Agenda and minutes

Venue: Rosetor Room, Riviera International Conference Centre, Chestnut Avenue, Torquay, TQ2 5LZ

Contact: June Gurry 

Audio: Listen to an audio recording of this meeting

Items
No. Item

116.

Opening of meeting

Minutes:

Members observed a minutes silence as a mark of respect in memory of Gerald Skinner, a past Mayor of Torbay, who had recently passed away.  The Chairman's Chaplain then opened the meeting with a prayer.

117.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Morris, O’Dwyer, Pentney and Winfield.

118.

Minutes pdf icon PDF 130 KB

To confirm as a correct record the minutes of the meeting of the Council held on 8 December 2016.

Minutes:

The Minutes of the meeting of the Council held on 8 December 2016 were confirmed as a correct record and signed by the Chairman.

119.

Declarations of interests

Minutes:

In respect of item 20 on the agenda (Torbay Economic Development Company Limited Business Plan 2017 to 2021), the Chairman advised, that whilst not a personal interest, the Council’s Chief Executive was also the Chief Executive of the TDA (Torbay Development Association), a wholly owned and controlled subsidiary of Torbay Council.

 

The following non-pecuniary interests were declared:

 

Councillor

Minute Number

Nature of interest

 

Councillor Thomas (J)

128

Trustee of the Shekinah Mission

Councillor Carter

132

Council appointed non executive director of Torbay Economic Development Company Ltd

Councillor Mills

132

Council appointed Board Member of Torbay Economic Development Company Ltd

Councillor Tyerman

132

Council appointed Director of Torbay Economic Development Company Ltd

Mayor Oliver declared a pecuniary interest in respect of Minute 133.

120.

Communications

To receive any communications or announcements from the Chairman, the Mayor, the Overview and Scrutiny Co-ordinator or the Chief Executive.

Minutes:

The Chairman welcomed the Local Government Association whose representative was attending the meeting and thanked the Association for its work and assistance on the Council’s improvement journey.

121.

Order of Business

Minutes:

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable:

 

a)         Item 9a on the agenda (Notice of Motion – King George V Playing Field) to be considered after Item 7 (Petition for Debate – Save our King George V Playing Fields);

 

                        b)        Item 16 on the agenda (Revenue Budget Monitoring 2016/17 – Quarter 3) and Item 18 (Composition and Constitution of Executive and Delegation of Executive Functions) to be considered prior to Item 19 (Exclusion of the Press and Public);  and

 

            c)         Item 13 on the agenda (Community Infrastructure Levy), Item 14 (Mayor’s response to objection to Planning Contributions and Affordable Housing Supplementary Planning Document), Item 15 (Capital Plan 2016/2017 – Quarter 3 Monitoring) and Item 17 Chairman/woman and Vice-Chairman/woman Select) to be considered at the end of today’s meeting.

122.

Petition for Debate - Save our King George V Playing Fields and Notice of Motion - King George V Playing Field pdf icon PDF 29 KB

Approximately 957 valid written signatures and 202 valid e-signatures from residents and people who work or study in Torbay.

 

In accordance with Standing Orders the petition will be considered at this meeting.

Additional documents:

Minutes:

In accordance with Standing Order A12, the Council received a petition requesting the Council to approve the dedication of the King George V Playing Fields (approximately 1,154 signatures).

 

At the invitation of the Chairman, Mr Ward addressed the Council.

 

The Chairman advised that, under the Council’s Petition Scheme, as the petition had reached the 1,000 signature threshold it was subject to debate by the Council.

 

The Monitoring Officer outlined the options open to the Council.

 

The Chairman informed members that the Council had also received a Notice of Motion on the same matter which requested the Council to take the action sought by the petitioners.  The Notice of Motion would therefore be considered with this item to commence the debate on the petition.

 

During the debate, the Monitoring Officer provided clarity in respect of the definition of the Council’s asset named King George V playing field, as shown on plan EM2370 and attached at Appendix 1 to these minutes.

