Agenda and minutes

to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Annual Council meeting held on 21 May 2015 and the Special Council meeting held on 10 September 2015;

28/15  

The minutes of the annual meeting of Council held on 21 May 2015 and the Special Council meeting held on 10 September 2015 were confirmed as a correct record and signed by the Chairman, subject to removal of ‘Cllr A S Gorman’ as being in the list of Members at both meetings.

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;

29/15  

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.

30/15             

The Chairman announced that his chosen charity for this year was to be the Devon Air Ambulance.

to consider a report that presents Grant Thornton’s Audit Findings for the year ending 31 March 2015 (NOTE: this agenda item was also considered by the Audit Committee at its meeting on 24 September 2015)

31/15             

A report was considered that presented Grant Thornton’s Audit Findings for the year ending 31 March 2015.

The Grant Thornton Audit Manager took Members through the report and in the subsequent debate, particular reference was made to:-

-         the Value for Money conclusions.  The Audit Committee Chairman wished to highlight Grant Thornton’s Value for Money conclusions in respect of:

o  the Council having robust systems and processes to manage effectively financial risks and opportunities, and to secure a stable financial position that enabled it to continue to operate for the foreseeable future; and

o  the Council prioritising its resources within tighter budgets, for example by achieving cost reductions and by improving efficiency and productivity.

-         the excellent audit report.  In light of the excellent report, a number of Members wished for their congratulations and thanks to be extended to the Section 151 Officer and her finance colleagues.

It was then:

RESOLVED

That the Audit Findings be noted.

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

(a)    From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub-Committee meeting held on 20 August 2015

Of the four Licensing Objectives that underpin the Licensing Act 2003, two of these state: ‘public safety’ and ‘the prevention of public nuisance’.  Therefore, on the application for a new premises licence for Firewood Restaurant and Bar in Marldon on 20 August 2015, the Licensing Sub-Committee did not receive a ‘police report’ in relation to the application giving any views or opinion on ‘public safety’ and ‘public nuisance’ despite strong objections from the public and parish council and it has been confirmed that only a verbal confirmation had been received from the Police Licensing Officer that he had no objections to the application.  Therefore, in reaching the conclusion to grant the application, the Licensing Sub-Committee did not have either any written evidence from the police or any knowledge as to whether the police had visited and appraised the location and investigated the objections from members of the public and the parish council on issues citing both ‘public safety’ and ‘public nuisance’.

Does the Chairman of the Licensing Sub-Committee therefore consider that the failure of the police, as a statutory consultee, to produce a written report on the issues of ‘public safety’ and ‘public nuisance’ for consideration by the Licensing Sub-Committee to be in breach of the Licensing Act 2003 and hence if so to invalidate the decision taken by the Licensing Sub-Committee?

(b)    From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub-Committee meeting held on 20 August 2015

Can the Chairman of the Licensing Sub-Committee confirm whether a police officer visited the site of the Firewood Restaurant and Bar to investigate any issues involving ‘Public Safety’ and ‘Prevention of Public Nuisance’ and if so the date on which any such visit took place and the name of the police officer?

(c)    From Cllr Pennington to Cllr Steer, Chairman of the Development Management Committee

Can the Chairman of the Development Management Committee give an assurance that in connection with all future planning applications, the Planning Authority will demand written reports to be submitted to South Hams District Council Planning Authority by all statutory consultees and NOT merely verbal confirmation either in support or against applications?

(d)    From Cllr Pennington to Cllr May, Chairman of the Licensing Committee

Will the Chairman of the Licensing Committee confirm that in all future licensing applications, written reports will be demanded from all statutory consultees?

(e)    From Cllr Hodgson to Cllr Tucker, Leader of the Council

In light of the current refugee crisis (and the recent update from the Council’s Specialist (Communications and Media) on the Refugee Crisis), I ask the Leader if this Council is willing to play its part in supporting and accommodating its fair share of refugees.  Would the Leader therefore be willing to agree to:

-         Ask our Housing Officer to write to local housing associations, owners of empty  ...  view the full agenda text for item 32/15

32/15              

It was noted that six questions had been received in accordance with Council Procedure Rule 8.

From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub- Committee meeting held on 20 August 2015

(a)    ‘Of the four Licensing Objectives that underpin the Licensing Act 2003, two of these state: ‘public safety’ and ‘the prevention of public nuisance’.  Therefore, on the application for a new premises licence for Firewood Restaurant and Bar in Marldon on 20 August 2015, the Licensing Sub-Committee did not receive a ‘police report’ in relation to the application giving any views or opinion on ‘public safety’ and ‘public nuisance’ despite strong objections from the public and parish council and it has been confirmed that only a verbal confirmation had been received from the Police Licensing Officer that he had no objections to the application. 

