antcliff, H Liggett, R Spooner, P Windley, J Stokes, A Dale, R Welton, N Baker, M Foster, W Jones, P Jones, S Clough, D Hancock, R Shipman, M Roe, H Wetherall, C Renwick, and K Tait.

The Assistant Director of Governance and Monitoring Officer read out a statement in response to an email from Councillor D Hancock to all Members in advance of the meeting.  This outlined the legal position and confirmed the professional view of both the Monitoring Officer and the external legal advisors that the motion of 22 September 2025 was lawful. It also confirmed that the Environment Scrutiny Committee could carry out this review without a motion from Council.  A copy of the statement by the Monitoring Officer was tabled at the meeting. Members were offered the opportunity to ask any questions of clarity.

Councillor D Hancock queried what he believed to be an apparent contradiction in the advice; that only a court of judicial review would determine legality, yet the wording suggested that the Motion would not be found unlawful.  The officer clarified that the phrase reflected professional opinion, including that of an external solicitor, and confirmed that only a court can make a legal determination.

Councillor K Gillott sought confirmation that the legal advice remained consistent throughout proceedings. It was confirmed that it had.

Questions were raised regarding whether Asset Management Board or Cabinet held authority for asset-related decisions.  The Assistant Director of Governance and Monitoring Officer confirmed that under law and the Council’s Constitution, formal decisions on assets could only be made by Cabinet.  Asset Management Board may make recommendations or express opinions, but not formal decisions. It was also confirmed that the decision to terminate the lease had been made by an officer under delegated authority, not by Cabinet or Asset Management Board, and the final decision on the asset’s future remained with Cabinet.

Questions were also raised regarding the wording of the Motion agreed at Council on 22 September 2025, asserting that it explicitly placed decision-making with the Asset Management Board.  The Assistant Director of Governance and Monitoring Officer confirmed that constitutional law prevailed regardless of the wording.

A Councillor queried whether the alteration of an amendment complied with the Council Procedure Rules.  The Assistant Director of Governance and Monitoring Officer responded that an  ...  view the full minutes text for item COU/57/25-26