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South Hams Council |
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Minutes of a meeting of the South Hams Council held on Thursday, 19th May, 2022 at 2.00 pm at the Council Chamber - Follaton House
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Present: |
Councillors:
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Chairman Cllr Foss Vice Chairman Cllr Austen |
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Cllr Abbott
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Cllr Baldry |
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Cllr Bastone
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Cllr Birch |
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Cllr Brazil
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Cllr Brown |
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Cllr Chown
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Cllr Hawkins |
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Cllr Hodgson
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Cllr Holway |
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Cllr Hopwood
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Cllr Jackson |
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Cllr Jones
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Cllr Long |
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Cllr McKay
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Cllr O'Callaghan |
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Cllr Pearce
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Cllr Pennington |
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Cllr Pringle
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Cllr Reeve |
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Cllr Rose
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Cllr Rowe |
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Cllr Smerdon
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Cllr Spencer |
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Cllr Sweett
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Cllr Taylor |
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Cllr Thomas
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In attendance: |
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Officers: Senior Leadership Team Monitoring Officer Democratic Services Manager |
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1. Election of the Chairman of the Council;
01/22
RESOLVED
That Cllr L Austen be elected Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2023.
Cllr Austen subsequently declared and signed his acceptance of office.
2. Address by the New Chairman of Council
02/22
In addressing the Council, Cllr Austen expressed his honour at being elected as Chairman of the Council and wished to thank his fellow Members for the opportunity.
During his address, Cllr Austen made specific reference to:-
- his wish to pay tribute to the excellent work undertaken by the outgoing Chairman (Cllr Foss) and his predecessor (Cllr Rowe) in very difficult circumstances during the COVID-19 Pandemic;
- the transformation of the Council Chamber to better reflect the modern Council that South Hams District Council was;
- the work undertaken by officers throughout the pandemic in administering 12 different Business Grants Schemes on behalf of the Government, paying £85.9 Million via almost 20,000 individual payments, providing a lifeline for the residents and businesses of the South Hams. Cllr Austen wished to thank the officers for their hard work and flexibility in adapting to meet the challenges of delivering this funding; and
- our Ukrainian guests and their hosts. Cllr Austen highlighted the work taking place by the Council in: assisting with Welcome payments, helping with Benefits, providing support for the families, assisting in National Insurance support, helping with securing school places and the provision of free passes for local Leisure Centres. As such, Cllr Austen announced that his chosen charity for his year in office would be the British Red Cross Ukrainian Crisis Appeal.
3. Vote of thanks to the Retiring Chairman
03/22
In proposing and seconding the vote of thanks to the retiring Chairman, particular reference was made to the difficult circumstances that had resulted from the COVID 19 Pandemic and the excellent manner in which Cllr Foss had undertaken the role.
It was then:
RESOLVED
That the thanks of the Council be extended to Cllr Foss for the manner in which he had performed his duties during his term of office as Chairman of the Council.
4. Response by the Retiring Chairman
04/22
Cllr Foss proceeded to address the Council and highlighted how much he had enjoyed his time as Chairman and some of the challenges it had brought. He made particular reference to:-
- his chosen charities. Cllr Foss was pleased to announce that, during his year of office, he had raised the sum of £1,600 to be equally shared between his chosen charities of Devon Air Ambulance and Cancer Research UK. Cllr Foss proceeded to pay tribute to his late wife, Judy, who had raised many thousands of pounds for each of these charities in her lifetime;
- the hard work and support from the Council’s officers, particularly the Senior Leadership Team; and
- the engagements he had attended. Whilst he had enjoyed all of the engagements that he had attended during the year, his personal highlight had been the Lord High Admirals Divisions Event at Britannia Royal Naval College, Dartmouth.
In conclusion, Cllr Foss thoroughly recommended the position of Chairman of Council to anyone who had the opportunity to undertake it and he hoped that Cllr Austen would enjoy his year of office in the same way that he had.