 

Councillor Darling (S) proposed and Councillor Stringer seconded the motion, as set out below:

 

That this Council notes:

 

That, 80 years ago the King George the V playing fields off of Teignmouth Road, Watcombe, Torquay should have been registered with the National Memorial scheme for King George the V.  Unfortunately, this was never done.

 

That this Council be recommended:

 

On the basis that the Corporate Asset Management Plan means that the dedication of the King George the V playing field is a decision for Full Council, the movers of the motion ask Torbay’s Full Council to approve such a dedication and instruct officers to register it.

 

An amendment by Councillor Excell and seconded by Councillor King was circulated prior to the meeting.  Councillor Darling (S) and Councillor Stringer accepted the amendment, which was then incorporated in the original motion and was agreed by the Council (unanimously) as set out below:

 

That this Council be recommended:

 

On the basis that the Corporate Asset Management Plan means that the dedication of the King George the V playing field is a decision for Full Council, the movers of the motion ask Torbay’s Full Council to approve such a dedication and instruct officers to register it at the earliest opportunity and within one year.

123.

Members' questions pdf icon PDF 48 KB

To respond to the submitted questions asked under Standing Order A13.

Additional documents:

Minutes:

Members received a paper detailing the questions and answers, as set out at Appendix 2 to these Minutes, notice of which had been given in accordance with Standing Order A13.

 

Written responses were circulated prior to the meeting. Supplementary questions were then asked in respect of questions 1, 2, 3, 5, 7 and 12.  Verbal responses were provided at the meeting and a written response would be provided for the supplementary question in respect of question 12 by the Executive Lead for Planning, Transport and Housing.

124.

Notice of Motion - Devolution Discussions pdf icon PDF 23 KB

Minutes:

Members considered a motion in relation to the devolution deal for the Heart of the Southwest and devolution discussions on sub-regional opportunities, notice of which was given in accordance with Standing Order A14.

 

Councillor Thomas (D) proposed and Councillor Tyerman seconded a motion as set out below:

 

That the Council be recommended:

 

(i)         to confirm its commitment to the devolution deal for the Heart of the Southwest and instruct the Chief Executive and Officers to continue their support for the development of the productivity plan and the establishment of governance for its delivery;

 

(ii)        to instruct the Chief Executive (working with representatives from the Devolution Working Party) to explore as a matter of urgency, sub regional opportunities with Plymouth City Council, Exeter City Council and any other authorities wishing to discuss devolution options which would have a potential benefit to Torbay.  These discussions will enable the Council to ensure that all possibilities have been considered in the event that the Heart of the South West deal is not progressed, or is not as significant as originally envisaged;  and

 

(iii)       the Chief Executive is instructed to report progress on both (i) and (ii) above, to the Devolution Working Party and Council as he deems appropriate.

 

During the debate Mayor Oliver proposed and Councillor Mills seconded an amendment to the motion as follows:

 

(ii)        that, subject to the Chief Executive firstly consulting with the private sector members of the South West Local Enterprise Partnership (LEP) to ascertain their views on developing alternative proposals (as has been the case with other devolution bids), to instruct the Chief Executive (working with representatives from the Devolution Working Party) to explore as a matter of urgency sub regional opportunities with Plymouth City Council, Exeter City Council and any other authorities wishing to discuss devolution options which would have a potential benefit to Torbay.  These discussions will enable the Council to ensure that all possibilities have been considered in the event that the Heart of the South West deal is not progressed, or is not as significant as originally envisaged. 

 

In accordance with Standing Order A19.4 a recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For: Mayor Oliver, Councillors Amil, Excell, Haddock, King, Manning, Mills, Parrott and Stubley (9);  Against:  Councillors Barnby, Bent, Brooks, Bye, Carter, Cunningham, Darling (M), Darling (S), Doggett, Ellery, Hill, Kingscote, Lewis, Morey, Robson, Sanders, Stockman, Stocks, Stringer, Sykes, Thomas (D), Thomas (J), Tolchard and Tyerman (24);  and Absent:  Councillors Morris, O’Dwyer, Pentney and Winfield (4).  Therefore, the amendment was declared lost.

