Decision details

Motions on Notice:

Decision Maker: Council

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Chairman advised Members that legal advice had been received and further to discussions with the proposers, both motions on the agenda had been withdrawn.

 

The Leader of the Council apologised to Members of the public in attendance that the Motions would not be considered at the Meeting.  It was highlighted that legal advice had been sought so that any decisions taken on this important matter by the Council or the Executive were taken in the proper manner and would withstand any legal challenge.  It was advised that the Monitoring Officer would be working with the Monitoring Officer at Lincolnshire County Council to seek further legal advice on this matter to inform future decision making on the Test of Public Support.

 

As a Point of Order, Councillor Jill Makinson-Sanders queried why the legal opinion had only been received that afternoon.  In response, the Leader of the Council highlighted the significance of the subject and stated that it was a complicated issue.  It was highlighted that the matters were not specifically addressed in legislation and instead were contained in a policy document from Nuclear Waste Services which set out a new national process for dealing with these matters.  It was clarified that legal advice had been sought in the early days and since that time the Council had been seeking further legal advice.  The Council had to make an informed decision on the item, and following receiving further legal advice, although at a late stage it had been agreed to withdraw the motions.

Publication date: 03/10/2023

Date of decision: 19/07/2023

Decided at meeting: 19/07/2023 - Council