Agenda and minutes

In accordance with Council Procedure Rule 28 (Petitions), notice had been received from Ms Ella Dangerfield of her wish to formally present a petition to the Chairman of the Council.

At this point, the Chairman confirmed that he had exercised his discretion to permit Ms Dangerfield to make a brief statement to the Council.  In so doing, Ms Dangerfield provided an explanation that outlined why she had organised the petition that called on the Council to:

1.      Declare a ‘Climate Emergency’;

2.      Pledge to make the district of the South Hams carbon neutral by 2030 (in line with the 2018 IPCC (Intergovernmental Panel on Climate Change) Special Report), taking into account both production and consumption emissions;

3.      Call on Westminster to provide the powers and resources to make the 2030 target possible;

4.      Work with other local governments (both within the UK and internationally) to determine and implement best practice methods to limit Global Warming to less than 1.5 degrees Celsius;

5.      Continue to work with partners across the county and region to deliver this new goal through all relevant strategies and plans; and

6.      Report to Full Council within six months with an Action Plan, outlining how the Council will address this Emergency.  The Action Plan will detail the leadership role South Hams District Council will take in promoting community, public, business and other Council Partnerships to achieve this Carbon Neutral 2030 Commitment throughout the District.  The Action Plan will also outline adequate staff time and resources to undertake the actions to achieve the target.

A Member proceeded to advise that, in line with Council Procedure Rule 11(c) (Motions Without Notice – to change the order of business in the agenda), he wished to PROPOSE that:

‘Agenda Items 14: Urgent Business and 19: Business Brought Forward by the Chairman be moved up the agenda to be considered immediately.’

This procedural motion was subsequently SECONDED and when put to the vote was declared CARRIED.

the Chairman to announce if any item not on the agenda should be considered on the basis that he considers it as a matter of urgency (any such item to be dealt with under ‘Business Brought forward by the Chairman’);

At this point, a Member felt that, given the levels of public interest that had been generated by the petition, it would be courteous to give formal consideration to the matter of declaring a Climate Emergency at this meeting.  However, since this matter had not been included on the published agenda for this meeting, then the only means for this matter to be considered would be via the Chairman agreeing that it could be raised as ‘Urgent Business’.

The Chairman proceeded to consider this request and subsequently gave his agreement that this matter could be debated as an urgent item at this meeting.

to consider business (if any) brought forward by the Chairman;

Given the decision of the Chairman (Minute 02/19 above refers), a motion was then PROPOSED and SECONDED as follows:

‘In light of the declaration of the Climate Emergency by Teignbridge Council on the 18 April 2019 and by Parliament on 1 May 2019 we request, as an urgent matter, the Council agrees to the matter of the adoption of Teignbridge Council’s Climate Emergency Declaration and cooperation with Teignbridge on tackling Climate Change being referred to the Executive for its consideration at its next meeting on 6 June 2019 in order that a recommendation be put to the next meeting of Full Council.’

In his introduction, the proposer advised that he was aware from the latest published version of the Executive Forward Plan that the Executive was already due to consider a report related to Climate Change at its next meeting on 6 June 2019.  It was therefore the intention of his motion for specific reference to be included in this report on the ambitious actions that had been recently approved by Teignbridge District Council (including a pledge to do what was within their powers to make the Teignbridge District carbon neutral by 2025).

In the ensuing debate, the following points were raised:-

(a)    An amendment was PROPOSED and SECONDED to read as follows:

‘In light of the declaration of the Climate Emergency by Devon County Council and by Parliament on 1 May 2019 we request, as an urgent matter, the Council agrees to the matter of the adoption of Devon County Council’s Climate Emergency Declaration and cooperation with Devon on tackling Climate Change being referred to the Executive for its consideration at its next meeting on 6 June 2019 in order that a recommendation be put to the next meeting of Full Council.’