 

Councillor Thomas (D) and Councillor Tyerman’s original motion was then considered by the Council which was agreed, as set out below:

 

That the Council be recommended:

 

(i)         to confirm its commitment to the devolution deal for the Heart of the Southwest and instruct the Chief Executive and Officers to continue their support for the development of the productivity plan and the establishment of governance for its delivery;  ...  view the full minutes text for item 124.

125.

Notice of Motion - Care Leavers Council Tax Exemption pdf icon PDF 53 KB

Minutes:

Members considered a motion in relation to a proposal for care leavers to be exempt from paying Council Tax, notice of which was given in accordance with Standing Order A14.

 

Councillor Doggett proposed and Councillor Stocks seconded the motion, as set out below:

 

The Council notes that:

 

1.         Last year a number of young people (aged 16 or over) left the care of Torbay Local Authority and began the difficult transition out of care and into adulthood;

 

2.         A 2016 report by the Children’s Society found that when care leavers move into independent accommodation they begin to manage their own budget fully for the first time.  The report showed that care leavers can find this extremely challenging and, with no family to support them and insufficient financial education, are falling into debt and financial difficulty;

 

3.         Research from the Centre of Social Justice found that over half (57%) of young people leaving care have difficulty managing their money and avoiding debt when leaving care;  and

 

4.         The Local Authority has a duty of care to care leavers.

 

The Council believes that:

 

1.         To ensure that the transition from care to adult life is as smooth as possible, and to mitigate the chances of care leavers falling into debt as they begin to manage their own finances, they should be exempt from paying Council Tax until they are aged 25.

 

2.         Care leavers are a particularly vulnerable group for Council Tax debt.

 

This Council resolves:

 

(i)        to request officers to explore exempting all care leavers from Council tax up to the age of 25 as part of the development of the 2018/19 Council Tax Support Scheme; and

 

(ii)        the Mayor write to the Minister of State for Children and Families, Edward Timpson M.P, urging him to introduce a national exemption for care leavers from Council Tax up to the age of 25.

 

An amendment by Councillor Thomas (D) and seconded by Councillor Barnby was circulated prior to the meeting.  Councillor Doggett and Councillor Stocks accepted the amendment, which was then incorporated in the original motion and was agreed by the Council (unanimously) as set out below:

 

This Council resolves:

 

            To request officers to explore all aspects involved in exempting all care leavers from Council tax up to the age of 25 as part of the development of the 2018/19 Council Tax Support Scheme and provide a report to Council in order for them to be fully aware of the financial implications of such a scheme, The report should include, but not be limited to:

 

1.         the number of care leavers currently in the system that would be affected together with a projection of numbers over the next 5 years;

 

2.         the impact of providing such support to care leavers from other authorities who move into the area, together with those Torbay care leavers who move out of the area;

 

3.         the cost of implementation of such a scheme;

 

4.         whether the Council can lawfully do this;

 

5.  ...  view the full minutes text for item 125.

126.

Local Government Association Corporate Peer Challenge Follow Up Visit and Finance Review, plus CIPFA Financial Resilience Review - Progress Report and Revised Action Plan pdf icon PDF 81 KB

To consider the submitted report on the above.

Additional documents:

Minutes:

The Council received an update on the progress made since the Local Government Association (LGA) Corporate Peer Challenge action plan had been approved on 7 April 2016 (as set out in the submitted report).  The submitted report also set out a revised and prioritised action plan which encompassed further reports received from the LGA (follow up visit and finance review) plus the CIPFA Financial Resilience Review feedback.

