The Council made the following recommendation to the Mayor:

It was proposed by Councillor Lewis and seconded by Councillor Thomas (J):

That Chestnut Nursery be closed with effect from the 31 August 2013 subject to the decision being reconsidered should a viable alternative become available by no later than 2 April 2013.

An amendment was proposed by Councillor Baldrey and seconded by Councillor James:

That discussions continue with Play Torbay (or any other potential provider) with a view to providing nursery facilities at the Chestnut site and that a final decision be deferred until the Council meeting on 15 May 2013.

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: Councillors Addis, Baldrey, Bent, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), James, Morey, Parrott, Pentney, Pountney, Stocks and Stockman (17);  Against:  The Mayor, Councillors Amil, Barnby, Brooksbank, Butt, Excell, Hernandez, Hill, Hytche, Lewis, McPhail, Mills, Pritchard, Richards, Scouler, Thomas (D), Thomas (J) and Tyerman (18);  Abstain:  Councillor Stringer (1);  and Absent:  Councillor Kingscote (1).  Therefore, the amendment was declared lost.

A further amendment was proposed by Councillor Pritchard and seconded by Councillor Mills:

            That the date be extended from 2 April 2013 to 15 May 2013.

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: Councillors The Mayor, Councillors Addis, Amil, Barnby, Bent, Brooksbank, Butt, Davies, Ellery, Excell, Faulkner (A), Faulkner (J), Hernandez, Hill, Hytche, Lewis, McPhail, Mills, Parrott, Pritchard, Richards, Scouler, Stocks, Thomas (D), Thomas (J) and Tyerman (26);  Against:  Councillors Baldrey, Cowell, Darling, Doggett, James, Morey, Pentney, Pountney and Stockman (9);  Abstain:  Councillor Stringer (1);  and Absent:  Councillor Kingscote (1).  Therefore, the amendment was declared carried.

The substantive motion (the original motion with the addition of the second amendment) 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 as set out above at the meeting and the record of his decision, together with further information, is attached to these Minutes.

(Note:  During consideration of Minute 103, Councillor Stocks declared a non pecuniary interest as she was a trustee of Play Torbay.)