5. Appointment of the Vice Chairman of the Council
05/22
RESOLVED
That Cllr B Taylor be appointed Vice Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2023.
Cllr Taylor subsequently declared and signed his acceptance of office.
6. Declarations of Interest
06/22
Members were invited to declare any interests in the items of business to be considered during the course of the meeting but there were none made.
7. Minutes
07/22
The minutes of the meeting of Council held on 31 March 2022 were confirmed as a correct record.
8. Council Constitution
08/22
The Council considered a report that proposed changes to the content and format of the Council Constitution, so that it reflected proposals to improve the clarity, efficiency and accountability of decision-making and that ultimately would result in a more user-friendly document.
In introducing the report, the Leader stated:
i) that the background to why the Council needed a Constitution and what it should contain was set out in the presented agenda report;
ii) Members had been dissatisfied with the current document for quite some time and that work to update and modernise it had commenced in July 2021;
ii) a full suite of documents had now been drafted but that during the recent consultation, Members had requested additional time to fully consider these, so as a result, only Chapters 1 (Introduction), 2 (Scheme of Delegation) and 3 ( Meeting Procedures Rules) were to be considered at this meeting for approval;
The Leader proceeded to outline and explain the proposed changes that were contained within the document.
At this point, the Monitoring Officer provided an update to the meeting on corrections made to the text since publication of the report and responded to questions from Members on points of clarity.
In the ensuing debate, particular reference was made to:-
(a) an amendment to recommendation (1) (that subject to (2) the Council adopts the following documents as set out at Appendix A as a part of its Constitution and the Constitution is amended with immediate effect) was PROPOSED and SECONDED as follows:
‘that subject to (2) the Council adopts the following documents as set out at Appendix A as part of its Constitution and the Constitution, ‘upon Council adopting the Complete Constitution, including the documents that contain hyperlinks’
In support of the amendment, the proposer felt that delaying the adoption of the Constitution until the document was fully complete would permit all Members to propose and discuss potential amendments and concerns with the Monitoring Officer and other Officers to ensure that the document was approved in its entirety rather than piecemeal.
In discussion the following points were raised:
i) Some Members expressed the view that all Members had already been given the opportunity to review and discuss each aspect of the Constitution prior to this meeting;
ii) It was noted that Chapters 1 and 3 had previously been approved at the Council meeting held on 15 July 2021 (Minute 36/21 refers);
iii) In support of the amendment, a Member stated that all Members should have been made fully aware of all proposed key changes to the existing document prior to its presentation for approval.
When put to the vote, the amendment was declared LOST;
(b) a further amendment to the recommendations was PROPOSED and SECONDED as follows
‘Chapter 2 (page 38) Table 1 (part 1.3) Overview and Scrutiny add:
‘That no Member of the Executive or Development Management (DM) Committee appointed at the Annual Council meeting can be appointed to be Members of the Overview and Scrutiny Committee’
In support of the amendment, the proposer felt it right and proper that all Members were given an equal opportunity to serve on a formal Committee of the Council and that no Members should be prohibited from serving on one of either: the Executive; DM Committee; or the Overview and Scrutiny Committee.
During the ensuing discussion, the following points were raised:-
i) In opposing the amendment, a Member suggested that not all Members wished to serve on one of these three Committees and it was therefore in fact restricting Members to be forced to have to sit on one of the Committees named in the amendment;
ii) A Member highlighted that the changes proposed in the Constitution meant that the Overview and Scrutiny Committee should now be politically balanced and the consequence of the amendment would mean that it would conflict with this requirement;
iii) Since the introduction of this local convention, a Member reminded the meeting that provision was now in place for Committee Substitutes to serve on both the DM and Overview and Scrutiny Committees. As a consequence, the convention had indirectly been superseded since it was possible (albeit in a substitute capacity) for Members to be able to now serve on both the DM and Overview and Scrutiny Committees.
