We are advised that both the council as a corporate entity and individual councillors owe a common law fiduciary duty to the council tax payer at large, which is why one of the governing Nolan principles is ‘stewardship’.
For the council as a corporate entity, this fiduciary duty complements the statutory best value duty imposed by Section 3 of the Local Government Act 1999 and, as steward of the public purse, the council must keep its property assets under review and seek alternative uses or a commercial return from under-used or under-performing property assets.
Newberries Car Park was only added to our strategic risk register because the council, under its previous administration, having identified the car park as an underused asset, then abandoned an income-generating scheme for the provision of a hotel and food store on the site; having expended over £700,000 of public funds bringing the scheme to maturity - the identified risk, being the loss of that investment if an income-generating scheme was not brought forward.
This risk register is reviewed by the council’s independent external auditors on a regular basis. Impartial council officers, including the statutory officers with legal responsibility for ensuring the council acts lawfully, have been clear in their advice that the fiduciary duty owed to the taxpayer compels the council to explore ways in which the investment to date in Newberries Car Park can be realised, minimally to recover the expenditure incurred to date.