Therefore, in reaching the conclusion to grant the application, the Licensing Sub-Committee did not have either any written evidence from the police or any knowledge as to whether the police had visited and appraised the location and investigated the objections from members of the public and the parish council on issues citing both ‘public safety’ and ‘public nuisance’.

      Does the Chairman of the Licensing Sub-Committee therefore consider that the failure of the police, as a statutory consultee, to produce a written report on the issues of ‘public safety’ and ‘public nuisance’ for consideration by the Licensing Sub-Committee to be in breach of the Licensing Act 2003 and hence if so to invalidate the decision taken by the Licensing Sub-Committee?’

In response, Cllr Holway stated that he did not agree that the Police had failed in this regard.

From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub-Committee meeting held on 20 August 2015

(b)    ‘Can the Chairman of the Licensing Sub-Committee confirm whether a police officer visited the site of the Firewood Restaurant and Bar to investigate any issues involving ‘Public Safety’ and ‘Prevention of Public Nuisance’ and if so the date on which any such visit took place and the name of the police officer?’

In reply, Cllr Holway responded ‘yes’, ‘no’ and ‘no’ respectively.

From Cllr Pennington to Cllr Steer, Chairman of the Development Management Committee meeting

(c)    ‘Can the Chairman of the Development Management Committee give an assurance that in connection with all future planning applications, the Planning Authority will demand written reports to be submitted to South Hams District Council Planning Authority by all statutory consultees and NOT merely verbal confirmation either in support or against applications?’

In reply, Cllr Steer stated that the Council would not demand that written reports be submitted by all statutory consultees.  In addition, whilst legislation set out the definition of a response, it did not mention how that response should be submitted.  Therefore, it would be difficult to insist on a written report, but it was presumed that, should a consultee wish to make a comment either in favour or against an application, then it would be received in  ...  view the full minutes text for item 32/15

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

(a)    By Cllrs Wright and Ward

‘As a result of the Governments recent announcement that Housing Associations will have to cut Social housing rents by 1% each year for the next four years from April 2015, this Council wishes to express its concerns that this policy will reduce the number of affordable homes being brought forward in our District, and asks for the support of the local members of Parliament.’

(b)    By Cllrs Brazil and Baldry

‘This Council welcomes the publication of the Government’s Rural Productivity Plan.  However, we question the solutions to solve our housing needs contained in the Plan.  As such we invite the Secretary of State to visit South Hams to hear our concerns and explore alternative solutions including the Village Housing Initiative.’

(c)    By Cllrs Hodgson and Baldry

‘With regard to the recent question to Executive regarding the underlying factors and principles regarding SHDC annual and four year budgets, we wish to propose that this Council adopts a set of easily understood and transparent principles for how it sets the budget, such that all Councillors and residents can understand how their council tax is spent.’

33/15  

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

(a)    By Cllrs Wright and Ward

‘As a result of the Governments recent announcement that Housing Associations will have to cut Social housing rents by 1% each year for the next four years from April 2015, this Council wishes to express its concerns that this policy will reduce the number of affordable homes being brought forward in our District, and asks for the support of the local members of Parliament.’

In light of the recent ministerial statement, the proposer and seconder of the motion felt it would be more appropriate for this motion to be deferred to the next meeting. 

(b)    By Cllrs Brazil and Baldry

‘‘This Council welcomes the publication of the Government’s Rural Productivity Plan.  However, we question the solutions to solve our housing needs contained in the Plan.  As such we invite the Secretary of State to visit South Hams to hear our concerns and explore alternative solutions including the Village Housing Initiative.”

In introducing the motion, the proposer made reference to:-

-         the published DEFRA report being welcomed.  The report presented a clear ten point plan for rural productivity and the proposer encouraged fellow Members to read the report;

-         concern over the housing needs solutions.  In particular, the proposer expressed concern regarding those suggested solutions to increase both social mobility and right to buy, whilst deciding to appeal the Judicial Review decision in respect of planning obligations thresholds.  The decision to appeal was felt to be in direct contradiction and would in fact (if overturned) result in less affordable housing provision in rural areas;

-         the purpose of the Secretary of State invite being to listen to the concerns of the Council and take on board its views in this respect.  In so doing, the proposer hoped that it was a misunderstanding of central government in terms of the severe housing issues facing rural areas like the South Hams.