When put to the vote, the amendment was declared LOST;
c) a third amendment to the recommendations was then PROPOSED and SECONDED as follows:
Page 104 and 120 to add: ‘The Special Council/Committee meeting shall be held with 14 days of the meeting being called’
Speaking in support of the amendment, the proposer felt that, in the event that a Special meeting had been called, then the matter to be considered was deemed to be urgent and, as such, the meeting should therefore be held at the earliest opportunity but certainly within 14 days.
In debate, the point was made that adequate time needed to be given for the necessary reports and other material to be prepared before a meeting could be called. However, this did not preclude the meeting from taking place well within 14 days should it be possible and deemed necessary.
When put to the vote, the amendment was declared LOST;
d) a fourth amendment to the recommendations was then PROPOSED and SECONDED as follows:
“That the proposal to delete the ability for Question and Motions on Notice to be put forward by Members to the Annual Council meeting be reinstated”
In introducing the amendment, the proposer felt that it was an erosion of democracy to remove this facility from any Council meeting.
In debate, the following views were expressed:
i) Since the Annual Council meeting was very much a ceremonial meeting at most local authorities, a number had already adopted the approach whereby Questions and Motions on Notice were prohibited from this meeting;
ii) In support of transparency and democracy a Member supported the re-instatement of the facility and echoed the comments of the proposer whereby removal of Questions and Motions on Notice from the Annual Council agenda represented the erosion of democracy;
iii) It was noted that a further two Council Meetings (from four to six meetings) had been added to recent adopted Calendar of Meetings. Since this enabled for greater opportunities to submit Questions and Motions on Notice, this was felt to counter the concerns raised over the erosion of democracy.
When put to the vote, the amendment was declared LOST;
e) a fifth amendment to the recommendation was PROPOSED and SECONDED as follows:
d) Ref Table 5 (Page 57) 5.2: Consider proposals for hamlets and similar locations for new Conservation Area Assessments to ensure the future protection of special heritage and historic locations in the district that could be vulnerable to inappropriate new development or deterioration.
In debate, there was some sympathy for the sentiment of the amendment but it was felt that the Council’s Constitution was not the correct place for this issue and that it was more suited to the Plymouth and South Devon Joint Local Plan (JLP) and should be considered at the forefront of the JLP review.
When put to the vote, the amendment was declared LOST.
The substantive motion was then put to the vote and it was subsequently:
RESOLVED
1. That, subject to resolution part 2 (below), the Council adopts with the following amendments:
- Chapter 2, Table 1, paragraph 1.3, the addition of the words ‘No Member of the Executive can be a Member of the Committee’ after ’13 Councillors’;
- Chapter 2, Table 1, paragraph 1.12 amend ‘4 co-opted Members’ to ‘6 co-opted Members’; and
- Chapter 2, Table 3A insert new paragraph after paragraph 3.18: ‘Executive – Making Neighbourhood Plans and Neighbourhood Development Orders – see Tables 5 and 6’ to replace paragraph 3.3. Paragraphs in Table 3A to be renumbered accordingly;
the following documents (as set out at Appendix A of the published agenda report) as a part of its Constitution and that the Council be amended with immediate effect:
a. Chapter 1 – Introduction;
b. Chapter 2 – Scheme of Delegation; and
c. Chapter 3 – Meeting Procedure Rules;
2. That Paragraph B1 of Appendix B and Paragraph C1 of Appendix C to the Meeting Procedure Rules (insofar as they exclude the Annual Meeting of Council) will apply from the next Annual Meeting of the Council; and
3. That a further report covering the revised Chapters 4, 5 and 6 of the Council Constitution be considered at the Council meeting to be held on 14 July 2022.
9. Representation on Political Groups
09/22
The Chairman advised Members that a review of the representation of the political groups on the Council’s Bodies had been carried out in consultation with the Leaders of the four Political Groups.
It was then:
RESOLVED
1. That it be noted that the Political Composition of the Council is as follows:-
· A Conservative Group of 16 Members;
· A Liberal Democrat Group of 10 Members;
· An Independent Group of 3 Members; and
· A Green Party Group of 2 Members.
