Agenda and minutes

to approve as a correct record the minutes of the meeting of the Council held on 15 December 2022;

57/22    

The minutes of the Council meeting held on 15 December 2022 were confirmed as a true and correct record.

In accordance with the Code of Conduct, Members are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests including the nature and extent of such interests they may have in any items to be considered at this meeting;

58/22                    

Members and officers were invited to declare any interests in the items of business to be considered during the course of this meeting.

Cllrs P C Smerdon and D Thomas both declared an interest in agenda item 6 ‘2023/24 Revenue and Capital Budget Proposals’ (Minute 59/22 below refers) and specifically recommendation part (xi).  Cllr Smerdon declared his interest by virtue of being the appointed South Hams District Council representative on the Dartmoor National Park Authority (DNPA) Outside Body.  Cllr Thomas declared his interest by virtue of being a co-opted member of the DNPA.  Both Members remained in the meeting and took part in the debate and vote thereon.

Having sought the advice of the Monitoring Officer as to whether or not they should declare an interest in agenda item 9: ‘South Devon AONB Management Plan Extension’ (Minute 62/22 below refers) by virtue of being the Council’s two appointed representatives on the South Devon AONB Outside Body, Cllrs N Hopwood and B Taylor were advised that there was no need to make any such declaration.

59/22   

The Council was presented with a report that outlined the recommendations of the Executive in respect of a series of draft revenue and capital budget proposals for 2023/24 (Minute E.69/22 refers)

In debate, the following points were raised:

a)         A number of Members expressed their support for the Council’s approach to the Budget setting process and the collaborative cross-party working that had resulted in the draft Budget proposals that had been presented to this meeting.  By way of an example, Members particularly welcomed the fact that the two recommendations that had been generated by the Budget Advisory Committee (relating to Council owned public conveniences and an additional Tree Officer) had been taken forward;

b)        There was widespread disappointment stated amongst Members that an increase in Council Tax was necessary.  In addition, there were calls for Central Government to provide increased grant funding to local authorities and for a fairer system of taxation to be employed;

c)         It was highlighted that the proposed increase recommended within the published agenda report represented only the District Council’s share of the forthcoming year’s Council Tax billing and that increases could also be expected from Devon County Council, the Police and Fire Authorities and local Town and Parish Councils.

In line with statutory requirements, a recorded vote was then undertaken on part (i) of the substantive motion.  The voting was recorded as follows:

For the motion (21):-         Cllrs Austen, Bastone, Brown, Chown, Foss, Hawkins, Hodgson, Holway, Hopwood, Jones, Long, McKay, Pearce, Pennington, Pringle, Reeve, Rose, Rowe, Smerdon, Spencer and Taylor.

Against the motion (6):- Cllrs Abbott, Baldry, Brazil, O’Callaghan, Pannell and Thomas.

Abstentions (0):

Absent (4):                            Cllrs Birch, Jackson, Kemp and Sweett

and the vote on part (i) of  the motion was therefore declared CARRIED.

In line with statutory requirements, a recorded vote was then undertaken on parts (ii) to (xi) of the motion.  The voting was recorded as follows:

For the motion (27):          Cllrs Abbott, Austen, Baldry, Bastone, Brazil, Brown, Chown, Foss, Hawkins, Hodgson, Holway, Hopwood, Jones, Long, McKay, O’Callaghan, Pannell, Pearce, Pennington, Pringle, Reeve, Rose, Rowe, Smerdon, Spencer, Taylor and Thomas

Against the motion (0):

Abstentions (0):

Absent (4):                            Cllrs Birch, Jackson, Kemp and Sweett

and the vote on parts (ii) to (xi) of  the substantive motion was therefore declared CARRIED.

It was then:

RESOLVED

i)       That Council Tax for 2023/24 be increased by £5 (Band D of £185.42 for 2023/24 – an increase equivalent to less than 10 pence per week or £5 per year – equating to a 2.77% increase). This equates to a Council Tax Requirement of £7,407,344;

ii)      That the financial pressures (as shown in Appendix A of the presented agenda report and amounting to £4,107,700) be approved;

iii)     That the net contributions from Earmarked Reserves of (£412,000) as shown in Appendix D of the presented agenda report, including the proposed use of £500,000 of New Homes Bonus funding to fund the 2023/24  ...  view the full minutes text for item 59/22

60/22                    

Consideration was given to a report that made recommendations on the changes to the levying of Council Tax premiums with effect from 1 April 2024 and also provided confirmation of the Council Tax discounts that were already in place.