In citing as an example the ongoing work on the aligned Devon Waste Strategy, the proposer advised that the Council was already working closely with Devon County Council (DCC).  Since the Council did not currently work as closely with Teignbridge District Council (TDC), it was felt to be more appropriate to co-operate with DCC rather than Teignbridge District Council.

Another Member highlighted that the TDC portfolio holder for Climate Change had recently made contact with the Council pointing out that TDC was keen to work alongside its neighbouring District Councils and DCC on the actions necessary to become carbon neutral by 2025.  As a consequence, the Member felt that the amendment was discourteous to TDC.

When put to the vote, the amendment was declared CARRIED;

(b)  A further amendment was then PROPOSED and SECONDED to read as follows:

‘In light of the declaration of the Climate Emergency by Devon County Council and Teignbridge District Council and by Parliament on 1 May 2019 we request, as an urgent matter, the Council agrees to the matter of the adoption of Devon County and Teignbridge District Councils’ Climate Emergency Declarations and cooperation with Devon and Teignbridge on tackling Climate Change being referred to the Executive for its consideration at  ...  view the full minutes text for item 3/19

(The Chairman will then read and sign the declaration of acceptance of office).

RESOLVED

That Cllr R Rowe be elected Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2020.

Cllr Rowe subsequently declared and signed her acceptance of office.

In addressing the Council, Cllr Rowe expressed her honour at being elected as Chairman of the Council and wished to thank her fellow Members for their vote of confidence.

During her address, Cllr Rowe also made specific reference to:-

-        her wish to both congratulate and welcome new and returning Members to the Council following the recent local elections.  In so doing, the Chairman also wished to pay tribute and thank those Members who had either retired or lost their seats during this election;

-        the importance of all Members working for the benefit of the entire South Hams District and not being parochial;

-        the emphasis that should be given to the ‘3Es’ (Economy, Employment and Environment);

-        the pride that she felt to be re-elected as both a Member and the Chairman.  In expressing her pride, the Chairman expressed her best wishes to all Members and guaranteed that she would do her very best to uphold the office;

-        her chosen charity being the Devon Air Ambulance; and

-        her intention to hold a Civic Service in Stoke Gabriel during September 2019 and a Members Christmas Party.  Members were informed that the dates of these events would be circulated in the next few weeks.

RESOLVED

That the thanks of the Council be extended to Cllr Holway for the manner in which he had performed his duties during his term of office as Chairman of the Council.

Cllr Holway proceeded to address the Council and highlighted how enjoyable he had found his year of office.  In so doing, he made particular reference to:-

-        his gratitude for the support he had received from the wider membership during his year of office.  In particular, he wished to thank Cllr Rowe for her excellent support and he hoped that she and her husband would have an equally memorable year;

-        the support he had also received from officers.  Whilst Cllr Holway paid tribute to officers throughout the Council, he expressed particular gratitude to the Chief Executive and Democratic Services Officers; and

-        the enjoyment he had gained from the civic events that he had attended.

(The Vice Chairman will then read and sign the declaration of acceptance of office).

RESOLVED

That Cllr R J Foss be appointed Vice Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2020.

Cllr Foss subsequently declared and signed his acceptance of office.

to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Council held on 21 February 2019 and the minutes of the special meeting held on 21 March 2019;

The minutes of the meeting of Council held on 21 February 2019 and the special meeting held on 21 March 2019 were both confirmed as a correct record and signed by the Chairman.

https://www.southhams.gov.uk/article/3689/Our-Constitution

Members were informed that the previously approved amendments had been made to the published Council Constitution.

It was then:

RESOLVED

That the published version of the Council Constitution for 2019/20 be formally noted.

RESOLVED

That Cllr J A Pearce be elected Leader of the Council and Chairman of the Executive for the period expiring on the date of the Annual Meeting of the Council in 2023.