2. That the overall political balance of Council Bodies, as reflected in the paper set out in the presented agenda papers, be approved.
10. Appointment of Members to Bodies of the Council
10/22
The Council subsequently received nominations from the Group Leaders for the membership of the Bodies of the Council.
It was then:
RESOLVED
That, for the 2022/23 Municipal Year, Members be appointed to the Bodies of the Council as set out in Appendix A to these minutes.
11. Election of Chairman and Vice-Chairman of those Bodies of the Council
11/22
The Council received nominations from its Group Leaders for the positions of Chairmen and Vice Chairmen of the Bodies of the Council.
Two nominations (Cllrs J Brazil and R Foss) had been received for the position of the Chairman of the Development Management Committee. When put to the vote, it was declared CARRIED that Cllr R Foss be appointed as Chairman of the Development Management Committee.
It was then:
RESOLVED
That the Chairmen and Vice Chairmen of the Bodies of the Council for the 2022 / 2023 Municipal Year be as indicated below:-
Body Chairman Vice Chairman
Audit and Governance Committee Cllr L Austen Cllr B Spencer
Council Tax Setting Committee Cllr J A Pearce Cllr H D Bastone
Development Management Committee Cllr R Foss Cllr R Rowe
Licensing Committee Cllr D Brown Cllr R Rowe
Overview and Scrutiny Committee Cllr D Thomas Cllr P C Smerdon
Salcombe Harbour Board Cllr J Brazil Co-opted Member
12. Appointment of Governance Boards / Panels
12/22
Members proceeded to consider the appointment for the 2022/23 Municipal Year of the:-
(a) Devon Building Control Partnership;
(b) Joint SH/WD/Plymouth Joint Local Plan Partnership Board;
(c) Rate Relief Panel;
(d) Slapton Line Steering Group;
(e) South Devon AONB Partnership Committee;
(f) Tamar Valley AONB Partnership Committee; and
(g) Waste Partnership Board.
It was then:
RESOLVED
That the appointment of Governance Boards / Panels for the 2022/23 Municipal Year be approved, as set out in Appendix B to these minutes.
13. Appointment of Representatives on Outside Bodies
13/22
A report was considered that set out details of those Outside Bodies to which the Council appointed representatives and included a list of nominations for representation on these Outside Bodies.
It was then:
RESOLVED
That, for the 2022/23 Municipal Year, the Council:
1. be represented on the list of Outside Bodies (as set out at Appendix C to these Minutes) and that, for the purposes of Members’ Allowances, attendance at meetings of these Bodies be regarded as an ‘Approved Duty’; and
2. reinforce the recommendations that were generated by the Outside Bodies Task and Finish Group review in February 2021, including the importance of Members providing feedback to the wider membership via the Reporting Feedback template as set out at Appendix 2 of the presented agenda report.
14. Urgent Business
14/22
(a) Submission to UK Seafood Fund: Infrastructure (Round One)
The Chairman informed that he had agreed that one item of urgent business could be considered at this meeting. The item was titled: ‘Submission to UK Seafood Fund: Infrastructure (Round One)’ and was considered urgent in light of the associated time constraints with making the submission and it was his intention for this item to be considered immediately.
As a result, a report was considered that sought approval from the Council for the submission of a bid to Round One of the UK Seafood Infrastructure Funding in relation to the Batson Fish Quay Infrastructure Upgrade.
In the ensuing discussion, particular reference was made to:-
o the sustainability of the shellfishing industry was noted. Furthermore, if the submission was successful, then the result would be that the Fish Quay would operate in a safer, more efficient and orderly manner; and
o the proposals being at no cost to the Council Taxpayer whilst the industry represented a significant part of the South Hams economy.
