The Vice-Chairman gave apologies from the Chairman’s Chaplain and opened the meeting with a minute’s silence to allow for personal reflection.

Apologies for absence were received from Councillors Bye, Ellery, King, Manning, Morris and Winfield for the whole meeting.  Apologies for absence were also received from the Chairman, Councillor Doggett and Councillors Bent, Carter, Kingscote, Long, Sanders and Stocks first part of the meeting and Councillor Thomas (J) for the second part of the meeting. 

In the absence of the Chairman, the Vice-Chairman, Councillor Barnby, chaired the first part of the Council meeting.

To confirm as a correct record the minutes of the meeting of the Council held on 18 October and the extraordinary meeting held on 15 November 2018.

The Minutes of the meeting of the Council held on 18 October 2018 and the Minutes of the Extraordinary meeting of the Council held on 15 November 2018 were confirmed as a correct record and signed by the Vice-Chairman.

Guidance for members:

Having declared their non pecuniaryinterest members may remain in the meeting and speak and, vote on the matter in question.  A completed disclosure of interests form should be returned to the Clerk before the conclusion of the meeting.

Where a Member has a disclosable pecuniary interest he/she must leave the meeting during consideration of the item.  However, the Member may remain in the meeting to make representations, answer questions or give evidence if the public have a right to do so, but having done so the Member must then immediately leave the meeting, may not vote and must not improperly seek to influence the outcome of the matter.  A completed disclosure of interests form should be returned to the Clerk before the conclusion of the meeting.

(Please Note:  If Members and Officers wish to seek advice on any potential interests they may have, they should contact Governance Support or Legal Services prior to the meeting.)

No interests were declared.

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

The Elected Mayor referred to his letters to Sarah Wollaston MP and the Minister of State for Transport, Jesse Norman MP, and the Council’s bid to the Government for additional funding for pot holes and highway repairs.  The Elected Mayor advised that the Minister had responded positively and welcomed the efforts to improve the road network in Torbay.

The Overview and Scrutiny Co-ordinator thanked the Elected Mayor and his Executive for their attendance at the Priority and Resources Review Panel meetings and the Panel’s time for reviewing the Elected Mayor’s budget proposals.  The Overview and Scrutiny Co-ordinator advised that the report of the Priority and Resources Review Panel was due to be considered by the Overview and Scrutiny Board on 12 December 2018.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable:

            Item 6 on the agenda (Elected Mayor’s Response to the Objection to Corporate Asset Management Plan) to be considered after Item 15 (Adjournment);  and

            Item 9 on the agenda (Proposed Council Tax Support Scheme 2019/20) to be considered before Item 8 (Council Tax Base 2019/2020).

To consider the submitted report on the above.

The Council received a progress report on the work of the Heart of the South West (HotSW) Joint Committee.  The submitted report outlined key areas of activity of the HotSW Committee and set out actions proposed for the coming months. 

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

(i)         that the progress report setting out the work of the Heart of the South West (HotSW) Joint Committee since its establishment in March 2018 be noted;

(ii)        that the development and endorsement of the Heart of the South West (HotSW) Local Industrial Strategy (LIS) be delegated to the HotSW Joint Committee (noting that final approval of the HotSWLIS rests with the HotSW Local Enterprise Partnership (LEP) and the Government);

(iii)       that the Budget statement for 2018/19 set out in Appendix B to the submitted report be noted and that in accordance with the decisions taken at the time the Committee was established the Council will be asked to make an annual budgetary provision to meet the support costs of the Joint Committee in line with the 2018/19 contribution.  Final clarification on any additional 2019/20 budget requirement will be provided following the completion of the review of the Joint Committee’s role, function and management support arrangements and development of its work programme for 2019/20;  and

(iv)      that the Budget and Cost-sharing Agreement set out in Appendix B to the submitted report be approved.

To consider the submitted report on the annual review of the Council Tax Support Scheme for 2019/20.

The Council considered the submitted report on a review of the current local Council Tax Support Scheme for 2019/20.  Members noted that the Local Government Finance Act 2012 required local authorities to review their local schemes annually.  The Council had a statutory duty to provide a local Council Tax Support Scheme for working-age households.  In addition, pension age households were subject to statutory provisions determined nationally, which had to be incorporated within the Council’s scheme.

