The meeting was opened with a prayer.

Apologies for absence were received from Councillors Maddison and Nicolaou.

To confirm as a correct record the minutes of the Annual and Adjourned Annual meeting of the Council held on 14 May 2026.

The Worshipful The Mayor of Torbay proposed and Councillor Fellows seconded a motion, which was agreed (unanimously) by the Council as set out below:

that the Minutes of the Annual meeting and Adjourned Annual meeting of the Council held on 14 May 2026 were confirmed as a correct record and signed by The Worshipful The Mayor of Torbay.

The following non-pecuniary interests were declared:

To receive any communications or announcements from the Civic Mayor, the Leader of the Council, the Overview and Scrutiny Co-ordinator or the Chief Executive.

The Worshipful The Mayor of Torbay and the Director of Corporate Services presented the Air Show Volunteers appreciation and recognition certificates to community volunteers and Councillors, for their time and commitment in supporting the delivery of the English Riviera Air Show 2026.  The following received certificates at the meeting:

Julie Bryant

Councillor Steve Bryant

Jan Carlton

Vickie

Martin Comley

Martin Faulkner

Gayathri

Guy

Michele Radant

Niki Redmond

Councillor Hannah Stevens

Councillor David Thomas

Councillor Jackie Thomas

The Leader of the Council informed Members that the Government had accepted the Local Government Reorganisation proposals submitted by Plymouth and Exeter City Councils rather than those submitted by Torbay Council.  This will bring together Torbay with 21 parishes from Teignbridge and South Hams.  The Council was committed to working across Devon to do the best for the residents and build on our existing successes.  There would be no immediate change with elections to the new Shadow Council in May 2027 with the new Council coming into force from April 2028.  The next stage was shaping the future ensuring that the Council works with all the Parish Councils to ensure the best outcomes for all communities covered by the new area.

The Overview and Scrutiny Co-ordinator raised concern over the increased use of the call-in waiver which meant that Overview and Scrutiny did not have an opportunity to scrutinise some of the Cabinet’s decisions.

In accordance with Standing Order A2.2 in relation to Council meetings, The Worshipful The Mayor of Torbay varied the order of business to enable agenda Item 8(b) on the agenda Use of 2025/2026 Budget Underspend to be considered before Item 10 Budget Monitoring – Revenue and Capital Outturn 2025/26 Quarter 4.

To receive a petition and any oral representations from the public in accordance with Standing Order A23.

In accordance with Standing Order A23, the Council received a petition requesting the Council to provide public toilets in Cary Play Park (approximately 106 paper signatures).

At the invitation of The Worshipful The Mayor of Torbay, Councillor George Darling addressed the Council on behalf of the lead petitioner, in relation to the petition.

It was noted that the petition would be referred to the Director of Pride in Place, Alan Denby, for consideration in consultation with the Cabinet Member for Pride in Place, Transport and Parking, Councillor Billings.

To respond to the submitted questions asked under Standing Order A12.

Members received a paper detailing questions, notice of which had been given in accordance with Standing Order A12. The paper also contained the answers to the questions which had been prepared by Councillors Brook, Billings, Chris Lewis, Jackie Thomas, Tranter and Tyerman and was circulated prior to the meeting.

Supplementary questions were put and answered by Councillors Billings, Brook, Chris Lewis and Tranter arising from their responses to the questions in respect of questions 3, 5, 8, 10, 11, 12, 13, 19, 20, 22, 23, 25, 27 and 29.

After 30 minutes, in accordance with Standing Order A12.7, the remaining one question (number 30) was deemed as withdrawn.

Members considered a motion in respect of the use of the capital receipt from the disposal of Occombe Farm, notice of which had been given in accordance with Standing Order A13.

Councillor Cowell proposed and Councillor Long seconded a motion as set out below:

1.       that the capital receipt arising from the disposal of Occombe Farm be ringfenced and used solely for the delivery of new general purpose social rented housing in Paignton, Brixham and Torquay; and 

2.       that the Director of Regeneration and Place Delivery, in consultation with the Cabinet Member for Housing and Finance, bring forward a delivery plan setting out how the receipt will be utilised to maximise the number of new general purpose social rented homes, to include: 

(i)       The development of a general purpose social housing scheme for the site at 62-70 Victoria Street, Paignton, with the Director of Regeneration and Place Delivery being given delegated authority to negotiate the purchase of 62-70 Victoria Street on the basis that the purchase price is not greater than that supported by a formal valuation, to be funded from this capital receipt.  In the event that a purchase price on these terms cannot be negotiated, the Director of Regeneration and Place Delivery shall prepare a report for Council to consider the compulsory purchase of this site. 

The voting was taken by roll call as follows:  For:  Councillors Amil, Atiya-Alla, Carter, Cowell, George Darling, Mandy Darling, Steve Darling, Douglas-Dunbar, Fox, Harvey, Johns, Law, Long, Penny, Pentney and Virdee (16); Against:  Councillors Billings, Brook, Bryant, Bye, Fellows, Foster, Barbara Lewis, Chris Lewis, Spacagna, Stevens, Strang, David Thomas, Jackie Thomas, Tolchard, Tranter, Twelves and Tyerman (17); and Absent:  Councillors Hutchings, Maddison and Nicolaou (3).  The motion was therefore declared lost.