 

Councillor Mills proposed and Councillor Cunningham seconded a motion, which was agreed (unanimously) by the Council as set out below:

 

(i)         that the LGA Corporate Peer Challenge Follow up day Summary Report and Efficiency Plan Review (as set out at Appendices 1 and 2 to the submitted report), the LGA Finance Review of Torbay Council (as set out at Appendix 3 to the submitted report) and CIPFA Financial Resilience Review (as set out at Appendix 4 to the submitted report), be noted;

 

(ii)        that the progress made on the original Local Government Association (LGA) Corporate Peer Challenge Feedback Action Plan (as set out at Appendix 5 to the submitted report) be noted; and

 

(iii)       that the revised and re-prioritised LGA Corporate Peer Challenge/Finance Review and CIPFA Financial Resilience Review action plan as set out at Appendix 6 to the submitted report be approved.

127.

Call In of Mayor's Decision on Potential Helipad and Light Rail System for Torbay pdf icon PDF 138 KB

To consider the submitted report in respect of the above Mayoral decision which was called in by the Overview and Scrutiny Board and referred to Council for consideration.

Additional documents:

Minutes:

At its meeting held on 14 December 2016, the Overview and Scrutiny Board considered the Notice of Call-in of the Mayor’s decision in respect of a potential helipad and light rail system for Torbay.  The Board resolved that, having listened to the advice of the Monitoring Officer and Chief Finance Officer, the Mayor’s decision was contrary to the Policy Framework as it did not believe that the Mayor’s decision made best use of the Council’s reducing resources.  In accordance with Standing Order D10.3 the matter was referred to the Council for consideration.

 

The Council considered the submitted report on the findings of the Overview and Scrutiny Board and further information regarding the Mayor’s decision, along with the advice of the Monitoring Officer and Chief Finance Officer.

 

Members firstly considered whether or not the Mayor’s decision was contrary to the Policy Framework.

 

Councillor Lewis proposed and Councillor Doggett seconded a motion, which was agreed by the Council as set out below:

 

that the Mayor’s decision is contrary to the Policy Framework (Corporate Plan) as it does not believe that it makes best effect of the Council’s reducing resources.

 

In accordance with Standing Order D10.8, the Monitoring Officer advised that, as the Council had determined that the Mayor's decision was contrary to the Policy Framework, the decision was deemed as a recommendation to the Council.  The recommendation of the Mayor became the motion before Council as follows:

 

(i)         that the Assistant Director of Corporate and Business Services be requested to consult the private sector and businesses in the aviation sector for their views on the principle of establishing a helipad facility for Torbay and that this should give the opportunity for the private sector undertaking feasibility work and to put forward proposals;

 

(ii)        that an informal working group comprising the Mayor and business leaders be established to investigate the economic benefits to Torbay of having a helipad facility;

 

(iii)       that further discussions be held between the Spatial Planning Department and Devon Air Ambulance in respect of their needs for adequate facilities; and

 

(iv)       that due to the economic growth in Brixham in the fishing and tourism industry there is a need to improve transport links in and out of Brixham and the surrounding area to cope with this growth and the Assistant Director of Corporate and Business Services be requested to consult with the fishing industry, Brixham Town Council, rail user groups and existing rail owners to establish, in principle, if the formation of a light railway system will benefit the long term economic prospects of Brixham and the surrounding area.

 

During the debate Councillor Tyerman proposed and Councillor Lewis seconded an amendment to the motion as follows:

 

(i)         that the Assistant Director of Corporate and Business Services be requested to consult the private sector and businesses in the aviation sector for their views on the principle of establishing a helipad facility for Torbay and that this should give the opportunity for the private sector undertaking feasibility work  ...  view the full minutes text for item 127.

128.

Call In of Mayor's Decision on Bylaws Homeless People and Begging and Traffic Regulation Orders Preventing Motor Homes Parking in Residential Areas pdf icon PDF 125 KB

To consider the submitted report in respect of the above Mayoral decision which was called in by the Overview and Scrutiny Board and referred to Council for consideration.

