The meeting was opened with a prayer.

Apologies for absence were received from Councillors Morris, Robson and Winfield.

To confirm as a correct record the minutes of the extraordinary meeting of the Council held on 21 June 2018.

The Minutes of the meeting of the Council held on 21 June 2018 were confirmed as a correct record and signed by the Chairman.

No interests were declared.

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

The Chairman updated members on recent civic events he had attended with his Escort, including:

a)         the morning service at Southfield Avenue Methodist Church on Sunday 15 July 2018, to celebrate 200 years of Christian Worship in that area.  The Chairman advised members the Church was the oldest non-conformist place of worship in Paignton;  and

b)         greeting the South West in Bloom Judges to St. Marychurch to assess the area’s efforts on 17 July 2018.  The Chairman congratulated the volunteers on their enthusiasm and what they had achieved.

On behalf the Elected Mayor, the Executive Lead for Adults and Children was proud to announce that the Council, had become part the national White Ribbon campaign, to end men’s violence against women and girls.  Councillor Parrott reported that, by obtaining White Ribbon Accreditation, Torbay Council was included in the national campaign, which included arranging local events to promote the campaign and encourage men and boys to make a stand against violence towards women and girls.  Councillor Parrott added that Torbay Council was the first organisation in the South West to receive the accreditation and there would be other organisations in the South West also gaining the accreditation.  The Executive Lead of Adults and Children then formally presented the White Ribbon plaque to the Chairman.

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

Members received a paper detailing questions, as set out at Appendix 1 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 Elected Mayor Oliver and Councillors Excell, Kingscote, Mills, Parrott and Stockman. 

The Chairman advised that question 8 had been withdrawn by Councillor Pentney.

Supplementary questions were put and answered by Councillors Excell, Mills, Parrott and Stockman, arising from their responses to the questions in respect of questions 2, 4, 5, 6, 7, 10, 11, 12, 14, 15 and 16.

Members considered a motion in relation to the former B & Q building in Torre, Torquay, notice of which was given in accordance with Standing Order A14.

Councillor Darling (M) proposed and Councillor Pentney seconded the motion, as set out below:

this Council notes that the former B & Q building in Torre, Torquay, has remained empty for approximately eight years.  We note with disappointment that the Conservative Elected Mayor has failed to act to deal with this blot on the landscape in Torquay.  Therefore we instruct the Executive Head of Assets and Business Services to develop an options appraisal to deal with this matter urgently.  As the recently approved planning permission has not been enacted the options appraisal should include compulsory purchase.

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.  The Elected Mayor referred the motion to the Head of Paid Service to determine whether this was a priority for officers’ resources.

Members considered a motion in relation to an objection to the current Investment and Regeneration Strategy, 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 Tyerman proposed and Councillor Thomas (D) seconded the motion, which was agreed by the Council as set out below:

that the Council formally objects to the current Investment and Regeneration Strategy on the basis that:

a)         it does not adequately or appropriately reflect the Council’s objectives;

b)        it does not specify the means for bringing forward regeneration projects (including those which were contained within the Town Centre Regeneration programme) nor does it set out the requirements for delivery of the same;  and

c)         Council believes that it needs to amended to better reflect the objectives and operation of the fund in contributing to meeting the Council’s need for raising income, for supporting economic growth in Torbay and achieving the outcomes of the Corporate Plan.

In accordance with the Constitution at F4.9, the Council therefore requires the Elected Mayor to consider this objection by 30 July 2018 either:

a)         submit a revision of the Investment and Regeneration Strategy with the reasons for any amendments to the Council for its consideration;  or

b)        inform the Council of any disagreement that the Executive has with any of the Council’s objections and the Executive’s reasons for any such disagreement.

Members considered a motion in relation to National Rail removing trees alongside rail lines, notice of which was given in accordance with Standing Order A14.

Councillor Long proposed and Councillor Carter seconded the motion, as follows:

Torbay Council notes concerns expressed in the national media about Network Rail cutting down trees alongside their rail lines, and that local authorities across the Country have placed preservation orders on trees by rail tracks to stop them being felled unnecessarily.

In particular, this Council further notes from ‘Devon Live’ that Teignbridge District Council has stopped Network Rail felling trees on Network Rail land in the Teignbridge area, by placing a preservation orders on the trees and engaging in discussions with Network Rail on this issue to find a way forward.

Torbay Council calls on the Chief Executive to ensure that preservation orders are placed on trees that are on Network Rail land in the Torbay local authority area (whilst ensuring that the trees are appropriately managed to ensure that they do not affect the rail line), and to engage with Network Rail on this issue to avoid the unnecessary felling of trees.

In accordance with Standing Order A14.3(a), the motion stood referred to the Development Management Committee.

Members considered a motion in relation to speeding vehicles along Great Hill Road (plus ancillary roads) and Barton Hill Road, Torquay, notice of which was given in accordance with Standing Order A14.