In discussion, the following points were raised:-

(i)      It was noted that there was broad agreement amongst rural local authorities that the national affordable housing policies did not reflect or take into account rural areas;

(ii)     Some Members stressed that policies would result in starter homes only being classified as such for five years.  Based upon current statistics, it was estimated that the average South Hams resident would need a £50,000 salary increase to be able to afford to purchase a starter home;

(iii)   It was felt that the most effective means of trying to achieve a visit from the Secretary of State was to contact our local MPs.  Alternatively, it was also suggested by the Leader that the Secretary of State may be more inclined to attend a meeting of the Devon Districts Forum and he was happy to raise this matter at the next scheduled Forum meeting.  In addition, there was broad support for the Council writing to express our views to the District Council Network.  ...  view the full minutes text for item 33/15

to consider a report that deals with the requirements set out in the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 in respect of the new arrangements for taking disciplinary action against the Council’s statutory officers, namely the Head of Paid Service, the S151 Officer and the Monitoring Officer;

34/15             

The Council considered a report that dealt with the requirements set out in the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 in respect of the new arrangements for taking disciplinary action against the Council’s statutory officers, namely the Head of Paid Service, the Section 151 Officer and the Monitoring Officer.

In discussion, a Member stated his support for these Regulations, which he felt were long overdue and would reduce unnecessary bureaucracy.

It was then:

RESOLVED

1.       That the Council amend its Procedure Rules and Officer Employment Rules in the Council’s Constitution to give effect to the provisions of the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 (‘the Regulations’).  In particular:

(a)   the Head of Paid Service, Section 151 Officer and Monitoring Officer may only be dismissed by the Council; and

(b)   when considering whether to dismiss any of the officers set out in (a) above the Council must have regard to any view expressed by an Independent Panel.

2.       That the Council’s Independent Persons (appointed under the Localism Act 2011) are invited to be part of a Panel for the purposes of the Regulations; and

3.       That the Monitoring Officer amend the Council Constitution accordingly.

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

* Indicates minutes containing recommendations to Council.

35/15  

RESOLVED

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

(a) Development Management Committee           27 May 2015

(b) Overview & Scrutiny Panel                            4 June 2015

(c) Executive                                                      18 June 2015

(d) Audit Committee                                           25 June 2015

(e) Development Management Committee           1 July 2015

(f)  Overview & Scrutiny Panel                            9 July 2015

(g) Salcombe Harbour Board                               13 July 2015

(h) Executive                                                      23 July 2015

(i)  Development Management Committee           29 July 2015

(j)  Audit Committee                                           30 July 2015

           A.11/15: Contract Procedure Rules

     RESOLVED

That the updated version of the Contract Procedure Rules has been reviewed and be adopted.

(k) Overview and Scrutiny Panel                        27 August 2015

(l) Development Management Committee 2 September 2015

           DM.27/15: Development Management: Public Participation Scheme

     RESOLVED

1.   That the Development Management Public Participation Scheme be amended to enable the opportunity for town and parish council representatives to speak on planning applications within their own town or parish provided that they abide by the same rules as applied for objectors and supporters;

2.     That the Site Inspection Protocol be amended to state that town and parish councils are able to attend site inspections but would no longer be invited to make presentations.  There would be an opportunity for one spokesperson representing the town or parish council to ask questions of clarity or to make specific points based on local knowledge to the Chairman; and

3.   That the Development Management Public Participation Scheme be amended so that linked applications presented to Committee are only allowed one time slot per speaker.

(m) Executive                                                     10 September 2015

   E.20/15: Invest to Save: Glass Banks at Torr Quarry

     RESOLVED

1.     That investment in a capital spend of a maximum of £28,000 to build three new glass storage bays at Torr Quarry in order to reduce resource requirement for glass collections/journeys across the district.  It was estimated that the investment would pay back within year one;

2.     That Immediate Implementation in order to maximise the income which can be derived from the Councils glass recyclate; and

3.     That the spend be taken from the capital programme contingency reserve.

     E.22/15: Joint Data Protection Policy

RESOLVED

1.       That the Joint Data Protection Policy (as attached at Appendix A of the presented agenda report to the Executive) and supporting Codes of Practice and documentation of the presented agenda report be approved; and

2.       That the Monitoring Officer be granted delegated authority to make minor amendments to the Codes of Practice and supporting policy documentation to reflect the emerging working practices of the Council.

(n) Overview and Scrutiny Panel  17 September 2015

O&S.42/15: Development Management Service Update

When questioned, the Head of Paid Service informed that the Council’s organisational structure chart was in the process of being finalised and would be made available to Members as soon as was practically possible.