Additional documents:

Minutes:

At its meeting held on 14 December 2016, the Overview and Scrutiny Board considered the Notice of Call-in of the Mayor’s decision in respect of a consultation exercise in respect of introducing bylaws to address rough sleeping and preventing motor homes being used as permanent homes in resident areas/public highways.  The Board resolved that, having listened to the advice of the Monitoring Officer and Chief Finance Officer, the Mayor’s decision was contrary to the Policy Framework as it did not believe that the Mayor’s decision made best use of the Council’s reducing resources.  In accordance with Standing Order D10.3 the matter was referred to the Council for consideration.

 

The Council considered the submitted report on the findings of the Overview and Scrutiny Board and further information regarding the Mayor’s decision, along with the advice of the Monitoring Officer and Chief Finance Officer.

 

Members firstly considered whether or not the Mayor’s decision was contrary to the Policy Framework.

 

Councillor Lewis proposed and Councillor Stocks seconded a motion, which was agreed by the Council as set out below:

 

that the Mayor’s decision is contrary to the Policy Framework (Corporate Plan) as it does not believe that it makes best effect of the Council’s reducing resources.

 

(Note:  Councillors Excell, King and Haddock required their vote against the decision above to be recorded.)

 

In accordance with Standing Order D10.8, the Monitoring Officer advised that as the Council had determined that the Mayor's decision was contrary to the Policy Framework, the decision was deemed as a recommendation to the Council.  The recommendation of the Mayor became the motion before Council as follows:

 

that the Assistant Director of Community and Customer Services be requested to commission a consultation exercise with the public, partners and the voluntary sector to assess opinion with regards to what further action the Council (and partners where appropriate) should take in response to the issues of:

 

·         introducing bylaws or Public Spaces Protection Orders (PSPOs) to address the problem of rough sleeping on the seafront and town centres;

 

·         providing support to, and safeguarding, individuals with a genuine rough sleeping / street homelessness need; and

 

·         the use of motor homes as permanent accommodation in residential areas/public highways.

 

During the debate Councillor Thomas (D) proposed and Councillor Thomas (J) seconded an amendment to the motion as follows:

 

that the Assistant Director of Community and Customer Services be requested to commission a consultation exercise with the public, partners and the voluntary sector to assess opinion with regards to what further action the Council (and partners where appropriate) should take in response to the issues of:

 

·         introducing bylaws or Public Spaces Protection Orders (PSPOs) to address the problem of rough sleeping on the seafront and town centres;

 

·         providing support to, and safeguarding, individuals with a genuine rough sleeping / street homelessness need; and

 

·         the use of motor homes as permanent accommodation in residential areas/public highways.

 

(i)         that, as the Council has no wish to criminalise homeless people through the introduction of a bylaw, the  ...  view the full minutes text for item 128.

129.

Revenue Budget 2016/2017 - Quarter 3 Monitoring pdf icon PDF 270 KB

To note the submitted report setting out the projected outturn for the Council’s Revenue Budget for 2016/2017 as at the end of Quarter 3.

 

To consider any recommendations from the Overview and Scrutiny Board.

Minutes:

The Council noted the forecast position for Revenue Budget for 2016/17 based on quarter three information, as set out in the submitted report.

130.

Composition and Constitution of Executive and Delegation of Executive Functions pdf icon PDF 85 KB

To receive details on the composition and constitution of the Mayor’s Executive for 2016/2017, together with the record of delegation of Executive Functions.

Minutes:

Members noted the submitted report which provided details of changes made by the Mayor to his Executive.

131.

Exclusion of the Press and Public

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of items 20 and 21 on the agenda on the grounds that exempt information (as defined in Paragraph 3 to Part 1 of Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

Minutes:

Councillor Manning proposed and Councillor Sykes seconded the motion, which was agreed by the Council (unanimously), as set out below:

 

that the press and public be excluded from the meeting prior to consideration of items 20 and 21 on the agenda on the grounds that exempt information (as defined in paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) is likely to be disclosed.