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

(i)        that Personal Allowances and Premiums, used to calculate Council Tax Support, are uprated from 1 April 2019 in line with the prescribed Pensioner scheme and national working-age benefits, which are both set by the Government;

(ii)       that the Chief Finance Officer be given delegated authority, in consultation with the Elected Mayor and the Executive Lead for Customer Services, to make any further adjustments required to the Exceptional Hardship Policy and fund;  and

(iii)      that Council notes that as a result of the introduction of Universal Credit full service from 5 September 2018, there will be a full review of the current scheme.  This will commence from January 2019, where extensive financial modelling will be undertaken to provide potential options for a brand new scheme to be implemented from April 2020, with consultation on the same being undertaken in 2019.

(Note:  Councillors Darling (M), Darling (S) and Pentney required their vote against the decision in Minute 119 to be recorded.)

To consider the submitted report on the above.

Members considered the submitted report which set out the Council’s tax base for council tax purposes for 2019/20.

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

(i)        to delegate to the Head of Finance, in consultation with the Elected Mayor, the approval for the removal of the discretionary Council Tax discount for properties that become unoccupied and unfurnished that currently applies for one month from April 2019;

(ii)       that the calculation of the Torbay Council Tax Base for the year 2019/20 be approved as shown in Appendix 1 to the submitted report;

(iii)      that the calculation of the Brixham Town Council Tax Base for the year 2019/20 be approved as shown in Appendix 2 to the submitted report;

(iv)      that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as its Council Tax base for the year 2019/20 should be 45,699.55;  and

(v)       that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as the Council Tax base for Brixham Town Council for the year 2019/20 should be 6,187.87.

To consider the submitted report on the above Policy Framework document.

Members received the submitted report on the revised Statement of Principles 2019 (Gambling Policy), that outlined the principles by which the Council will exercise its functions under the Gambling Act 2005.

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

that the Statement of Principles 2019 (Gambling Policy), as set out in Appendix 1 to the submitted report, be approved.

To consider a report on the revised Joint Health and Wellbeing Strategy (Policy Framework document).

The Council considered the proposed Joint Health and Wellbeing Strategy as set out in the submitted report.  Members noted the Strategy provided a steer for each organisation on the Health and Wellbeing Board to improve the health and wellbeing of the population of Torbay and reduce inequalities in the population.

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

that the Council adopts the Joint Health and Wellbeing Strategy set out at Appendix 1 to the submitted report.

To consider the submitted report on the above.

The Council received the Constitution Working Party’s proposed provisional Constitution to enable the new Leader and Cabinet System of Governance to be in place from May 2019.

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

(i)         that the provisional Constitution, as appended to the submitted report, be approved and to be effective from the commencement of the Council’s new Leader and Cabinet governance arrangements from 5 May 2019 (a summary of key changes is outlined in Section 1, paragraph 3 of the submitted report), with the newly elected Council (post May 2019) requested to consider and review the following:

a)         the Council’s decision-making structure and terms of reference of committees etc. to reflect the Leader and Cabinet System of Governance;

b)         the Council’s Local Choice Functions under the Leader and Cabinet system.  Specific areas to consider:

15.  Appointments to other bodies;  and

17.  Function of Harbour Authority (e.g. whether the Harbour Committee continues as a Council function or the Harbour function transfers to the Cabinet);

c)         the operation of Members’ Questions at Council meetings;

d)         the scope of Notice of Motions for Council meetings;

e)         the Outside Body Reporting Protocol (E23.2 and Appendix 1);  and

f)          the approach for appointments to outside organisations and the application of cross party principles (links to the review of Local Choice functions);

(ii)        that the new Administration in May 2019 be recommended to prepare a new Policy Framework structure and hierarchy alongside the new Corporate Plan;

(iii)       that the Chairman/woman and Vice-Chairman/woman of the Council be referred to as Ceremonial Mayor and Deputy Ceremonial Mayor from May 2019 onwards, to ensure the role is clear for the community;

(iv)       that delegations are given to the Chief Executive on Executive Functions on grounds of urgency during circumstances where there is no appointed Leader by the Council (e.g. during the interim period of a Local Election and Annual Council to appoint the new Leader of the Council;  or in absence of the Leader of the Cabinet and where no Deputy Leader is appointed and/or where the delegation arrangements by the Leader to Cabinet members are not in place;  or during the period where the Council has removed the Leader of the Council by resolution and the new Leader is to be appointed at the subsequent Council.) (Para 1.20 of Chief Executive’s specific delegations refers);

(v)        that delegated authority be given to the Monitoring Officer to make any further technical changes and/or changes to existing Constitution which apply changes to the provisional Constitution for May 2019, in consultation with the Chairman of the Constitution Working Party, prior to recommending the new Constitution for approval to the new Council in May 2019;

(vi)       that the Independent Remuneration Panel (IRP) undertake its review of the Members’ Allowances Scheme for the new Leader and Cabinet system and make recommendations to Council at its meeting on 31 January 2019.  The IRP be recommended to make recommendations to Council that keep the Scheme within  ...  view the full minutes text for item 123.

