To receive apologies for absence, including notifications of any changes to the membership of the Board.

It was reported that, in accordance with the wishes of the Liberal Democrat Group, the membership of the Board had been amended to include Councillor Penny in place of Councillor Douglas-Dunbar.

To confirm as a correct record the minutes of the meeting of the Board held on 8 October 2025.

The minutes of the meeting of the Board held on 8 October 2025 were confirmed as a correct record and signed by the Chair.

a)         To receive declarations of non pecuniary interests in respect of items on this agenda

For reference:  Having declared their non pecuniary interest 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.

b)        To receive declarations of disclosable pecuniary interests in respect of items on this agenda

For reference:  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.)

Councillor Brook declared a non-pecuniary interest in respect of the item in Minute 31 as a Director of the English Riviera Business Improvement District Company.

Alan Denby, Director of Pride in Place, declared a personal interest respect of the item in Minute 31 as a Board Member of the English Riviera Business Improvement District Company for the Council.

To undertake an annual spotlight review on water and flooding.

To receive an update on the South West Water Seasonal Tariff Trials.

(Note:  representatives from South West Water, the Environment Agency and English Riviera Business Improvement District (ERBID) Company Ltd and Brixham Town Council and the Director of Pride in Place and Cabinet Members for Place Development and Economic Growth and Pride in Place, Transport and Parking have been invited to attend this meeting.)

Since 2023 the Overview and Scrutiny Board have carried out an annual Spotlight Review on Water and Flooding.  The Board discussed concerns in respect of water and flooding and examined the written responses to the initial key lines of enquiry and supporting documents (full details of which can be found at https://www.torbay.gov.uk/DemocraticServices/ieListDocuments.aspx?CId=218&MId=26764&Ver= and received the following:

• Key lines of enquiry and responses from the Environment Agency;
• Key lines of enquiry and responses from South West Water;
• English Riviera Business Improvement District (ERBID) Company response to question;
• Updated presentation from the Environment Agency; and
• Presentation from South West Water (SWW).

The Board heard evidence from the following:

• Clarissa Newell, Regulatory Manager (Water) - Environment Agency;
• Dave Shorten, South West Catchment Co-ordinator - Environment Agency;
• Alan Burrows, Head of Local Government Affairs – SWW;
• Ian Lake, Head of Developer Services – SWW;
• Jonathan Coldwell, Operations Manager Waste Water Services – SWW; and

• Carolyn Custerson, Chief Executive Officer - English Riviera Business Improvement District (ERBID) Company Ltd.

The Environment Agency is responsible for regulating major industry and waste; treatment of contaminated land; water quality and resources; fisheries; inland river, estuary and harbour navigations; conservation and ecology; and managing the risk of flooding from main rivers, reservoirs, estuaries and the sea.

The following issues were highlighted during the discussion with the Environment Agency:

  Water Resilience & Climate Change:

• Drought was a growing concern.
• Extreme weather events were increasing and impacting on the network.
• Agricultural expansion affects water quality.

  Pollution Trends:

• Many pollutants have decreased, but new types were emerging.
• The EA aims for transparency in regulation and enforcement.
• The concern regarding the quality of water at Ilsham stream would not be investigated by the EA as it was not a designated bathing area and there had only been limited water quality sampling carried out by the community.  The EA need to focus their resources where they could make the most difference to protect the environment or people.

  Regulatory Framework:

• EA is funded through permit fees.
• Ofwat oversees water companies to ensure customer value.
• Legislative changes were expected to strengthen Regulation and make it easier for the EA to issue fines rather than having to take companies to court.

  Storm Overflows:

• Event Duration Monitors (EDMs) show when overflows occur.
• Overflows discharge very diluted waste during storms – this was around 90% water and 5% sewerage.  It was acknowledged that the messaging around the content of storm overflows needed improvement.  Ofwat have a good video on this which can be found at https://www.ofwat.gov.uk/about-us/ofwat-and-the-environment/pollution-and-water-quality/storm-overflows-explainer/.  The Water Companies have permits to allow such discharges to occur.  The EA was more focussed on discharges that were not in accordance with permits or other serious spillages.
• EA expects no spills 24 hours after rainfall.

  Enforcement Strategy:

• 24 cases were currently in court.
• EA prioritises based on environmental and public impact.
• Enforcement tools include warning letters and undertakings.
• Fines could be redirected into community investment.

  Surface Water & Sewerage:

• SWW must submit a plan  ...  view the full minutes text for item 31.