To consider the recommendations of the Cabinet and the submitted report that seeks approval to publish the Regulation 19 “publication version” of the Torbay Local Plan 2025-45 for consultation.

The Council considered the recommendations of the Cabinet (as set out in the submitted report) on the Regulation 19 “publication version” of the Torbay Local Plan 2025-45 for consultation.  Members thanked Officers for all their hard work in preparing the Plan.

Councillor David Thomas proposed and Councillor Billings seconded a motion, which was agreed by the Council (by recorded vote), as set out below:

1.       that the Torbay Local Plan: Publication Plan (attached as Appendix 2 and subject to 2. below) be approved for publication for a 6-week consultation under Regulation 19 of the Town and Country Planning (England) Regulations 2012 (as amended);

2.       that the Director of Pride in Place, in consultation with the Cabinet Member for Place Development and Economic Growth, be delegated authority to make final minor editorial amendments to the Plan and publish supporting technical reports as part of the consultation; and

3.       that, in discussions with neighbouring authorities, the council’s position is that Torbay’s unmet housing need should be addressed at a sub-regional level, through the Spatial Development Strategy.

The voting was taken by roll call as follows:  For:  Councillors Amil, Billings, Brook, Bryant, Bye, Cowell, Fellows, Foster, Barbara Lewis, Chris Lewis, Spacagna, Stevens, Strang, David Thomas, Jackie Thomas, Tolchard, Tranter, Twelves and Tyerman (19); Against:  Councillors Atiya-Alla, Carter, George Darling, Mandy Darling, Steve Darling, Douglas-Dunbar, Harvey, Law, Long, Penny and Pentney (11); Abstain:  Councillors Fox, Johns and Virdee (3); and Absent:  Councillors Hutchings, Maddison and Nicolaou (3). 

(Note: prior to consideration of the item in Minute 33, Councillor Billings declared a non-pecuniary interest as Member of disbanded Brixham Peninsula Neighbourhoood Forum; applied to be a member of the dormant Churston, Broadsands and Galmpton Neighbourhood Forum; and a landowner; and Councillor Cowell declared a non-pecuniary interest as a member of the Torquay Neighbourhood Forum.)

Members considered a motion in respect of the use of the 2025/2026 budget underspend, notice of which had been given in accordance with Standing Order A13.

Councillor Cowell proposed and Councillor Long seconded a motion as set out below:

1.       That the end of year underspend of £174,000 be allocated as follows;

(i)             £87,000 to be allocated to the Adult Social Care transition reserve,

(ii)            £87,000 to be allocated to address resident concerns in respect of litter, overflowing bins, poor pavement conditions and overgrown vegetation in residential streets and secondary shopping areas.

An amendment was proposed by Councillor David Thomas and seconded by Councillor Cowell, which was circulated prior to the meeting, as follows:

1.       that the end of year underspend of £174,000 be allocated as follows:

(i)       £17,000 for enhanced graffiti removal across the Borough;

(ii)      £12,000 for the replacement of damaged and missing road signs; and

(iii)     £145,000 to be allocated to address resident concerns in respect of litter, overflowing bins, poor pavement conditions and overgrown vegetation in residential streets and secondary shopping areas.

The amendment was put to the vote and declared carried (unanimously). 

To consider the recommendations of the Cabinet and a report that provides a summary of the Council’s revenue and capital position for the financial year 2025/26.

The Council considered the recommendations of the Cabinetand the submitted report that sets out a high-level budget summary of the Council’s revenue and capital position for the financial year 2025/2026.  The report was based on the final outturn position for the year ended 31 March 2026.

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

1.1.            That the Cabinet recommends to Council:

a.                 that Council notes the revenue outturn position; and

b.         that Council approves the revisions to the Capital Investment Plan, as set out in Appendix 1 to the submitted report; and

1.2       That it be noted that the decision on the allocation of the year-end surplus has already been determined in the previous item as follows:

That the end of year underspend of £174,000 be allocated as follows:

(i)         £17,000 for enhanced graffiti removal across the Borough;

(ii)        £12,000 for the replacement of damaged and missing road signs; and

(iii)       £145,000 to be allocated to address resident concerns in respect of litter, overflowing bins, poor pavement conditions and overgrown vegetation in residential streets and secondary shopping areas.

To note an annual report on the treasury management activities undertaken during the year 2025/26.

The Council noted the Treasury Management Outturn for 2025/26 as set out in the submitted report.

To note the schedule of Executive decisions to which the call-in procedure does not apply.

Members noted the submitted report setting out a decision taken by the Cabinet (namely disposal of Occombe Farm and land laying North of Preston Down Road, Paignton) to which the call-in procedure did not apply.