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

Torbay Council notes the concerns of residents of Great Hill Road (and roads off) and Barton Hill Road about the increase in speeding vehicles.  The increase in speeding appears to have followed the introduction of the new bypass which has led to fewer vehicles travelling both ways and using the St. Marychurch Road to Newton Abbot, and the reduction in traffic has led to drivers being tempted to go faster.

Residents have advised councillors of a number of accidents happening on Great Hill Road and Barton Hill Road (including cars ending up upside down), but these accidents apparently do not feature on the official Police statistics because no fatalities were involved, which perhaps means Council officials do not have a true picture of the problem.

This Council further notes the continued use of the St. Marychurch Road to Newton Abbot (both ways) by vehicles that are too large for this route, such as coaches, whose drivers ignore the signs not to use that route.

It is also understood that there had been plans by Torbay Council to make the St Marychurch Road more unattractive to drivers in Devon wanting to commute to Newton Abbot following the bypass being brought into use, but that this does not seem to have come to fruition.

Residents are frustrated because Torbay Council asks them to direct their concerns to Devon County Council.

Torbay Council resolves that the Chief Executive arranges a meeting between the Highways Departments of Torbay Council and involving the Councillors for Watcombe and appropriate councillors and officers from Devon County Council so that a proposal can be brought forward to the Torbay Council meeting in November, outlining actions to reduce the speeding in this area and stop the use of the St Marychurch Road by large vehicles.

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.  The Elected Mayor referred the matter to the Executive Head of Business Services to review and respond.

Members considered a motion in relation to the provision of grit bins in Torbay, notice of which was given in accordance with Standing Order A14.

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

This Council notes that in recent years grit bins have been removed from several roads in Torbay, including Southern Close in Torquay.  At a Councillors briefing following the ‘beast from the east’ bad weather, the impression was given that requests for grit bins to be returned to areas where they had been taken away would be looked on sympathetically by the Council.

Residents of Southern Close have requested the return of a grit bin, not only in response to the recent bad weather, but also because they get a lot of frost even in normal winters due to being higher up, so the grit bin would be used every winter.

Residents have advised that they would be willing to be responsible for the grit bin, eg holding a key for it etc.

This Council requests that the Chief Executive of the Council ensure that a grit bin is returned to Southern Close as a matter of urgency.

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.  The Elected Mayor referred the matter to the Chief Executive to review and respond.

Members considered a motion in relation to parking on Oddicombe Cliff Road, Torquay, notice of which was given in accordance with Standing Order A14.

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

This Council notes the following freedom of information request in respect of Oddicombe Cliff Road.

‘This Bank Holiday Monday afternoon there was a lot of irresponsible parking on this stretch of road from Babbacombe Downs to the beach.  Pedestrian footways were blocked by cars and vehicles had to drive on the pavement to gain access to the beach.  As you know there is signage stating no parking beyond this point March to September.

1.      Are these restrictions enforceable?

          No.  I believe these signs relate to the area which is not highway.

2.      If yes, how may tickets have been issued at this location in the last 12 months?

          N/A

3.      What is the planned parking enforcement regime over this summer?

As advised above, parking restrictions are not in place to enable parking enforcement.  If enforcement was to occur there will need to be a restriction.  Also consideration as to how the beach land can be enforced.  Colleagues in the Highways Team will be able to advise on the process to ensure this area of highway down to the beach can be enforced.  I am aware this will require the writing of a traffic regulation order and consideration as to the signage and/or lines.  The area which is classed as beach land can only be managed by locking the area to restrict access to vehicles.’

This Council understands that last summer on at least two occasions emergency medical staff had to use the cliff railway to gain access to a patient at Oddicombe Beach due to the road being blocked by inappropriately parked vehicles.

In light of the above this Council instructs the Executive Head of Assets and Business Services to review the parking regulations on the public highway leading to Oddicombe Beach and consult with Oddicombe Beach users/stakeholders regarding the introduction of enforceable parking regulations in the interests of public safety.

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.  The Elected Mayor referred the matter to the Executive Head of Business Services to review and respond.

To consider the submitted report on the above.

The Council considered the submitted report on a proposal to introduce parking tariffs that would apply all year round, which would replace the different charges for summer and winter.  It was noted the proposed year round parking would ensure consistent charges and remove the costs of re-programming parking machines and changing tariff signage.

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

(i)         that the Chief Executive be requested to progress the publishing of a new Traffic Regulation Order to confirm the new year-round pay and display charges for on-street and off-street parking, along with the amended parking permit charges, as set out in Appendix 1 to the submitted report;  and

(ii)        that the parking charges set out in Appendix 1 to the submitted report be implemented on the 1 and 2 November 2018 or as otherwise indicated by the new Traffic Regulation Order.

During the debate Councillor Carter proposed and Councillor Darling (M) seconded an amendment to the motion as follows:

(i)         that the Chief Executive be requested to progress the publishing of a new Traffic Regulation Order to confirm the new year-round pay and display charges for on-street and off-street parking, along with the amended parking permit charges, as set out in Appendix 1 to the submitted report, subject to the introduction for town centres on-street parking of a 50p charge for one hour parking with no return, with the overall new charges being remodelled to accommodate this so not to impact on the Council’s overall budget;  and

(ii)        that the parking charges set out in Appendix 1 to the submitted report, subject to the introduction for town centres on-street parking of a 50p charge for one hour parking with no return with the remodelling outlined in (i) above, be implemented on the 1^st and 2^nd of November 2018 or as otherwise indicated by the new Traffic Regulation Order.

