Agenda and minutes

40/15             

In light of the Council receiving the Gold Award for ‘Delivering through Efficiency’ and the Silver Award for ‘Council of the Year’ at the national iESE Awards earlier this year, the Chairman invited Dr Andrew Larner (Chief Executive of iESE) to step forward and formally present these Awards.

In so doing, Dr Larner paid tribute to the Council in achieving these awards and felt that the Council was a credit to the whole public sector.  Dr Larner concluded by urging the Council to consider re-submitting again for ‘Council of the Year’ next year.

41/15             

The Chairman informed that he had been made aware that Cllr Cane had recently been taken ill.  On behalf of the Council, the Chairman asked that his best wishes be sent on to Cllr and Mrs Cane.

to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Council held on 8 October 2015 and the Special Council meeting held on 5 November 2015

42/15             

The minutes of the meeting of Council held on 8 October 2015 and the Special Council meeting held on 5 November 2015 were confirmed as a correct record and signed by the Chairman.

In exercising his discretion, the Chairman permitted a Member to raise a point on the Syrian Refugee Crisis.  In so doing, officers and Members gave reassurances that the Council remained totally committed to fulfilling its responsibilities to accommodate refugees.  However, since Devon County Council was still awaiting guidance from central government, the Council was currently unable to make any more progress in fulfilling these responsibilities at this time.

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’);

43/15 

The Chairman advised that he had agreed for one urgent item to be raised at this meeting.  This item related to a report entitled: ‘Our Plan: South Hams Local Plan Arrangements’ and was considered urgent in light of the associated time constraints.

The Chairman confirmed that it was his intention for this report to be considered under agenda item 7: ‘Business Brought Forward by the Chairman’ (Minute 46/15(a) below refers).

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;

44/15 

Members were invited to declare any interests in the items of business to be considered during the course of the meeting.  These were recorded as follows:-

Cllr M F Saltern declared a Disclosable Pecuniary Interest in Item 9(a): ‘Notices of Motion’ (Minute 48/15(a) below refers) by virtue of being a non-Executive Director of Devon and Cornwall Housing and left the meeting during consideration of this particular motion.

45/15             

The Chairman highlighted that he had already attended a number of town and parish council meetings and he would continue this practice in the New Year for any councils who had invited him to attend their meetings.

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

46/15             

(a)    Our Plan: South Hams Local Plan Arrangements

As previously highlighted (minute 43/15 above refers), an urgent report was considered that sought in principle agreement to the establishment of a joint Local Plan within the Housing Market Area.

In discussion, reference was made to:-

(i)      the Council still retaining its own Local Plan.  Since the proposals were for an overarching Joint Local Plan, assurances were given that the Council would still retain its own Local Plan;

(ii)     making progress.  The need to make swift progress in this regard was recognised by Members.  In terms of approving the Collaboration Agreement, it was hoped that this would be agreed by each of the four partner authorities within the next month or so;

(iii)   the ability to share costs and resources.  In the event of the recommendation being approved, it was recognised that this would result in costs and resources being shared across the four partner authorities.  In addition, the end result would be only requiring one Examination in Public by one Inspector.  In response, a Member stated that she did not support the proposals and made reference to officer time increasing through having to draft the Collaboration Agreement.  As a consequence, the Member felt that the Council should continue with its existing working arrangements;

(iv)   the composition of the Strategic Planning Working Group.  In reply to concerns expressed, the Leader confirmed that, in the upcoming months, some alternative governance proposals would come forward.  With regard to the previously established Plymouth Urban Fringe Working Group, it was noted that Plymouth City Council had disbanded this Group, as it wished to focus on its own boundaries rather than the hinterlands;

(v)    the Local Development Scheme (LDS).  It was noted that officers had continued to liaise with the Planning Inspectorate in respect of how the Council was intending to bring forward the LDS.  If the proposed direction of travel was supported by each of the partner authorities, then officers would inform the Planning Inspectorate of how it was intended to align the LDS.

It was then:

RESOLVED

1.       That the principle of a Joint Local Plan within the Housing Market Area be agreed subject to appropriate arrangements being put in place with neighbouring planning authorities;

2.       That a detailed Collaboration Agreement establishing the operation of the Joint Local Plan be developed with neighbouring planning authorities (and any other relevant organisations); and

3.       That the Collaboration Agreement include, but not necessarily be limited to, the following matters:-

-      Strategic Context;

-      Objectives and Priorities;

-      Joint Spatial Framework;

-      Governance and working arrangements;

-      Local Development Scheme and timescales;

-      Evidence;

-      Infrastructure;

-      Policies;

-      Allocations;

-      Engagement and Consultation;

-      Resources and Staffing;

-      Examination;

-      Assessments; and

-      Monitoring and Review;

4.          That a further report be submitted to Council setting out the detailed policy and allocation proposals that are to be subject to consultation, consideration and submission within the Joint Local Plan element of Our Plan: South Hams; and

5.          That  ...  view the full minutes text for item 46/15

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

(a)    From Cllr Hodgson to Cllr Hicks, lead Executive Member for Business Development and the Local Plan

‘Given the importance of Neighbourhood Plans to Our Plan: South Hams and the likely impact on many of them and the extended timescale that Our Plan is experiencing, can we make an additional £5,000 available to Neighbourhood Plans that are currently underway?’