It was then:
RESOLVED
1. That the submission of a funding bid to the UK Seafood Infrastructure Fund to support the replacement of the existing fisherman stores to address a number of infrastructure limitations which are constraining the productivity of the modern businesses that use the Quay be approved; and
2. That the 25% match funding requirement of up to £1,000,000 be financed. The match funding to be made up of: a contribution of £200,000 from the Marine Infrastructure Reserve; £200,000 from the Business Rates Retention Reserve; and the remaining £600,000 from the Public Works Loan Board (external borrowing) and that the exact financial treatment be delegated to the Section 151 Officer, in consultation with the Leader, lead Executive Member for Assets and the Head of Paid Service so as to deliver the most sustainable financial outcome.
15. Chairman's Announcements
15/22
The Chairman advised that he did not have any further announcements to make at this time.
16. Reports of Bodies
16/22
RESOLVED
That the minutes and recommendations of the undermentioned bodies be received and approved subject to any amendments listed below:-
a) Audit Committee 10 March 2022
A.39/21 Review Of Confidential Reporting Policy
With regard to the views of the Audit Committee whereby staff consultation was critical on the draft Policy, the Section 151 Officer advised that Trade Unions had been consulted. In addition, reference to the Policy had been included in an issue of ‘People Matters’ (that was circulated to all members of staff) and was to be part of the Essential Learning Pathway for which all staff would be required to complete a learning module that set out the purpose and content of the Policy.
Having received these assurances, it was then:
RESOLVED
That the Confidential Reporting Policy and related Frequently Asked Questions document (as attached at appendices 1 and 2 of the published agenda report to the Committee Meeting) be adopted.
b) Development Management Committee 16 March 2022
c) Overview & Scrutiny Committee 17 March 2022
d) Special Executive 31 March 2022
e) Licensing Committee 31 March 2022
f) Executive 7 April 2022
E.105/21 Climate Change And Biodiversity Action - Council Net-Zero Update
RESOLVED
That authority be delegated to the Section 151 Officer, in consultation with the Leader of the Council and the lead Executive Member for Finance to:
a) approve and agree the lending terms to Fusion Leisure for a loan of up to £500,000 to facilitate solar panel installation across all four Council Leisure Centres over the remaining term of the leisure contract, in accordance with Treasury Management advice; and
b) update the Council’s Capital Strategy, Investment Strategy and Treasury Management Strategy for 2022/23 for a £500,000 loan provision to Fusion Leisure for the solar installation, in accordance with Treasury Management advice.
g) Development Management Committee 13 April 2022
h) Overview & Scrutiny Committee 21 April 2022
O&S.70/21 Annual Standards Report 2021/22
RESOLVED
That the appointments of George Barnicott, Trevor Kirkin, and Peter Boreham as Independent Persons be ratified from the Annual Meeting in May 2019 to the Annual Meeting in May 2023.
i) Special Salcombe Harbour Board 25 April 2022
With regard to recommendation SH.41/21 (Governance and Duty Holder Arrangements), it was confirmed that this item had already been approved as part of the Council Constitution review agenda item earlier in the meeting (Minute 08/22 above refers).
17. Questions
17/22
It was noted that one question had been received in accordance with Council Procedure Rule 8.
a) From Cllr Hodgson to Cllr Pearce, Leader of the Council
‘South Hams District Council has not declared an economic crisis, but has declared a housing crisis, so why are we borrowing £9 Million to support Aldi and a further £5 Million to support economic development in Devonport rather than investing in the social housing in South Hams that our residents need?’
In response, Cllr Pearce advised that she noted with interest that Cllr Hodgson had vigorously opposed the delivery of 36 affordable houses in Dartington at the last Development Management Committee meeting. By her maths, Cllr Pearce stated that this represented an investment of approximately £5 million of affordable housing that she would have seen prevented. This led Cllr Pearce to question whether Cllr Hodgson believed that there was a Housing Crisis or not.
In addition, Cllr Pearce informed that it was overly simplistic to suggest that the Council must do one over the other. The Council’s adopted Corporate Strategy (Better Lives for All) was clear that the Council wanted to see more affordable housing provision, more jobs and better skills training to support the South Hams economy. The Council was delivering on that through the Ivybridge proposals, the Freeport initiative and the Housing Crisis work.