The amendment was put to the vote and declared lost.

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

(i)         that the Chief Executive be requested to progress the publishing of a new Traffic Regulation Order to confirm the new year-round pay and display charges for on-street and off-street parking, along with the amended parking permit charges, as set out in Appendix 1 to the submitted report;  and

(ii)        that the parking charges set out in Appendix 1 to the submitted report be implemented on the 1 and 2 November 2018 or as otherwise indicated by the new Traffic Regulation Order.

To consider the submitted report on the Adult Social Care Local Account and Multi-agency Safeguarding annual report.

Members considered the submitted report which set out the achievements for local people in relation to adult social care and outlined the level of performance for the last financial year, together with commitment to service delivery.  The report also detailed the multi-agency approach to adult safeguarding.

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

that the Local Account set out in Appendix 1 to the submitted report be approved and that the multi agency safeguarding annual report set out in Appendix 2 to the submitted report be approved.

To consider the submitted report on the establishment of a new Joint Scrutiny Committee.

Members considered the submitted report on proposals for joint scrutiny arrangements to monitor decision-making and achievements of the Local Enterprise Partnership (LEP), arising from advice in the Mary Ney report ‘Review of Local Enterprise Partnership and Governance Transparency’.

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

(i)         that the implementation of a Joint Scrutiny function (Committee) for the South West Local Enterprise Partnership (LEP) be approved and the Terms of Reference and Operating Procedures, as outlined in Appendix 1 to the submitted report, be endorsed, reflecting the new joint arrangements and Delegation of the Overview and Strategic Scrutiny of the LEP functions (as outlined in the roles, duties and responsibilities of appendix 1);

(ii)        that it be agreed that Devon County Council becomes the host Authority to support the new Heart of the South West Local Enterprise Partnership (LEP) Joint Scrutiny Committee, which will operate under the Standing Orders of Devon County Council; and

(iii)       that Torbay Council’s appointments to the Heart of the South West Local Enterprise Partnership (LEP) Joint Scrutiny Committee be made by the Overview and Scrutiny Board.

To consider the submitted report on the above.

Further to the Council’s decision on 21 June 2018, members received the submitted report on an update and indicative timeline on the delivery of affordable homes in Torbay.  The report also set out proposals to transfer land and buildings at St Kilda’s former residential care home to a Council owned subsidiary or wholly owned company at nil value to provide affordable homes and meet the objectives of the Housing Strategy. 

A Conservative amendment was circulated prior to the meeting, which was accepted by the Elected Mayor and incorporated in his motion.

Elected Mayor Oliver proposed and Councillor Stocks seconded a motion, which was agreed (unanimously) by the Council as set out below:

(i)         that the Chief Executive, in consultation with the Elected Mayor and Group Leaders, be instructed to deliver the affordable housing schemes at Redwell Lane, Totnes Road and St Kilda’s as a matter of urgency, in such a manner as will lead to a cost effective and rapid delivery of the schemes. That the Chief Executive shall ensure that written updates as to progress are provided to each meeting of the Housing Committee and that an update is provided to Council at its meeting on 5 December 2018.  If necessary, to ensure rapid delivery of the schemes, this to include the engagement of external resources, the costs of which to be met from the CSR Reserve, to a maximum of £20,000;

(ii)        that, if the Chief Executive determines in (i), that the schemes, whether individually or collectively shall be delivered through a Council owned subsidiary, then:

(a)       subject to (b) below, the land at St Kilda’s, shown edged red on the plan attached at Appendix 1 to the submitted report, and land at Redwell Lane and Totnes Road (as shown edged red on the plans attached to the Conservative amendment) be disposed of at Nil value to a Council owned subsidiary or company wholly owned by Torbay Council under the Local Government Act 1972: General Disposal Consent Order 2003, in return for nomination rights;  and

(b)       that the Council enter into a satisfactory grant and nomination agreement with a Council owned subsidiary or company wholly owned by Torbay Council detailing what is to be provided on the land and the Council’s nomination rights for 100% of the affordable properties on the site in perpetuity and to delegate authority to the Chief Executive in consultation with the Executive Lead for Housing to agree the detailed terms of this agreement;

(iii)       that, if the Chief Executive determines in (i) above that the schemes shall be delivered by the Council, then the value of the St Kilda’s land will be included in the scheme at NIL value and the land at Totnes Road and Redwell Lane shall not then be transferred to a wholly owned company, but shall be included in the schemes at NIL value;  and

(iv)      that the Chief Executive undertakes a fundamental review of the delivery and implementation of the Housing Strategy,  ...  view the full minutes text for item 67.

To receive details on the above.

The Council received and noted the submitted report in respect of changes made by the Elected Mayor to his Executive.