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Cumbria County Council's Scrutiny and Overview Committee decided to refer back to the Cabinet its decision about Talkin Tarn on procedural grounds.
The County Council decided in September last year that detailed work be carried out by the Cabinet to transfer Talkin Tarn into the voluntary sector, as part of the Council's Invest to Save and Improve Initiative. Cabinet considered the matter in June and was presented with three options. They decided that elements of the estate could be sold separately, assuming a continuation of the existing public uses around the Tarn, and this may be done on a commercial basis. Public access to the Tarn was guaranteed.
The Scrutiny and Overview Committee met on the 8th July to consider the Call In, which was made on the basis that Cabinet did not have the authority to make any decision outside the one made by Council. Councillor Liz Mallinson, Chair of the Committee, said:
"The committee decided to refer this decision back to Cabinet. This Call-In has purely been about a procedural issue and we had no remit to discuss the issues about Talkin Tarn.
It appears that Cabinet made its decision in June in good faith but it was not pointed out to them that any variation from the decision taken by Full Council had to go back. It should have been made clear in the minutes of that Cabinet meeting that the decision they had made would go back to Full Council, as was their intention."
"References were also made in Committee that paperwork from the a Cabinet Sub Committee had not been made available to some councillors and this will now be investigated."
Councillor Mike Ash, Deputy Leader of Cumbria County Council, who gave evidence to the Scrutiny Committee said:
"Cabinet is clear that the decision it was being asked to make in June was entirely appropriate. However, despite that it is recognised that there is some confusion on the way forward, as set out in the Council papers of last September. I was pleased to be able to set the record straight.
"When the decision goes back to Cabinet on July 29th we will clarify this issue and report on any further discussions that have taken place. Ultimately, it will be the Full Council who will make the final decision on the future of the Tarn."