At its meeting on 16 March 2011, the Overview and Scrutiny Board considered the Notice of Call-in of the decision of the Mayor (taken at the Cabinet meeting on 3 March 2011) to authorise the Chief Executive of Torbay Development Agency to investigate and deliver a solution to the repairing liabilities at Princess Gardens, Princess Parade, the Pavilion and Princess Pier.  The Board resolved that the decision of the Mayor be referred to Council for consideration.  The Council considered Report OSB/6/11 which set out details of the Notice of Call-in and advice from the Monitoring Officer.

The Chairman advised that the call-in was considered by the Overview and Scrutiny Board after the agenda for this meeting had been published and after the 10 clear working day deadline for public questions had expired.  Requests for a public question time session on the call-in had been received and as it was not possible for members of the public to submit questions or statements by the deadline, the Chairman had accepted three questions/statements on this item (copies of which were circulated prior to the meeting).

Therefore, in accordance with Standing Order A24, the Council heard from Julie Brandon, Alan Griffey and Len Short who had submitted questions and statements in relation to the proposed development at Princess Gardens.  The Mayor responded to the questions and statements that had been put forward.

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

that the Mayor be requested to reconsider his decision in light of the following:

(i)         whilst the Council acknowledge the need for redevelopment in the Princess Gardens area, it would wish to safeguard what makes Torbay special;  and

(ii)        the Council shares the concerns listed on the call-in notice  namely:

(a)  the Mayor’s decision authorises the Chief Executive of the Torbay Development Agency to “investigate and deliver a solution to the repairing liabilities” in consultation with the Mayor, Portfolio Holder for Regeneration, the Environment Commissioner and the Executive Head of the Torbay Harbour Authority. What input will there be into this project from the Harbour Committee, Harbour users, the wider community and elected representatives?;

(b)  the Chief Executive of the Torbay Development Agency is being asked to “revisit the principle” of a Torquay Inner Harbour Pontoon Berthing Project. How will the Council ensure that residents can secure affordable berths in the inner harbour? What consultation has the Mayor undertaken on this? How will the Executive Head of the Tor Bay Harbour Authority be involved?;  and

(c)  the Mayor has failed to give any clear guidance as to what would or would not be acceptable in terms of development.

In accordance with Standing Order A19.4, a recorded vote was taken on the motion.  The voting was taken by roll call as follows:  For:  Councillors Amil, Baldrey, Butt, Carter (C), Carter (R), Charlwood, Darling, Doggett, Ellery, Excell, Faulkner (J), Hodge, Horne, Hytche, Manning, McPhail, Mills, Morey, Oliver, Pentney, Phillips, Richards, Scouler, Stocks, Stringer, Thomas (D) and Thomas (J) (27);  Against:  The Mayor, Councillors Aiton, Bent, Lewis and Parrott (5);  and Absent:  Councillors Addis, Faulkner (A) and Tolchard (3).  Therefore, the motion was declared carried.