I would like to request a copy of all correspondence between Duncan Sharkey (or any other senior officer if involved) and CALA Homes in respect of the golf club deed of variation (approximately around June 2021) set out in council minutes below:
This matter is of public interest:
(i) as set out in the local newspaper story https://www.maidenhead-advertiser.co.uk/news/council-and-politics/198301/concerns-over-secret-letters-on-key-maidenhead-golf-course-decision.html
Moreover it is clearly in the public interest to disclose the letter:
(ii) the Lead Member for Planning & Governance, Cllr Adam Bermange has given his view publicly that there was a breach of The Openness of Local Government Bodies Regulations 2014, and a likely breach of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 which because of its timing in respect of the local elections amounted to "...an affront to democracy".
https://www.legislation.gov.uk/uksi/2012/2089/part/3
https://www.legislation.gov.uk/uksi/2014/2095/regulation/7
The newspaper report states:
"Cllr Bermange replied: “I hear the shock in your voice and I think I echo some of it.” Officer decision notices ‘are supposed to be used’ under legal regulations from 2014, he said. However, he noted that it was not common practice at the time to record many decisions in this way. Cllr Bermange called this ‘timid’ and ‘regrettable’. He said that governance arrangements around recording officer decisions ‘has been strengthened significantly’ since then, within the new administration. Key decisions should mean greater scrutiny – and Cllr Bermange said that, in his personal view, this variation to the long-stop date could be considered a key decision."
The minutes for Council record:
https://rbwm.moderngov.co.uk/documents/g9764/Printed%20minutes%20Wednesday%2025-Sep-2024%2019.00%20Council.pdf?T=1
"Councillor Bermange wished for the minutes to read as followed. “In December 2018, the previous Administration did enter into a legally binding Development Agreement with CALA Homes. He explained that he has spent significant time trying to find a way of exiting this contract without causing financial ruin to the Council, not only from the receipts that would be lost or repaid (totalling £120m in the report) but also the compensation that would likely be due to the developer for their lost profits. He explained that a variation to the original contract pushed back the long-stop date, which otherwise would have allowed the Council to withdraw if the golf club lease was not surrendered by 31st August 2023. He described this variation, just six months prior to the local elections, as an afront to democracy and said he was investigating how it was authorised”.
The minutes further record that:
"After some further investigation I can confirm that, although the Deed of Variation extending the long-stop date was entered into by affixing the Council’s Seal in November 2022, the authority to enter into that Deed of Variation was actually provided by a decision made in June
2021 by the Council’s then Chief Executive. This is evidenced by a letter that the Chief Executive sent to CALA Homes at the time. Under the Property Procedure Rules contained within Part 8D of the Constitution, delegated authority for certain decisions relating to property matters, including entering into ancillary documents, is granted to the relevant Executive Director, who at the time was the Chief Executive. I am advised that this delegated authority covered the decision to enter into the terms of the Deed of Variation in question. For the avoidance of doubt, regrettably, the decision does not appear to have been recorded through a formal Officer Decision Notice although it was not common practice at the time to record many decisions in this way. I am pleased that the governance arrangements around recording officer decisions has been strengthened significantly as this is important for allowing, for example, effective Overview and Scrutiny of such decisions to occur."
Consequently, in light of the admissions of statutory breaches by the Lead Member it is demonstrably in the public interest that this letter (and any associated correspondence) is published.