47/15              

It was noted that one question had been received in accordance with Council Procedure Rule 8.

From Cllr Hodgson to Cllr Hicks, lead Executive Member for Business Development and the Local Plan

(a)   ‘Given the importance of Neighbourhood Plans to Our Plan: South Hams and the likely impact on many of them and the extended timescale that Our Plan is experiencing, can we make an additional £5,000 to Neighbourhood Plans that are currently underway?’

In response, Cllr Hicks informed that Neighbourhood Plans were recognised by the Council as an important and, indeed, an integral part of the Development Plan process.

In order to support their delivery, the Government had made funding available to both Neighbourhood Plan (NP) groups and Local Planning Authorities.  The Council was using its allocation to provide support in a number of ways, including the provision of advice, the services of individual specialists and, recently, the appointment of a Case Manager with specific responsibility to support NP groups.

Whilst the Council was committed to supporting as actively as possible the work of these Groups, a blanket payment of £5,000 to each of them would not be justified, proportionate or affordable.

However, the Council would be happy to have exploratory talks with the South Hams Neighbourhood Plan Network to determine whether there could be additional support for the Network itself.

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 Government’s 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 Pennington and Hodgson

‘A review of the Freedom of Information Act 2005 is currently being undertaken under the Chairmanship of Lord Bridges.  South Hams District Council consider that, in the important interests of local democracy, there will not be any charges or fees levied on applicants, as this would deter the use of the Act.  Additionally, there must not be any increase in exemptions, as it would countermand the wise words of the then Lord Chancellor Lord Falconer in 2005 who described the Act as “a constitutional change of great significance, a radical and permanent change in the relationship between the citizen and government.”’

(c)    By Cllrs Pennington and Hodgson

‘South Hams District Council expects all statutory consultees for planning applications involving the construction of dwellings and all planning applications for industrial and commercial developments to provide written reports to be made available to all Councillors and members of the public if requested to conform with the Freedom of Information Act 2005 and the Access to Information Act 2000 in the name of local democracy.  The practice of any reliance on verbal reports only should be discontinued.  Similarly, all of the above requirements must be observed for licensing applications submitted to South Hams District Council Licensing Committee.’

(d)    By Cllrs Hodgson and Green

‘This Council will endeavour (through the LGA) to seek new legislation at National Government to enable significant increases in Council Tax for Second Homes and Holiday Homes.’

(e)    By Cllrs Hodgson and Green

‘This Council will continue to support the need for social and affordable housing and consider direct purchase of housing as part of its investment strategy.’

(f)     By Cllrs Vint and Green

‘This Council will, in order to protect small business and vulnerable residents, seek to identify where flat-rate charges for key services can be replaced by fees that correspond with ability to pay, prior to approval of the 2016/17 Budget:

(i)      by linking charges for key business services, where appropriate, to business rates or floor area; and

(ii)     by linking charges for key services for residents, where appropriate, to Council Tax bands.’

48/15             

It was noted that six 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 introducing the motion, the proposer made particular reference to:-

-      the extreme disparities between average house prices and average income in the South Hams;

-      the government announcement affecting all rental markets, including affordable housing;

-      the proposals leading to inevitable cashflow problems for Housing Associations.  As a guide, it had been estimated that 14,000 less homes would be developed due to changes in the rent formula;

-      these proposals also causing Housing Associations to revise their viability assessment figures.  In addition, the Council had received correspondence from the DCLG that was urging local authorities to consequently accept lower viability figures from developers.  The proposer emphasised that such action was in complete contradiction to the Council’s Corporate Priority of housing.

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

(i)  The seconder echoed the comments of the proposer and was of the view that 14,000 fewer homes was a conservative prediction and estimated that between 25-27,000 less homes would be built;

(ii)Whilst expressing support for the sentiments of the motion, a Member felt that there was a need for a review to be undertaken into the effectiveness of Housing Associations.  Furthermore, the Member asked that the Council did not confuse viability with the ability of Housing Associations to pay their mortgages.