In response to a supplementary question, Cllr Pearce set out the extensive levels of public consultation that had been undertaken on the Ivybridge proposals.
18. Notice of Motion
18/22
It was noted that two motions had been received in accordance with Council Procedure Rule 10.1.
(a) By Cllrs Abbott and Birch
“The Aldi Project at Ivybridge has given rise to planning, financial and local economic concerns from members of the public and outside bodies/ organisations.
Whilst acknowledging that the planning concerns will be addressed by the Development Management Committee in the determination of the planning application, the financial and economic concerns remain to be addressed.
To address these concerns Council requests the Overview and Scrutiny Committee examine those parts of the project relating to its finance and economic consequences, and report back to the July meeting of Council with its findings and recommendations.”
In his introduction, the proposer emphasised that, as a Member of the Development Management Committee, he would be making no comments on the planning merits of the proposals. However, the proposer was of the view that the options, opportunities and challenges associated with the proposals had still to be fully explored. Furthermore, the potential impact on both the local economy and the vibrancy of the town centre also warranted further consideration and it was therefore felt that a formal review by the Overview and Scrutiny Committee was justified.
During the ensuing debate, reference was made to:
(a) a great deal of correspondence having already been sent to Members of the Development Management Committee;
(b) the financial aspects of the Scheme being fully explored before Members took a final decision and that that project was next due to be considered at the Executive meeting in July 2022;
(c) parking arrangements. The point was made that incorrect information was circulating in the town of Ivybridge and this needed to be corrected. The Council was currently examining options relating to alternative parking arrangements during the construction phase of the supermarket;
(d) local retailers being likely to benefit from a large supermarket opening in the town due to the increase in footfall it would bring;
(e) the project being as closely monitored as possible and, as such, in addition to the Executive meeting of 7 July 2022, it should also be brought before the Overview and Scrutiny Committee and, if scheduling permitted, the Audit Committee;
(f) the intention of the motion. In support of the motion, it was noted that this Motion on Notice was not concerned with the merits of whether or not the Aldi development should progress, it was simply seeking approval for the proposals being brought to the Overview and Scrutiny Committee for further examination to demonstrate to local residents that the Council was listening to their concerns;
When put to the vote, the Motion was declared LOST.
(b) By Cllrs Hodgson and Rose
“As part of its new climate policy for planning, this council will require Flood Modelling to be carried out for new developments over 10 houses and all new drainage assessments are based on the most recently published IPCC (Intergovernmental Panel for Climate Change) reports to ensure that the most up to date risk assessment data is applied.”
In her introduction, the proposer made reference to recent Intergovernmental Panel on Climate Change (IPCC) reports, supported by our own Meteorological offices, which included in their flood modelling reference to the anticipated more extreme weather events to come, than the current data (that dated back to 2013) that was being used in determining flood risk in developments
Furthermore, the proposer stated that flood modelling took account of the impacts of Climate Change including those of extreme weather events and would provide a better toolkit for Planning Committees in making their decisions.
In debate, the following points were raised:
a) It was noted that any Planning Policy related decisions would need to be taken in conjunction with both West Devon Borough Council and Plymouth City Council as part of the Joint Local Plan (JLP);
b) It was not realistic to request flood modelling on all Planning applications, as this would add an unnecessary burden to sites which were at no risk of flooding and to the Environment Agency which would be required to undertake the Modelling work;
c) Devon County Council (as the local Flood Authority) had access to the most up to date information;
d) There was sympathy expressed for the Motion on Notice, but there were question marks over how much weight, in Planning terms, it would carry. As a consequence, it was considered to be more appropriate for this issue to be raised as part of the consultation currently taking place on the JLP Development Policy 32.
When put to the vote, the Motion was declared LOST.
The Meeting concluded at 5.35 pm
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Signed by:
Chairman |
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