To consider the attached report on a request from the community for a covenant on Windmill Hill to restrict the use of the area.

The Council made the following recommendation to the Mayor:

It was proposed by Councillor Excell and seconded by Councillor Amil:

That the Council enters into a deed covenanting with the residents around the Windmill Hill playing fields as follows:-

“Torbay Council covenants with all inhabitants of the ward of Tormohun that for a period of 100 years beginning on the date of this deed it will not on the land shown edged red on the plan attached erect or permit the erection of any permanent structure or permit the sale and/or consumption of alcohol without any such proposal first obtaining the majority of votes in a referendum of the persons who at the day of the referendum would be entitled to vote as electors at an election of councillors for Tormohun Ward and are registered as local government electors at an address within this Ward.  For the purpose of this covenant ‘permanent structure’ shall mean any structure intended to remain on the land for a period greater than 3 months. This covenant shall not apply to the installation, construction or renewal (whether by statutory undertakers or otherwise) of any media for the supply or removal, electricity, gas, water, sewage, energy, telecommunications, data and all other services and utilities and all structures, machinery and equipment ancillary to those media/or to the installation of street furniture and sports equipment.  Nothing contained or implied in this deed shall prejudice or affect the exercise by the Council of its regulatory functions under the Town and Country Planning Act 1990 or any other statute or statutory instrument.”

An amendment was proposed by Councillor Cowell and seconded by Councillor Faulkner (J):

(i)         That Council notes paragraph 6.2 of the submitted report where Legal Services and Senior Managers recommend that the land is adequately protected and that the site is currently designated as an Urban Protected Landscape Area and that policy C2 of the Local Plan also applies:

“There will be a presumption against loss of existing recreational and leisure facilities, unless:

(i)         There is clear evidence that they are surplus to requirements, and alternative recreational / leisure uses have been sought as replacement or improved facilities in lieu of existing provision which are able to address any new deficiencies that arise, and

(ii)        A compelling case is made for wider social and economic benefits arising from such a proposal.”;

(ii)        that Council also notes the wider Community Partnership (Hele’s Angels) has identified the site as a Local Greenspace for inclusion in the Neighbourhood Plan.  This designation has the affect of ruling out development in all but very exceptional circumstances, giving it equivalent policy status to that of greenbelt protection; and

(iii)       that given the high level of protection, the Council recommends that the Mayor takes no further action in respect of a covenant on Windmill Hill.

On being put to the vote, the amendment was declared carried.

The substantive motion was then before Members for consideration.

On being put to the vote, the substantive motion was declared carried.

The Mayor considered the recommendation of the Council set out above at the meeting and the record of his decision, together with further information is attached to these Minutes.

(Note:  Prior to consideration of the item in Minute 164, Councillors Excell and Faulkner (J) declared their non-pecuniary interests.)