The report also highlighted the changes contained within the Levelling Up and Regeneration Bill currently progressing through Parliament which would impact on Council Tax relating to second homes and long-term empty dwellings.

In debate, the proposed increase on Council Tax for second homes was widely welcomed.

It was then:

RESOLVED

1.         That, with effect from 1 April 2023, the following Council Tax discounts be adopted:

-        The discount for unoccupied and substantially unfurnished dwellings is 100% for a maximum period of 1 month;

-        The discount for unoccupied and substantially unfurnished dwellings for 1 month to 2 years is zero;

-        The discount for dwellings which are vacant and require major repair work to render them habitable is 50% for a maximum period of 12 months;

-        The discount for unoccupied furnished dwellings (second homes) is zero;

-        An empty homes premium of an additional 100% is levied on dwellings that have remained unoccupied and substantially unfurnished for at least two years, but less than 5 years;

-        An empty homes premium of an additional 200% is levied on dwellings that have remained unoccupied and substantially unfurnished for at least five years, but less than 10 years; and

-        An empty homes premium of an additional 300% is levied on dwellings that have remained unoccupied and substantially unfurnished for at least 10 years.

2.      That, subject to the Levelling Up and Regeneration Bill receiving Royal Assent from 1 April 2024, the current 100% premium for dwellings which are unoccupied and substantially unfurnished will be levied after a period of one year; and

3.      That, subject to the Levelling Up and Regeneration Bill receiving Royal Assent from 1 April 2024, a premium of 100% will be levied on all dwellings which are unoccupied and substantially furnished (second homes).

61/22                    

The Council considered a report that set out changes to discretionary relief for business rates that had been announced as part of the Autumn Budget 2022.

In discussion, the proposals contained within the presented agenda report were welcomed.

It was then:

RESOLVED

1.         That the Business Rates Relief: 2023/24 Retail, Hospitality and Leisure Scheme Policy (at Appendix A of the presented agenda report) be approved; and

2.      That the implementation of the 2023 Supporting Small Business Relief scheme be approved.

62/22                   

Consideration was given to a report that sought an extension to the South Devon Area of Outstanding Natural Beauty (AONB) Management Plan, in line with Defra recommendations.

It was then:

RESOLVED

That the South Devon AONB Management Plan (2019-2024) be extended by up to 12 months to the end of 2025.

63/22                    

The Council considered a report that set out the recommendations of the Independent Remuneration Panel on an updated Scheme of Members’ Allowances.

In her introduction, the Leader stated that the timing of the Review had been unfortunate and that it should be a matter for the new Council, post the District Council Elections in May 2023, to decide upon a new Scheme of Allowances and to that end PROPOSED an alternative recommendation that read as follows:

that Council be RECOMMENDED that the Remuneration Panel is respectfully asked to agree to defer a decision and to agree to extend the arrangements valid until April 2022 for the present Municipal year 2022-23, and then to commit to reconvene in the summer to carry out an in depth review of all aspects of Member remuneration

This wording was promptly SECONDED and, in the ensuing debate, the following points were raised:

(a)      Whilst accepting that the timing was attributed to the delay in the settlement of the annual national staff pay award, some Members echoed the views of the Leader that, given the proximity to the local Elections, an updated Scheme of Members’ Allowances should be a matter for the new Council administration to determine.  In contrast, other Members were of the view that the Independent Panel recommendations were reasonable and it would therefore be beneficial for the new Council administration for this meeting to approve its recommendations.  Thereafter, it would be a matter for the Panel to again review the Scheme early in the new administration;

(b)      Despite the lack of responses to the Member survey, some Members were of the view that all of the roles that were currently entitled to claim a Special Responsibility Allowance would benefit from a comprehensive review;

(c)       Irrespective of approving the Panel recommendations regarding the Basic Allowance, some Members stated that it was still unlikely to be an incentive in encouraging a vast demographic of society to stand for Council at the upcoming local elections.  This was felt to be regrettable and a barrier in helping to increase the diversity of the political composition of the Council;

(d)      Members stated that the workload and time commitment for elected Members had noticeably increased during this Council term and, given the need to be affordable, the Basic Allowance could not be proportionately increased enough to reflect that change.

It was then:

RESOLVED

That the Remuneration Panel be respectfully asked to agree to defer a decision and to agree to extend the arrangements valid until April 2022 for the present Municipal year 2022-23, and to commit to reconvene in the summer to carry out an in-depth review of all aspects of Member remuneration.