In expressing her gratitude at being elected Leader of the Council, Cllr Pearce revealed to the Council that, in accordance with the Strong Leader model (Minute 57/10 refers), it was her wish to appoint Cllr Bastone to the position of Deputy Leader for the period expiring on the date of the Annual Meeting of the Council in 2023.  Furthermore, she would also be appointing Cllrs Baldry; Hawkins; Hopwood; and May to serve with her and the Deputy Leader on the Executive for the 2019/20 Municipal Year.

Cllr Pearce proceeded to pay tribute to the foresight and courage of Cllr Tucker (who had been Leader of the Council for the previous 12 years) in having the vision to establish the Transformation Programme.  It was now her intention to build upon these sure foundations to ensure that every aspect of the Council was focused upon the wellbeing and prosperity of all of the residents and businesses in the South Hams.  Of particular note, Cllr Pearce advised that:

-        the area must welcome visitors and allow tourism to flourish;

-        she was committed to making all reasonable and rational carbon footprint savings;

-        she recognised the importance of housing being built for local people and additional employment space being created; and

-        it was now timely for the Council to again begin to work more closely with the Members of West Devon Borough Council.  However, Cllr Pearce also stressed that ‘One Council’ would not be re-considered during her tenure as Leader.

to approve a review carried out in consultation with leaders of the Political Groups.  This is reflected in the list of Council Bodies – see item 10 below;

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 three 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;

§  A Green Party Group of 3 Members; and

§  Two non-aligned Independent Members.

2.      That the political balance rules be disapplied for the Salcombe Harbour Board to enable the 4 Members on the Board to be selected on a ‘fit for purpose’ basis; and

3.      That the overall political balance of Council Bodies, as reflected in the paper tabled to the meeting, be approved.

to appoint the Members of the following Council Bodies for the 2019/20 Municipal Year:-

a)     Audit Committee;

b)     Development Management Committee;

c)     Licensing Committee;

d)     Overview and Scrutiny Panel;

e)     Salcombe Harbour Board

The Council subsequently received nominations from the Group Leaders and Independent Members for the membership of the Bodies of the Council.

Two nominations (Cllrs M Long and J T Pennington) had been received for the Independent Member vacancy on the Development Management Committee.

When put to the vote, it was declared CARRIED that Cllr M Long be appointed to serve on the Development Management Committee.

It was then:

RESOLVED

That, for the 2019/20 Municipal Year, Members be appointed to the Bodies of the Council as set out in Appendix A to these minutes.

to elect the Chairman and Vice-Chairman of the following Bodies of the Council for the 2019/20 Municipal Year:-

a)     Audit Committee;

b)     Development Management Committee;

c)     Licensing Committee;

d)     Overview and Scrutiny Panel; and

e)     Salcombe Harbour Board (Chairman only).

The Council received nominations from its Group Leaders for the positions of Chairmen and Vice Chairmen of the Bodies of the Council.

It was then:

RESOLVED

That the Chairmen and Vice Chairmen of the Bodies of the Council for the 2019 / 2020 Municipal Year be as indicated below:-

to agree to the appointment of Members as representatives on Outside Bodies for the 2019/20 Municipal Year;

NOTE: Although some of these appointments are accepted by the “Outside Bodies” for a period of years, it is the Council’s practice where possible to review all appointments annually.

A paper 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.

Two nominations (Cllrs G Pannell and P C Smerdon) had been received for the position on the Dartmoor National Park Authority.

When put to the vote, it was declared CARRIED that Cllr P C Smerdon be appointed to the position on the Dartmoor National Park Authority.

Two nominations (the lead Executive Member for Environment and Cllr J M Hodgson) had been received for the position on the Devon Authorities Strategic Waste Committee.

When put to the vote, it was declared CARRIED that the lead Executive Member for Environment be appointed to the position on the Devon Authorities Strategic Waste Committee.

Three nominations (Cllrs G Pannell, H Reeve and P C Smerdon) had been received for the two positions on the Devon County/South Hams Highways and Traffic Orders Committee.