 

Prior to consideration of the items in Minutes 132 and 133 the press and public were formally excluded from the meeting.

132.

Torbay Economic Development Company Limited Business Plan 2017 to 2021 pdf icon PDF 69 KB

To consider the submitted report on the above Policy Framework document.

 

(Note:  this report contains exempt appendices which have been circulated separately.)

Additional documents:

Minutes:

Members received the Torbay Economic Development Company Limited Business Plan 2017 to 2021 as part of the Council’s Policy Framework.  The submitted report set out the business plan (exempt document) and explained the operation of Torbay Economic Development Company Limited (operating under the trading name of TDA) as the Council’s wholly owned and controlled economic development company.

 

Mayor Oliver proposed and Councillor Haddock seconded a motion which was agreed by the Council as set out below:

 

(i)         that the draft Torbay Economic Development Company Limited Business Plan 2017 to 2021 set out at exempt Appendix 1 to the submitted report be approved;  and

 

(ii)        that the Assistant Director of Corporate and Business Services be given delegated authority to agree any changes to the Business Plan arising from the Councils approved budget.

 

(Note:  Prior to consideration of Minute 132, Councillors Carter, Mills and Tyerman declared their non-pecuniary interests.)

133.

Call-in of Deputy Mayor's Decision on Lease of part of the 4th Floor of Tor Hill House, Union Street, Torquay

To consider the submitted exempt report in respect of the above Mayoral decision which was called in by the Overview and Scrutiny Board and referred to Council for consideration.

Additional documents:

Minutes:

At its meeting held on 25 January 2017, the Overview and Scrutiny Board considered the Notice of Call-in of the Deputy Mayor’s decision to grant a 10 year lease to a local media company for the south side of the 4th floor of Tor Hill House, Torquay, following the vacation of Children’s Services from Tor Hill House.  The Board resolved that, having listened to the advice of the Monitoring Officer, the Deputy Mayor’s decision was contrary to the Policy Framework as it did not believe that the Deputy Mayor’s decision conformed with the Corporate Plan or Corporate Asset Management Plan.  In accordance with Standing Order D10.3 the matter was referred to the Council for consideration.

 

The Council considered the submitted report on the findings of the Overview and Scrutiny Board and further information regarding the Deputy Mayor’s decision, along with the advice of the Monitoring Officer, Chief Finance Officer and the Director of Children’s Services.

 

Members firstly considered whether or not the Deputy Mayor’s decision was contrary to the Policy Framework.

 

Councillor Lewis proposed and Councillor Darling (S) seconded a motion, which was agreed by the Council as set out below:

 

that the Deputy Mayor’s decision is contrary to the Policy Framework as it does not conform with the Corporate Plan or the Corporate Asset Management Plan.

 

In accordance with Standing Order D10.8, the Monitoring Officer advised that, as the Council had determined that the Deputy Mayor's decision was contrary to the Policy Framework, the decision was deemed as a recommendation to the Council.  The recommendation of the Deputy Mayor became the motion before Council as follows:

 

(i)         that a local media company be granted a 10 year lease for the south side of the 4th floor of Tor Hill House, Union Street, Torquay on Heads of Terms as agreed by the Assistant Director of Corporate and Business Services and following the vacation of Children’s Services from Tor Hill House; and

 

(ii)        that Adult Services and Public Health be relocated from Tor Hill House within six months of the new tenant occupying Tor Hill House.

 

During the debate Councillor Tyerman proposed and Councillor Morey seconded an amendment to the motion as follows:

 

(i)         that a local media company be granted a 10 year lease for the south side of the 4th floor of Tor Hill House, Union Street, Torquay on Heads of Terms as agreed by the Assistant Director of Corporate and Business Services and following the vacation of Children’s Services from Tor Hill House; and

 

(ii)        that Adult Services and Public Health be relocated from Tor Hill House within six months of the new tenant occupying Tor Hill House.