To consider the submitted report on a proposed provisional four year calendar of meetings for 2019 to 2023.

The Council considered the submitted report setting out the proposed a four year calendar of meetings for the 2019 to 2023 term of office.

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

(i)         that subject to the Provisional Constitution for Leader and Cabinet System of Governance May 2019 – Constitution Working Party Recommendations being approved, the provisional calendar of meetings for 2019 to 2023, set out in Appendix 1 to the submitted report, be approved for final ratification at the Annual Council Meeting;  and

(ii)        that meetings of the Employment Committee and Civic Committee be held on an ad-hoc basis, to be determined by the Head of Governance in consultation with the relevant Chairman/woman.

To note the submitted budget monitoring report for Quarter 2 2018/2019 and consider any recommendations from the Overview and Scrutiny Board.

The Council noted the submitted report on the high level budget summary of the Council’s revenue and capital income and expenditure for quarter 2 of the 2018/19 financial year. 

It was noted the revenue budget was predicting an overspend of £2.4 million primarily as a result of expenditure pressures in Children’s Services.  Members also noted the Capital Plan budget totalled £200 million for the 4 year programme, with £83 million scheduled to be spent in 2018/19, including £45 million on Investment Fund opportunities and £12 million on various regeneration projects.

To note the attached Executive decision to which the call-in procedure did not apply as set out in the attached Report.

Members noted the submitted report setting out the executive decision taken (Local List for Validating Planning Applications) to which the call-in procedure did not apply. 

To consider adjourning the meeting until 5.30 p.m.

At this juncture the meeting was adjourned until 5.30 pm on Wednesday 5 December 2018.

Chairman of the Council, Councillor Doggett, in the Chair

To consider the Elected Mayor’s response to the Council’s objection to the Corporate Asset Management Plan.

Further to the Council meeting held on 18 October 2018, members considered the submitted report on the Mayor’s response to the objections on the current Corporate Asset Management Plan in respect of reference to Nightingale Park.

Elected Mayor Oliver proposed and Councillor Mills seconded a motion as set out below:

that the Elected Mayor disagrees with the Council’s objection and confirms that no changes should be made to the Corporate Asset Management Plan.

During the debate Councillor Darling (S) proposed and Councillor Long seconded an amendment (as set out below) to the motion and referred to a petition (approximately 179 signatures) supporting the amendment which had been handed to the Chairman:

that the Corporate Asset Management Plan be amended to include the former tip area adjacent to Browns Bridge (named as Nightingale Park) in the Corporate Asset Management Plan, detailing that it is to be protected for sports and leisure as identified in Torbay’s Playing Pitch Strategy and the adopted Torbay Local Plan.

A recorded vote was taken on the amendment.  The voting was taken by roll call as follows: For: Councillors Barnby, Bent, Brooks, Carter, Darling (M), Darling (S), Doggett, Hill, Kingscote, Lewis (B), Lewis (C), Long, Morey, Pentney, Robson, Sanders, Stockman, Stubley, Sykes, Thomas (D), Tolchard and Tyerman (22);  Against: Elected Mayor Oliver and Mills (2);  Abstain:  Councillors Amil, Excell, Haddock, O’Dwyer, Parrott and Stocks (6);  and Absent: Councillors Bye, Ellery, King, Manning, Morris, Thomas (J) and Winfield (7). Therefore, as more than two-thirds of members present and voting had cast their vote in support of the amendment, it was carried.

The amended (substantive) motion was then considered by members and as more than two-thirds of members present and voting had cast their vote in support, it was agreed by the Council as follows:

that the Corporate Asset Management Plan be amended to include the former tip area adjacent to Browns Bridge (named as Nightingale Park) in the Corporate Asset Management Plan, detailing that it is to be protected for sports and leisure as identified in Torbay’s Playing Pitch Strategy and the adopted Torbay Local Plan.

To receive a petition and any oral representations from the public in accordance with Standing Order A12 as attached.

In accordance with Standing Order A12, the Council received a petition objecting to the location of the charity PATH due to its impact on local residents and businesses (approximately 59 signatures).

At the invitation of the Chairman, Mr Richard Ambrose addressed the Council in relation to the petition.

It was noted that the petition would be referred to the Director of Adults and Housing for consideration in consultation with the Executive Lead for Children and Housing.

To hear and respond to any written questions or statements from members of the public which have been submitted in accordance with Standing Order A24 (as attached).