In line with the Council Constitution, it was necessary for these two vacancies to be filled by virtue of a ballot.  Upon completion of the ballot, it was subsequently declared CARRIED that Cllrs H Reeve and P C Smerdon be appointed to serve on the Devon County/South Hams Highways and Traffic Orders Committee.

Two nominations (Cllrs J M Hodgson and B Taylor) had been received for the position on the Local Enterprise Partnership Joint Scrutiny Committee.

When put to the vote, it was declared CARRIED that Cllr B Taylor be appointed to the position on the Local Enterprise Partnership Joint Scrutiny Committee.

Two nominations (Cllrs D Brown and G Pannell) had been received for the position on the Parking And Traffic Regulations Outside London Committee.

When put to the vote, it was declared CARRIED that Cllr D Brown be appointed to the position on the Parking And Traffic Regulations Outside London Committee.

Two nominations (Cllrs T R Holway and K Kemp) had been received for the position on the South Devon and Dartmoor Community Safety Partnership.

When put to the vote, it was declared CARRIED that Cllr T R Holway be appointed to the position on the South Devon and Dartmoor Community Safety Partnership.

It was then:

RESOLVED

1.      That the Council be represented on the list of Outside Bodies as presented to the meeting;

2.      That the Members named in Appendix B to these minutes be appointed as the Council’s representatives to those Bodies for the 2019/20 Municipal Year, and that, for the purposes of Members’ Allowances, attendance at meetings of these bodies be regarded as an approved duty; and

3.      That Members appointed to Outside Bodies provide a written report following each meeting; regular feedback and consultation on the issues affecting the Bodies concerned.

to agree to the appointment of the following Groups for the 2019/20 Municipal Year:-

a)     Accommodation Strategy Member Working Group;

b)     Affordable Housing Delivery Working Group;

c)     Council Tax Setting Panel;

d)     Devon Building Control Partnership;

e)     Discretionary (Majors) Business Rate Relief Decision Panel;

f)      Joint SH/WD/Plymouth Local Plan Partnership Board;

g)     Joint SH/WD Member/Officer Working Group;

h)     Political Structures Working Group;

i)       Public Spaces Working Group;

j)       Rate Relief Panel;

k)     Slapton Line Steering Group;

l)       Waste and Recycling Working Group; and

m)    Waste Partnership Board.

Members proceeded to consider the appointment for the 2019/2020 Municipal Year of the:-

(a)    Accommodation Strategy Member Working Group;

(b)    Affordable Housing Delivery Working Group;

(c)    Council Tax Setting Panel;

(d)    Devon Building Control Partnership;

(e)    Discretionary (Majors) Business Rate Relief Decision Panel;

(f)     Joint SH/WD/Plymouth Local Plan Partnership Board;

(g)    Joint SH/WD Member/Officer Working Group;

(h)    Political Structures Working Group;

(i)     Public Spaces Working Group;

(j)     Rate Relief Panel;

(k)    Slapton Line Steering Group;

(l)     Waste and Recycling Working Group and

(m)  Waste Partnership Board.

Once the principle and size of these Groups had been determined by the Council, Members proceeded to consider the appointments to each of these Bodies and, based upon these two decisions, it was then necessary for ballots to be undertaken on:

1.      Affordable Housing Delivery Working Group

Four nominations (Cllrs H D Bastone, J Brazil, J M Hodgson and J A Pearce) had been received for the three positions on the Affordable Housing Delivery Working Group.  Upon completion of the ballot, it was subsequently declared CARRIED that Cllrs H D Bastone, J Brazil and J A Pearce be appointed to serve on the Affordable Housing Delivery Working Group.

2.    Devon Building Control Partnership

Three nominations (Cllrs H D Bastone, J P Birch and J M Hodgson) had been received for the two positions on the Devon Building Control Partnership.  Upon completion of the ballot, it was subsequently declared CARRIED that Cllrs H D Bastone and J P Birch be appointed to serve on the Devon Building Control Partnership.