64/22

In line with the requirements of the Localism Act 2011, Members considered a report that proposed adoption of the Pay Policy Statement for 2022/23.

It was then:

RESOLVED

That the Pay Policy for 2022/23 (as set out at Appendix A of the presented agenda report) be approved.

65/22                    

Consideration was given to a report that presented the draft Calendar of Meetings for 2023/24 for adoption.

It was then:

RESOLVED

That the draft Calendar of Meetings for 2023/24 (as set out at Appendix A of the presented agenda report) be approved.

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

* Indicates minutes containing recommendations to Council

66/22                    

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

(a)    Salcombe Harbour Board - 14 November 2022

(b)    Audit & Governance Committee - 24 November 2022

(c)    Development Management Committee - 14 December 2022

(d)    Overview & Scrutiny Committee - 12 January 2023

(e)   Development Management Committee - 18 January 2023

(f)     Budget Advisory Committee - 19 January 2023

(g)    Executive – 26 January 2023

E.69/22 Draft Revenue and Capital Budget Proposals For 2023/24

It was noted that the Recommendations to Council contained therein had been considered earlier in the meeting at agenda item 6 (Minute 59/22 above refers).

E.71/22 Council Tax Reduction Scheme 2023-24 And Other Council Tax Discounts And Premiums

It was noted that parts 5 and 6 of the Recommendation to Council contained therein had been considered earlier in the meeting at agenda item 7 (Minute 60/22 above refers).

For the remaining Recommendations, it was then:

RESOLVED:

2.      That the local Council Tax Reduction Scheme for 2023/24 be approved as follows:

-     That no changes be made to Band 1 of the current banded scheme.

-     That Bands 2, 3 and 4 be uplifted by 20% (above current inflation) and, as detailed in paragraph 3.15 of the presented report, to take into account the Cost of Living crisis.

-     That the current range of earnings disregards be replaced with a single £25.00 disregard.

-     That changes be made to the Minimum Income Floor by adjusting the income calculation for self-employed claimants who receive carer’s allowance, personal independence payments or disability living allowance.

3.      That authority be delegated to the Director of Strategic Finance, in consultation with the Lead Executive Member for Benefits and the Head of Revenues and Benefits, to agree the uprating of working age regulations incorporated into the local Council Tax Reduction Scheme in line with those announced by the Department for Work and Pensions; and

4.      That officers be instructed to take immediate steps to apply the £25 Council Tax Support Fund payment to eligible Council Taxpayers, which was announced by the Government on 19 December 2022, and bring forward proposals for a discretionary scheme in late spring 2023.

E.72/22 Housing Crisis - Changes To Financial Assistance And Enforcement Policies

RESOLVED

1.      That the existing 2019-2022 Homes Assistance Policy be updated with the revised Better Care Fund Financial Assistance Policy 2022;

2.      That the electrical safety standards Civil (Financial) Penalty Policy be approved, implemented and incorporated into the Council’s Enforcement Policy, to allow officers to impose fines where necessary to landlords and improve Private Rented Properties; and

3.      That the energy efficiency standards Civil (Financial) Penalty Policy, be approved, implemented and incorporated into the Council’s enforcement policy to allow officers to impose fines where necessary to landlords and improve Private Rented Properties.

67/22                    

The Chairman informed the Meeting that no Public Questions had been received for consideration at this Meeting.

to consider the following question(s) (if any)  received in accordance with Council Procedure Rules;

67/22                    

The Chairman informed the Meeting that no Public Questions had been received for consideration at this Meeting.

to consider the following motions received (if any) in accordance with Council Procedure Rules;

a)        From Cllr Hawkins and Cllr Pearce

‘With South Hams’ close connection with His Majesty’s Armed Forces and, in particular, the Royal Navy and the Royal Marines, this Council formally adopts the Armed Forces Covenant.  In so doing, the Council reaffirms its commitment to uphold the Armed Forces Covenant and support the Armed Forces Community.

The Council recognises the contribution that Service Personnel, both regular and reservist, veterans and military families make to our Council, our community and to the country.’

b)        From Cllr Rose and Cllr Hodgson

‘Background:

As a planning authority, we are caught between Central Government’s whims on how many houses we need to build and profit-driven developers who monopolise the industry. Our hands are further tied by the lack of adequate policy in the NPPF to ensure developers truly meet our needs, socially and ecologically.