In accordance with Standing Order A24, the Council heard from Ms Jo Corrall who had submitted a statement and question in relation to the commitment to reduce greenhouse gas emissions and the Council divesting funds from investments in the fossil fuel industry.  The Elected Mayor responded to the statement and question that had been put forward, plus a supplementary statement from Ms Corrall.

To respond to the submitted questions asked under Standing Order A13 (as attached).

Members received a paper detailing questions, 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 Bent, Excell, Haddock, Mills and Parrott and was circulated prior to the meeting.

Supplementary questions were put and answered by Elected Mayor Oliver and Councillors Bent, Excell, Haddock, Mills and Parrott, arising from their responses to the questions in respect of questions 1, 3, 5, 6, 7, 8, 9, 11 and 12.

The Council received two Notice of Motions in relation to the Mace at Council Meetings, notice of which was given in accordance with Standing Order A14.  In accordance with Standing Order A14.3(b), the motions were dealt with by this meeting.  The Chairman advised that the second Notice of Motion received from the Liberal Democrat Group would be treated as an amendment to the first Notice of Motion received from the Executive.

Elected Mayor Oliver proposed and Councillor Mills seconded the Executive motion as set out below:

that this Council needs to make the necessary arrangements to ensure that in future the Mace is always present at all future Council meetings.

It is a long and established tradition and retains the linkage the authority has to the Monarchy which is part of the national structure of government in this country.

Councillor Pentney then proposed and Councillor Carter seconded the Liberal Democrat motion as an amendment to the Executive motion as follows:

1.         This Council notes that we are one of around 20 Councils that face severe financial problems due to cuts by central Government of £76 Million to the budget in recent years.

2.         This Council notes that, in the absence of the Mace or civil regalia at Council meetings, decisions made are valid and binding.

3.         Since the 1st August, 2018, Torbay Council has introduced a ban on non-essential spending.  Therefore, the security costs required for these Civic items, should be seen as non-essential spending.

In light of the above this Council agrees:

(i)         that the Mace and civic regalia are no longer used at Council meetings to ensure the Council is prioritising best use of its limited resources;

(ii)        that the Mace is only used at Annual Council meetings and Remembrance Sunday to represent the significance of these events;  and

(iii)       that officers be instructed to amend the Constitution to reflect this decision.

The amendment was put to the vote and declared lost.

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

that this Council needs to make the necessary arrangements to ensure that in future the Mace is always present at all future Council meetings.

It is a long and established tradition and retains the linkage the authority has to the Monarchy which is part of the national structure of government in this country.

Members considered a motion in relation to the suspension of the 60 and 65 bus services by the Torbay Community Development Trust, notice of which was given in accordance with Standing Order A14.

Councillor Long proposed and Councillor Darling (S) seconded the motion:

This Council notes with grave concern the announcement by the Torbay Community Development Trust concerning the suspension of the 60 and 65 bus services.

Torbay Council recognises the vital service that these bus services provide to frail and elderly residents providing a vital link to the hospital, and also to Torquay Town Centre.

Following the announcement of the suspension, residents have highlighted a number of issues. These include:

·         buses breaking down regularly resulting in an unreliable service which may have put people off using the service resulting in a lack of income;

·         vehicles having to be fixed regularly presumably at some cost;

·         the lack of any meetings between the Torbay Community Development Trust and service users, resulting in a lack of communication about the serious financial situation that was developing. This lack of communication has negated any opportunity for users of the service to promote the service or fundraise for it;

·         no communication by the Torbay Community Development Trust with Ward Councillors about the financial situation until the suspension announcement denying any opportunity to explore other funding opportunities;

·         limited promotion of the bus services following the launch.

The Council calls on the Elected Mayor to establish an urgent Task and Finish Group to discover what has gone wrong and to explore potential funding solutions to sustain these vital services in the future both short term (so that the services can cover the vital Christmas period) and longer term.

In accordance with Standing Order A14.3(a), the motion stood referred to the Elected Mayor.  The Elected Mayor rejected the motion and the reasons given along with his decision are set out in the Record of Decision attached to these Minutes.

The Council received a motion in relation to the funding for Town Centre Regeneration be moved to a general Regeneration Fund, to enable regeneration investment within the whole of Torbay, notice of which was given in accordance with Standing Order A14. 

The Chairman announced that, in accordance with Standing Order A14.2(c), Councillors Robson and Tyerman had given notification that they wished to withdraw this motion.

To consider the submitted report on the outcome of the review of polling districts, polling places and polling stations.