 

(i)         that, a local media company be granted a lease for the south side of the 4th floor of Tor Hill House, Union Street, Torquay and the Executive Head of Business Services be given delegated authority to determine the Heads of Terms of the lease ensuring that the terms reflect the mitigating actions as  ...  view the full minutes text for item 133.

134.

Duration of Meeting

Minutes:

In accordance with Standing Order A11.1, the Chairman invited members to vote for the meeting to continue as the meeting had exceeded four hours duration.  On being put to the vote, it was resolved to continue the meeting.

135.

Community Infrastructure Levy (CIL) pdf icon PDF 103 KB

To consider the submitted report on the proposed adoption of the Community Infrastructure Levy, which forms part of the Council’s Policy Framework.

Additional documents:

Minutes:

The Council considered the submitted report on a revised Community Infrastructure Levy (CIL) Draft Charging Schedule following modifications made by the Independent Examiner.  Members noted the CIL was a levy on new floor space created by development and was regulated by the Community Infrastructure Levy Regulations 2010 (as amended).

 

Councillor King proposed and Councillor Thomas (D) seconded a motion, which was agreed by the Council as set out below:

 

(i)         that the Community Infrastructure Levy (CIL) Revised Draft Charging Schedule dated September 2016, with Examiner’s Modifications be adopted by the Council as the basis for levying CIL;

 

(ii)        that the Council adopts the Examiner’s non-binding recommendation of treating residential developments of 15 or more dwellings in Zones 3 and 4 as being strategic (and thereby zero rated for CIL but subject to a wider range of s106 Obligations);

 

(iii)       that the Council seeks CIL from chargeable developments that are granted permission with the implementation date delegated to the Executive Head of Business Services to ensure all operational needs are in place;

 

(iv)      that a new CIL administration and monitoring post is created within Spatial Planning to ensure that CIL is charged and administered in accordance with the Regulations;

 

(v)       that a surcharge be imposed on persons liable for CIL if they commence development without submitting the required notices;  and

 

(vi)      that the Validation list for planning applications be updated to set out CIL requirements.

136.

Mayor's Response to Objection to Planning Contributions and Affordable Housing Supplementary Planning Document (SPD) pdf icon PDF 161 KB

To consider the Mayor’s response to the Planning Contributions and Affordable Housing Supplementary Planning Document as set out in Appendix 4 to the submitted report (Policy Framework).

Additional documents:

Minutes:

Further to the Council meeting held on 8 December 2016, members considered the submitted report on the Mayor’s response to the objections raised by the Council on the adoption of the Planning Contributions and Affordable Housing Supplementary Planning Document.

 

Councillor King proposed and Councillor Mills seconded a motion as set out below:

 

(i)         that following consideration of representations made on the Draft Planning Contributions and Affordable Housing Supplementary Planning Document (SPD), the SPD be adopted, with minor modifications, as a Supplementary Planning Document as set out in Appendix 3 to the submitted report; and

 

(ii)        that the Executive Head of Business Services, in consultation with the Executive Lead for Planning, Transport and Housing, be given delegated powers to make minor amendments to the document to ensure legibility and clarity. 

 

During the debate Councillor Thomas (D) proposed and Councillor Robson seconded an amendment to the motion as follows:

 

(i)      that following consideration of representations made on the Draft Planning Contributions and Affordable Housing Supplementary Planning Document (SPD), the SPD be adopted, with minor modifications, as a Supplementary Planning Document as set out in Appendix 3 to the submitted report; and except that the threshold for provision of affordable housing in paragraph 3.4 of the SPD, and accompanying text elsewhere, be amended to 3 instead of 11 to ensure that the document adheres to the affordable housing thresholds set out in Policy H2 of the Adopted Torbay Local Plan, i.e. 3 dwellings for greenfield sites and that the Written Ministerial Statement of 28 November 2014 should be noted in the SPD as a material consideration.