Full Council notes that:

Conventional approaches to development often have a detrimental environmental impact globally and locally, significantly contributing to global heating, flooding, pollution, ecological damage, species extinction and deforestation.

Conventional development routinely fails to provide adequately for the needs of our constituents, failing to produce sufficiently affordable housing, produce sufficient quality of housing, provide integrated means of community sustainability and resilience (such as community allotments/orchards, on-site power generation, and flood protection), or integrated support of community regeneration (sufficient space for community sports, games etc.)

Too often, new development reduces the quality of the local environment, where most people live, to the detriment of the whole, instead of meeting our needs, including for better places to live.

Full Council believes that:

Purely profit driven developments lack the necessary incentives and features to rapidly and radically reform development practices and outcomes in line with our ecological and social needs.

Whilst we are statutorily required to meet our development quota, necessitating our continued cooperation with, and support of, conventional developers, we also have a duty to welcome, seek, and support pioneering developers and projects who seek to demonstrate what is possible when ecological and social interest is put above profit within development.

Regenerative development shifts emphasis for land use planning from minimising and mitigating harm to maximising benefits and removing harm. In welcoming, seeking and supporting regenerative development we will be aiding and encouraging essential innovations that can raise the bar for development outcomes. This can seed greater autonomy within communities and provide incentive for conventional developers to keep up with rising expectations and aspirations through working with communities to genuinely meet their ecological and social needs.

Supporting regenerative development reflects the direction of travel of the Devon Carbon Plan and reflects the scale of the crises we face such that all forms of development, including those best suited to rural areas, able to produce the changes we need are supported and progressed, recognising that radical change and action in the way we shape places is needed, as the NPPF already lays out.

Full Council resolves:

1)  ...  view the full agenda text for item 69/22

69/22                    

It was noted that three Motions on Notice had been received in accordance with Council Procedure Rules.

a.     From Cllr Hawkins and Cllr Pearce

‘With South Hams’ close connection with His Majesty’s Armed Forces and, in particular, the Royal Navy and the Royal Marines, this Council formally adopts the Armed Forces Covenant. In so doing, the Council reaffirms its commitment to uphold the Armed Forces Covenant and support the Armed Forces Community.

The Council recognises the contribution that Service Personnel, both regular and reservist, veterans and military families make to our Council, our community and to the country.’

During the ensuing discussion, Members were in full support of the proposed Motion on Notice.

It was then:

RESOLVED

That, with South Hams’ close connection with His Majesty’s Armed Forces and, in particular, the Royal Navy and the Royal Marines, the Armed Forces Covenant be formally adopted. In so doing, the Council reaffirms its commitment to uphold the Armed Forces Covenant and support the Armed Forces Community.

The Council recognises the contribution that Service Personnel, both regular and reservist, veterans and military families make to our Council, our community and to the country.

b.     From Cllr Rose and Cllr Hodgson

‘Background:

As a planning authority, we are caught between Central Government’s whims on how many houses we need to build and profit-driven developers who monopolise the industry. Our hands are further tied by the lack of adequate policy in the NPPF to ensure developers truly meet our needs, socially and ecologically.

Full Council notes that:

Conventional approaches to development often have a detrimental environmental impact globally and locally, significantly contributing to global heating, flooding, pollution, ecological damage, species extinction and deforestation.

Conventional development routinely fails to provide adequately for the needs of our constituents, failing to produce sufficiently affordable housing, produce sufficient quality of housing, provide integrated means of community sustainability and resilience (such as community allotments/orchards, on-site power generation, and flood protection), or integrated support of community regeneration (sufficient space for community sports, games etc.)

Too often, new development reduces the quality of the local environment, where most people live, to the detriment of the whole, instead of meeting our needs, including for better places to live.

Full Council believes that:

Purely profit driven developments lack the necessary incentives and features to rapidly and radically reform development practices and outcomes in line with our ecological and social needs.

Whilst we are statutorily required to meet our development quota, necessitating our continued cooperation with, and support of, conventional developers, we also have a duty to welcome, seek, and support pioneering developers and projects who seek to demonstrate what is possible when ecological and social interest is put above profit within development.

Regenerative development shifts emphasis for land use planning from minimising and mitigating harm to maximising benefits and removing harm. In welcoming, seeking and supporting regenerative development we will be aiding and encouraging essential innovations that can raise the bar for development outcomes. This can seed greater autonomy within communities  ...  view the full minutes text for item 69/22