The meeting was opened with a prayer.

Apologies for absence were received from Councillors Pentney, Thomas (J) and Winfield.

To confirm as a correct record the minutes of the meeting of the Council held on 22 February 2018.

The Minutes of the meeting of the Council held on 22 February 2018 were confirmed as a correct record and signed by the Chairwoman.

No interests were declared.

To receive any communications or announcements from the Chairman, the elected Mayor, the Overview and Scrutiny Co-ordinator, the Council’s representative on the Heart of the South West Joint Committee or the Chief Executive.

The Chairwoman welcomed colleagues from South Devon NHS Foundation Trust, South Devon and Torbay Clinical Commissioning Group and the Oversight and Governance Manager from Plymouth City Council to the meeting.

Elected Mayor Oliver was delighted to announce that Torbay Council and Torbay and South Devon Foundation Trust had received the accolade of winning the Local Government Chronicle Award 2018 for health and social care for establishing the Integrated Care Organisation.  Elected Mayor Oliver then formally presented the award to the Chairwoman of the Council and the Chairman of South Devon NHS Foundation Trust, Sir Richard Ibbotson.

The Chairwoman announced that an evening song service would be held at St. Luke’s Church, Torquay, on Sunday 29 April 2018, to mark the end of her year as Chairwoman of the Council and invited all members to attend.

Elected Mayor Oliver announced that Torbay had recently become a member of the Local Government Association’s Coastal Communities Special Interest Group (SIG) and attended a meeting of the Group in March 2018.  Members received the following report from Elected Mayor Oliver:

•   The Group comprised a partnership of coastal local authorities which sought to champion and represent the collective interests of coastal and maritime communities;

•   The Group was working collaboratively to increase awareness and debate on environmental, economic and social issues at all levels in relation to the coast and brought pressure on the Government to secure local authorities full involvement at all levels of policy formulation concerning the coast;

•   The Group was communicating with Government particularly in respect to environmental issues;

•   Marine spatial planning continued to be a focus, along with the Government’s desire to have all coastal local authorities signed up by 2021 to a coastal concordat;

•   Torbay was well positioned to work with the SIG by providing an insight on the issues of coastal resort regeneration.  In return, the SIG could be a powerful support for Torbay working to address the issues of underinvestment in coastal places.

The Overview and Scrutiny Co-ordinator reported that, as part of the Overview and Scrutiny Board’s annual work programme, task and finish groups were being established to review Council funding for the Community Development Trust and the Citizens’ Advice Bureau.  Non-Executive Members were invited to join these new task and finish groups.

Councillor Thomas (D) provided a report to the Council on his work as the Council’s representative on the Heart of the South West Joint Committee as attached to these Minutes.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable:  agenda Item 10 (Transformation Project – Parkfield Future Options) to be considered after Item 6 (Public Question Time);  and agenda item 8b (Notice of Motion – Torwood Street, Torquay – Compulsory Purchase Order) to be considered after Item 14 (Investment Committee Recommendation – Investment Opportunity).

The Chairwoman advised that she had used her discretion to accept a late public question.  The Council heard from Mr Cowell, who had submitted a statement and question in relation to future options for Parkfield.  The Executive Lead for Adults and Children responded to the statement and question that had been put forward, and also responded to a supplementary question asked by Mr Cowell.

To consider the submitted report on the above and any recommendations from the Overview and Scrutiny Board.

The Council considered the submitted report on proposals for the future use of the Parkfield site (including Parkfield House), following the decision by the Council not to approve the planning application for the relocation of Torbay School (Brunel Academy) to the site.  It was noted the report reflected the work undertaken by FMG Consulting Ltd on options for the future use to encompass development of youth related provision, in accordance with the funding requirements, and how the site could support the Council in delivering it’s wider statutory responsibilities for the children and young people of Torbay.  The submitted report included the recommendations of Overview and Scrutiny Board who supported the proposals.

The Chairwoman advised that a revised officer recommendation had been published as a result of a suggested technical amendment raised by the Liberal Democrat Group.