 

A recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For: Councillors Barnby, Bent, Brooks, Bye, Carter, Cunningham, Darling (M), Darling (S), Doggett, Ellery, Hill, Kingscote, Lewis, Morey, Robson, Sanders, Stockman, Stocks, Stringer, Sykes, Thomas (D), Thomas (J), Tolchard and Tyerman (24);  Against:  Councillors Amil, Excell, Manning and Mills (4); Abstain:  Councillors Haddock, King, Parrott and Stubley (4); and Absent:  Mayor Oliver and Councillors Morris, O’Dwyer, Pentney and Winfield (5).  Therefore, as more than two-thirds of members present and voting had cast their vote in support of the amendment, it was carried.

 

The amended (substantive) motion was then considered by members and as more than two-thirds of members present and voting had cast their vote in support, it was agreed by the Council as follows:

 

(i)      that following consideration of representations made on the Draft Planning Contributions and Affordable Housing Supplementary Planning Document (SPD), the SPD be adopted, with minor modifications, as a Supplementary Planning Document as set out in Appendix 3 to the submitted report, except that the threshold for provision of affordable housing in paragraph 3.4 of the SPD, and accompanying text elsewhere, be amended to 3 instead of 11 to ensure that the document adheres to the affordable housing thresholds set out in Policy H2 of the Adopted Torbay Local Plan, i.e. 3 dwellings for greenfield sites and that  ...  view the full minutes text for item 136.

137.

Capital Plan 2016/2017 - Quarter 3 Monitoring pdf icon PDF 241 KB

To consider the third Capital Plan monitoring report for 2016/2017 under the Authority’s agreed budget monitoring procedures which provides high-level information on capital expenditure and funding for the year compared to the latest position as reported to Council in December 2016. 

 

To consider any recommendations from the Overview and Scrutiny Board.

Additional documents:

Minutes:

The Council considered the submitted report setting out an overview of the Council’s approved Capital Plan for quarter three. The report provided details of capital expenditure and funding for the year.  It was noted the Capital Plan budget totalled £130 million for the 4 year programme, with £46.2 million scheduled to be spent in 2016/17, including £4.6m on the South Devon Highway and potential expenditure from the Investment Fund, with £0.7 million required from capital receipts and capital contributions over the life of the Capital Plan.

 

Councillor Mills proposed and Councillor King seconded a motion, which was agreed (unanimously) by the Council as set out below:

 

(i)         that the latest position for the Council’s Capital expenditure and funding for 2016/17 be noted.

 

(ii)        that the allocation of the following Government grants be approved:

 

            Dept for Transport – Pothole Action Fund 2017/18 allocation of £0.117m and National Productivity Investment Fund of £0.413m (to Highways Structural Maintenance)

 

            Dept for Education – Early Years Capital (to Children’s Services)

 

·         White Rock Primary Nursery       £0.235m

·         Ellacombe Academy Nursery     £0.541m

138.

Chairman/woman and Vice-Chairman/woman Select

In accordance with the Council’s Standing Order (A9.1) to select, by elimination ballot, the Chairman/woman-Elect and Vice-Chairman/woman-Elect for the Municipal Year 2017/2018.

Minutes:

In accordance with the Council’s Standing Orders (A9.1), the Council was requested to consider selecting the Chairman/woman-Elect and Vice-Chairman/woman-Elect for the next Municipal Year 2017/2018.

 

Councillor Kingscote proposed and Councillor Darling (S) seconded a motion, which was agreed (unanimously) by the Council as set out below:

 

(i)         that Councillor Brooks be selected as Chairwoman (Elect) for the 2017/2018 Municipal Year;  and

 

(ii)        that Councillor Doggett be selected as Vice-Chairman (Elect) for the 2017/2018 Municipal Year.

139.

Adjournment

Minutes:

The Chairman advised that in accordance with Standing Orders F2.13 and F3.12 in relation to the Budget and Policy Framework the remaining items on the agenda were referred to an adjourned meeting of Council to be held on 9 February 2017 to enable full consideration to be given to the implications of the proposals set out in the reports and documentation circulated on 2 February 2017.