3.      Joint SH/WD/Plymouth Local Plan Partnership Board

Three nominations (Cllrs H D Bastone, J P Birch and J A Pearce) had been received for the two positions on the Joint SH/WD/Plymouth Local Plan Partnership Board.  Upon completion of the ballot, it was subsequently declared CARRIED that Cllrs H D Bastone and J A Pearce be appointed to serve on the Joint SH/WD/Plymouth Local Plan Partnership Board.

4.      Waste Partnership Board

Four nominations (Cllrs H D Bastone, J M Hodgson, N A Hopwood and the lead Executive Member for Environment) had been received for the three positions on the Waste Partnership Board.  Upon completion of the ballot, it was subsequently declared CARRIED that Cllrs H D Bastone, N A Hopwood and the lead Executive Member for Environment be appointed to serve on the Waste Partnership Board.

It was then:

RESOLVED

That the appointment of the Other Groups of the Council for the 2019/2020 Municipal Year be approved, as shown in Appendix C to these minutes.

Members are invited to declare any personal; or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting;

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.

The Chairman advised that she did not have any further announcements to make at this time.

The Council considered a report that sought to appoint three Co-Opted Members to serve on the Salcombe Harbour Board.

With no questions or issues being raised, it was then:

RESOLVED

That, with immediate effect, Messrs Hugh Marriage, Mark Taylor and Chris Plant be appointed to serve on the Salcombe Harbour Board as Co-Opted Members for the period to the date of the Annual Council meeting in May 2022.

Members considered a report that presented the Council’s Annual Report for the 2018/19 Financial Year.

The Leader introduced the report and made specific reference to:-

-        the successes associated with the adoption of the Joint Local Plan and the awarding of the new contract for recycling, waste collection and street cleansing services;

-        her congratulations to the work of Members and officers in setting a balanced Budget for 2019/20.  That being said, the Leader did also make the point to Members that the budget setting process for 2020/21 would be equally challenging;

-        the importance of the Council reducing failure demand and getting it ‘right first time’.  In addition, the Leader was of the view that the Council needed to focus on improving and developing its online processes and advised that the cost comparisons between a resident self-serving or having face to face contact with an officer were very significant; and

-        her wish for working relationships between Members and officers to be further improved.

During the subsequent debate, the following points were raised:-

(a)    A Member acknowledged the significant benefits of Members and officers working closely together and supported the introductory comments made by the Leader;

(b)    The format and presentation of the Annual Report were welcomed;

(c)    Since the contract was still in its infancy, a Member felt it was too early to consider the new recycling, waste collection and street cleansing services to be a success.  In response, the Leader cited the financial benefits that would be realised by the Council from the new contract and expressed her confidence that, once it had settled down, then the new arrangements would prove to be very successful.

It was then:

RESOLVED

1.    That the progress and achievements made by the Council be noted;

2.    That the Annual Report (as outlined at Appendix A of the presented agenda report) be adopted and published for the 2018/19 Financial Year.

to consider the following question received in accordance with Council Procedure Rule 8.

It was noted that no questions had been received in accordance with Council Procedure Rule 8.

to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1

(a)   By Cllrs Hodgson and Brazil

‘No trees on SHDC land will be felled without at least 3 days prior notification to the local Ward Member(s) that this has been proposed and the reasons why this is necessary.’

(b) By Cllrs Bastone and Birch

‘This Council will lobby MPs and write to MHCLG to express its concerns about the standards of new housing, calling for:

1.    A minimum number of inspections to be carried out on every new dwelling by the Building Control body, local authority or private sector;

2.    Quality of work to be incorporated to a higher degree than present, in the Building Regulations;

3.    Newly constructed timber framed housing to be included in the Governments Building Safety Programme; and

4.    Local Authorities to become the sole provider of Building Control, at least on high risk and all new residential buildings.’

It was noted that two motions had been received in accordance with Council Procedure Rule 10.1.

(a)    By Cllrs Hodgson and Brazil

‘No trees on SHDC land will be felled without at least 3 days prior notification to the local Ward Members that this has been proposed and the reasons why this is necessary.’