As a result of the review by the Local Government Boundary Commission in 2017 of the electoral arrangements for Torbay (approved by Parliament in June 2018), the Council considered the recommendations of the Constitution Working Party on a review of Torbay’s polling districts, polling places and polling stations (as set out in the submitted report).

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

(i)         that the revised polling district and polling station scheme, as set out at Appendix 1 of the submitted report be approved;  and

(ii)        that delegation be given to the Returning Officer to make any amendments to the scheme which may be required to facilitate the running of elections.

A Liberal Democrat amendment proposed by Councillor Darling (S) and seconded by Councillor Long was circulated prior to the meeting.  During the debate, Councillor Hill and Councillor Thomas (D) accepted the amendment, which was then incorporated in the original motion and was agreed by the Council (unanimously) as set out below:

(i)         that the revised polling district and polling station scheme, as set out at Appendix 1 be approved, subject to the proposed new polling district AE (made up of the current WC and WD polling districts), with polling station at Acorn Community Centre, being amended to create a new single polling district AF (incorporating properties at Dorchester Grove, Gloucester Close, Horace Road, Lichfield Avenue, Lincoln Green, Salisbury Avenue, Shrewsbury Avenue, Truro Avenue and Winchester Avenue) with the polling station for AF at Hele Road Baptist Church, Hele Road, Torquay;  and

(ii)        that delegation be given to the Returning Officer to make any amendments to the scheme which may be required to facilitate the running of elections.

To consider the submitted report on the above.

The Council considered the submitted report on proposals for a Compulsory Purchase Order for land required to ensure highway improvements for the Torquay Gateway Improvements scheme.  It was noted the land related to the section of the scheme between Shiphay Lane and the Lowes Bridge junction, which was owned by Network Rail.  The Compulsory Purchase Order would enable the land to be acquired if agreement with Network Rail could not be reached.

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

(i)         that negotiations with Network Rail, as landowner, for acquisition of the land required for the Torquay Gateway Highways Improvement – Shiphay Lane Junction to Lowes Bridge Junction Scheme be continued to completion and to acquisition by agreement when possible;

(ii)        that authority be delegated to the Director of Corporate Services to make a Compulsory Purchase Order for the land required for the Torquay Gateway Improvement Scheme affecting land adjacent to the A3022 Newton Road in accordance with the following:-

that Torbay Council makes a Compulsory Purchase Order under sections 239, 240, 249, 250 and 260 of the Highways Act 1980 for the acquisition of all interests in the land (except those already owned by the Council) and new rights within areas shown (shaded pink for areas of land in respect of which all interests are to be acquired and shaded blue for the areas over which new rights are to be acquired) on plan number (insert new) attached as Appendix 1 to the submitted report for the purpose of highway improvement.

(iii)       subject to approval of (ii) above, that the Director of Corporate Services be authorised to:-

a)         take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Order including the publication and service of all notices and the presentation of the Council’s case at any Public Inquiry;

b)        to acquire interests in land and new rights within the Compulsory Purchase Order either by agreement or compulsorily; and

c)         approve agreements with the land owner setting out terms for the withdrawal of objections to the Order, including where appropriate seeking exclusion of land or new rights form the Order;  and

(iv)      that detailed design and preparation of proposals continue for the highway improvement scheme in order that a scheme can be implemented following acquisition of all required sections of land.

To consider the submitted report on a proposal to merge the Housing Rental Company (RentCo) into the TDA, or subsidiary of the TDA to enable relevant affordable housing schemes to be delivered at pace.

The Council considered the submitted report on recommendations of the Housing Committee on a proposed merger of the Housing Rental Company (RentCo) into the TDA (or a subsidiary of the TDA) to enable affordable housing schemes to be delivered at pace.

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

that Council approves the recommendations from Housing Committee:

(i)         that in principle there appear to be clear benefits in merging the Housing Rental Company (RentCo) into the TDA, or a subsidiary of the TDA to enable relevant affordable housing schemes to be delivered at pace;  and

(ii)        that the principle of merging the Housing Rental Company (RentCo) into the TDA, or a subsidiary of the TDA be approved, subject to further due diligence and a detailed commissioning agreement.

(iii)       that the Assistant Director of Business Services be authorised to undertake further due diligence and, if appropriate, finalise a detailed commissioning agreement with the TDA for the delivery of affordable housing schemes, in consultation with the Executive Lead for Children and Housing, the Chairman of the Housing Committee and the Section 151 Officer.

To note the submitted report on the above.

The Council received and noted an update on the progress of the three housing sites at Redwell Lane, Totnes Road and St Kildas, as set out in the submitted report.