Councillor Parrott proposed and Councillor Haddock seconded a motion as set out below:

(i)         that the proposal to relocate the Medical Tuition Service in MyPlace, Parkfield, Paignton be approved;

(ii)        that the Director of Children's Services be requested to ensure that parents and service users of the Medical Tuition Service are fully engaged in the implementation of the proposed changes to their service provision;

(iii)       that the proposal to fund the capital expenditure associated with (i) above from any unallocated sums within the existing Children's Services Capital Programme and up to £600,000 of prudential borrowing funded from any future premises savings and any shortfall being included in the 2019/2020 revenue budget be approved;

(iv)       that the Torbay Youth Trust has previously been approved and awaits a precise timetable for the release of a budget and development funds that will now be a matter of the utmost priority;

(v)        that the creation of a Parkfield User Group comprising representatives of young people, the Youth Trust, the Medical Tuition Service, Eat That Frog, Paignton Town Community Partnership, Torbay Community Development Trust, Torbay Community Partnerships and the Overview and Scrutiny Board be approved;  and

(vi)       that the Parkfield User Group be established as soon as possible and be asked to consider how the use of MyPlace can be maximised.

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

(i)         that the proposal to relocate the Medical Tuition Service in MyPlace, Parkfield, Paignton be approved, subject to:

(A)       a risk assessment being carried out in order to safeguard the children due to multiple user groups being on the site;  and

(B)       a business case being undertaken to demonstrate the long term sustainability of Parkfield for the youth of Torbay.

The amendment was put to the vote and declared lost.

Councillor Parrott’s and Councillor Haddock’s original motion was then considered by the Council which was agreed, as set out below:

(i)         that the proposal to relocate the Medical Tuition Service in MyPlace, Parkfield, Paignton be approved;

(ii)        that the Director of Children's Services be requested to ensure  ...  view the full minutes text for item 199.

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

Members received a paper detailing questions, as attached to these minutes, notice of which had been given in accordance with Standing Order A13.  The paper also contained the answers to the questions which had been prepared by the Elected Mayor, Councillors Ellery, Excell, Haddock, Mills and Parrott.

The Chairwoman reported that, since the agenda had been published, the Elected Mayor had made changes to his Executive, which had resulted in questions 1 and 7 being answered by Councillor Mills.

Supplementary questions were put and answered by Elected Mayor Oliver, Councillors Ellery, Excell, Haddock, Mills and Parrott, arising from their responses to the questions in respect of questions 1, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14 and 15.  In the absence of Councillor Pentney, Councillors Darling (M) and Darling (S) put supplementary questions for questions 4 and 10 respectively.

Members considered a motion in relation to the future of Crossways arcade and car park, Paignton, notice of which was given in accordance with Standing Order A14.  In accordance with Standing Order A14.3(b), the motion was dealt with by this meeting.

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

This Council notes that the Crossways arcade and car park continues to be a blot on Paignton town centre and was identified as the number one issue by residents taking part in a recent survey conducted by Paignton Liberal Democrats.

This Council instructs the Director of Corporate Services and Operations to undertake a feasibility study on the options to resolve this blight in the centre of Devon's second largest town including the possibility of obtaining a compulsory purchase order for the Crossways site and make recommendations to the Council accordingly.

An amendment by Councillor Thomas (D) was circulated during debate, which was accepted by Councillor Carter and Councillor Doggett.  The amendment was therefore incorporated in to the original motion and was agreed by the Council as set out below:

This Council notes that the Crossways arcade and car park continues to be a blot on Paignton town centre and was identified as the number one issue by residents taking part in a recent survey conducted by Paignton Liberal Democrats. 

It is noted that Council has already, in October 2016, passed a motion which was proposed by Councillor Haddock and seconded by Councillor Robson authorising the Director of Corporate and Business Services to consider the acquisition or compulsory purchase of this site.  Furthermore, Council reinforced this decision in April 2017 when, as part of the Transformation Project for Town Centres, it adopted into the Council's Policy Framework the Transformation Strategy for Torbay Town Centres as an appendix to the Torbay Economic Strategy.  The responsibility clearly lies with the Town Centre Regeneration Board.  Therefore, Council now instructs the Town Centre Regeneration Board to undertake, as a high priority, investigation of the acquisition by the Council of the Crossways site and to determine the best use of the site considering both financial and strategic aspects.  The Town Centre Regeneration Board to make recommendations to the Council as soon as possible with the preferred options of the redevelopment of the Crossways site.