Cllr Hodgson introduced her motion and advised that it had been prompted by the recent felling works at Follaton House.  The Member was strongly of the view that the local Ward Member(s) should have been notified in advance of these works being carried out.

In the ensuing debate, an addition to the motion was PROPOSED and SECONDED as follows:

‘unless the tree is in a dangerous state in which case immediate felling can take place, but the local Ward Member(s) must be informed at the earliest opportunity.’

The proposer and seconder of the original motion were supportive of this addition and it was therefore incorporated into the substantive motion.

It was then:

RESOLVED

That no trees on SHDC land will be felled without at least 3 days prior notification to the local Ward Member(s) that this had been proposed and the reasons why this is necessary, unless the tree is in a dangerous state in which case immediate felling can take place, but the local Ward Member(s) must be informed at the earliest opportunity.

(b)   By Cllrs Bastone and Birch

‘This Council will lobby MPs and write to MHCLG to express its concerns about the standards of new housing, calling for:

1.      A minimum number of inspections to be carried out on every new dwelling by the Building Control body, local authority or private sector;

2.      Quality of work to be incorporated to a higher degree than present, in the Building Regulations;

3.      Newly constructed timber framed housing to be included in the Governments Building Safety Programme; and

4.      Local Authorities to become the sole provider of Building Control, at least on high risk and all new residential buildings.’

Cllr Bastone introduced his motion and made the following points:-

o    A number of reports were being received by local authorities in respect of the poor workmanship associated with new housing developments that had been built by national building companies.  In many such instances, safety was being compromised;

o    Since they were able to choose from a range of Building Control service providers, it was frequently the case that national building companies were employing their own Building Inspectors, which was often to the detriment of the build quality;

o    In support of a similar motion that had recently been approved by Cheshire East Council, the proposer asked that Members support the proposal for local authorities to once again become the sole provider of the Building Control service.

During the debate, reference was made to:-

(a)    the views of the seconder.  In support of the motion, the seconder emphasised that such poor quality work was leading to great stress and suffering being experienced by many young working families;  ...  view the full minutes text for item 22/19

to receive and as may be necessary approve the minutes and recommendations of the under-mentioned Bodies

RESOLVED

That the minutes and recommendations of the undermentioned bodies be received and approved subject to any amendments listed below:-

(a)   Council Tax Setting Panel           22 February 2019

CTSP.2/18 Declaration of the Council Tax Base and Individual Tax Bases for Town and Parishes: 2019/20

The Section 151 Officer was asked to provide an update to the letter that she had been instructed to write to the Town Clerk of Totnes Town Council to ask them to provide a statement explaining the increase in their element of the Council Tax.

A response had been received by the Town Clerk that had highlighted that the increase had been deemed necessary to undertake some essential asset improvement works and to fund a number of projects (e.g. investing in the Market Square area to improve the appearance and usability of the space and to continue and develop the ‘Visit Totnes’ tourism brand).

In referring to the response, the Member queried the point whereby the Town Council was ‘paying SHDC to delay Pay on Entry installation in Totnes public toilets’.

The Section 151 Officer further clarified that, whilst town and parish councils were not subject to any central government capping thresholds, they were encouraged to show ‘financial restraint’ when setting their annual precepts.

(b)   Development Management Committee  13 March 2019

(c)   Audit Committee  21 March 2019

(d)   Overview and Scrutiny Panel      28 March 2019

O&S.94/18: General Dispensations to Members and Appointment of Independent Persons

It was then:

RESOLVED

That Mrs Victoria Spense and Mr Martin Gleed (West Devon Borough Council Independent Persons) be also appointed to South Hams District Council from the Annual Meeting in May 2019 until the Annual Meeting in May 2023 and that all appointed Independent Persons be in receipt of regular performance reviews.

(e)   Salcombe Harbour Board            1 April 2019

(f)   Development Management Committee  10 April 2019