To consider the submitted report which sets out the new Domestic Abuse and Sexual Violence Policy for 2018 to 2022.

The Council considered the proposed Domestic Abuse and Sexual Violence Policy 2018 to 2022 for inclusion in the Council’s Policy Framework.  It was noted the Policy provided a strategic and partnership approach to tackling domestic abuse and sexual violence across Torbay.

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

that the Domestic Abuse and Sexual Violence Policy set out at Appendix 1 to the submitted report be agreed and adopted within the Council’s policy framework.

To receive details on the composition and constitution of the Elected Mayor’s Executive for 2017/2018, together with the record of delegation of Executive Functions.

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

At this juncture, the Chairwoman adjourned the meeting to enable officers to provide members with a private briefing on the performance of the Investment Fund.

The Council considered the submitted report on a proposal to review the Council’s Investment and Regeneration Fund to assist the Council in meeting its budget shortfall, in light of the Council’s significant financial challenges in the forthcoming years.  It was noted the February 2018 update of the Medium Term Resource Plan highlighted funding gaps of £5.5 million in 2019/2020 and £5.4 million and £3.8 million in the following two years.

Councillor Thomas (D) proposed and Councillor Robson seconded the motion, as set out below:

That the Investment and Regeneration Committee be requested to review the Investment and Regeneration Fund and Strategy and make recommendations to the Council on how it could be amended to assist the Council in meeting its future budget shortfalls, for 2019/2020 and beyond, and enable regeneration investments to be brought forward in 2018/2019.

An amendment by Councillor Darling (S), circulated at the start of the meeting, was accepted by Councillor Thomas (D) and Councillor Robson.  The amendment was therefore incorporated in to the original motion and was agreed by the Council as set out below:

(i)         that the Investment and Regeneration Committee be requested to review the Investment and Regeneration Fund and Strategy and make recommendations to the Council on how it could be amended to assist the Council in meeting its future budget shortfalls, for 2019/2020 and beyond, and enable regeneration investments to be brought forward in 2018/2019;  and

(ii)        that the Director of Corporate Services and Operations, in consultation with the Chairman of Investment and Regeneration Committee, be requested to ensure that effective communications are immediately commenced in respect of the investments to date of the Investment and Regeneration Strategy.  That appropriate details are maintained on the Council's website and that any further investments are publicised within 14 days of any finalisation of contractual arrangements.  This action to be completed within one month of this meeting.

(Note:  Councillors King and Kingscote left the meeting prior to consideration of Minute 205.)

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

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

that the press and public be excluded from the meeting prior to consideration of the following item 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 item in Minute 207 the press and public were formally excluded from the meeting.

To consider any recommendations from the Investment Committee on investment opportunities.

The Council considered the recommendations of the Investment and Regeneration Committee on an investment opportunity.  Members received details of the proposals as set out in the exempt report circulated prior to the meeting.

The decision of the Council is restricted due to exempt information contained within the decision.

Members considered a motion in relation to the future development of Torwood Street, Torquay, notice of which was given in accordance with Standing Order A14.  In accordance with Standing Order A14.3(b), the motion was dealt with by this meeting.

Councillor Darling (M) advised that she wished to amend the date within the Notice Motion, then proposed the motion, which was seconded by Councillor Long, as set out below:

This Council notes that the derelict building on lower Torwood Street, Torquay has acted as a blight on Torquay Harbourside for too many years and been an awful eye sore for locals and visitors alike.

If there is not certainty as to the future development of the site by 30 May 2018, then this Council instructs the Director of Corporate Services and Operations to undertake a review as to the possibility of utilising a Compulsory Purchase Order for lower Torwood Street, Torquay, and make recommendations to the Council accordingly.

During the debate, Councillor Thomas (D) and Councillor Tyerman seconded the following motion to exclude the press and public from the meeting, which was agreed by the Council:

that the press and public be excluded from the meeting at this stage in the debate on this item 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.

Following the exempt element of the debate, the Chairwoman invited the press and public back to the meeting.

The notice of motion was then put to the vote and declared lost.

(Note:  Councillor Barnby left the meeting during consideration of Minute 208.)