It was then:

RESOLVED

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 Pennington and Hodgson

“A review of the Freedom of Information Act 2005 is currently being undertaken under the Chairmanship of Lord Bridges.  South Hams District Council consider that, in the important interests of local democracy, there will not be any charges or fees levied on applicants, as this would deter the use of the Act.  Additionally, there must not be any increase in exemptions, as it would countermand the wise words of the then Lord Chancellor Lord Falconer in 2005 who described the Act as “a constitutional change of great significance, a radical and permanent change in the relationship between the citizen and government.”

In introducing his motion, the proposer emphasised that it was an apolitical issue and the Freedom of Information (FOI) Act had proven to be  ...  view the full minutes text for item 48/15

to consider a report that seeks to endorse the current approach to devolution and the drafting of proposals, their submission and negotiation of a deal for the Heart of the South West;

49/15             

The Council considered a report that sought to endorse the current approach to Devolution and the drafting of proposals, their submission and negotiation of a deal for the Heart of the South West.

At this point, the Chairman invited the Leader of Council to provide an update to the meeting.  In so doing, he advised that he was proposing a motion whereby this agenda item be deferred until a Special Council meeting early in the New Year.  To justify this proposal, the Leader informed that the proposed submission was in the process of being re-drafted and was likely to be amended to such an extent that it would only be appropriate to seek a deferral at this meeting.

In discussion, reference was made to:-

(a)    the initial change in meeting date.  A Member expressed his disappointment that this Council meeting had been brought forward by a week to accommodate this agenda item only for it now to be recommended that this matter be deferred;

(b)    the proposal being a high level strategic bid.  Due to its strategic nature and the tight timescales involved, it was not deemed appropriate for a public consultation exercise to be undertaken on the draft proposals.  In addition, the intention of the proposal was to set out the base negotiating position;

(c)    the revised draft.  Assurances were given to Members that the revised draft would be circulated to them as soon as it had been received.

It was then:

RESOLVED

That the agenda item be deferred until a Special Council meeting in the New Year.

to consider a report that seeks to adopt the Corporate Enforcement Policy;

50/15             

Consideration was given to a report that sought to adopt the draft Corporate Enforcement Policy.

In the ensuing discussion, Members welcomed the draft Policy, but did express the view that a plain English guide that supplemented the Policy should be developed by the Communications Team.

It was then:

RESOLVED

That the Corporate Enforcement Policy (as attached at Appendix A of the presented agenda report) be adopted.

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

* Indicates minutes containing recommendations to Council.

51/15

RESOLVED

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

(a) Development Management Committee           23 September 2015

(b) Audit Committee         24 September 2015

(c) Salcombe Harbour Board        28 September 2015

           SH.15/15: Proposed Budget for 2016/17

     RESOLVED

That the proposed 2016/17 budget (as set out within the agenda report presented to the Board) be approved, subject to agreement of the fees and charges, to enable a balanced budget.

SH.16/15: Fees and Charges 2016/17

RESOLVED

1.     That the changes to the Charging Policy (as set out in paragraph 3 of the presented agenda report to the Board) be approved; and

2.     That the proposed fees and charges (as presented in the Appendix to the published Board minutes) be approved for implementation from 1 April 2016.

(d) Executive        15 October 2015

E.31/15: Our Plan Update

For clarity, Members were reminded that these recommendations were approved at the Special Council meeting held on 5 November 2015.

           E.32/15: Business Development – Asset Management Strategy    

RESOLVED

That the updated Asset Management Strategy (as detailed in Appendix 1 of the agenda report presented to the Executive meeting) be approved.

E.34/15: Council Tax Reduction Scheme    

RESOLVED

1.     That the existing Council Tax Reduction Scheme be continued with for 2016/17 whereby:-

 -   80% maximum liability restriction be applied meaning that working age claimants pay a minimum of 20% towards their Council Tax bill;

-   a property valuation Band D restriction be applied meaning that working age claimants living in larger properties do not receive greater levels of support than those living in small properties; and

 -   an exceptional hardship fund be retained to help those claimants experiencing severe financial difficulties; and

2.     That authority be delegated to the Finance Community Of Practice Lead (Section 151 Officer), in consultation with the Lead Executive Member for Support Services, to make amendments to the policy document to take account of any further changes in law, government guidance or policy that required urgent amendment.

E.36/15: Capital Programme Monitoring Report    

RESOLVED

1.       That £153,000 of the Capital Programme contingency budget of £300,000 be approved to be allocated to the capital projects as set out in Appendix A of the agenda report presented to the Executive; and

2.       That the capital budget for the purchase of a recycling depot be withdrawn from the Capital Programme as outlined in Appendix A of the agenda report presented to the Executive.

           E.38/15: Operational Amendments to Off-Street Parking Order    

RESOLVED

1.   That the provision of the new reserved bays at Mayor’s Avenue Car Park, Dartmouth be added to the South Hams Off-Street Parking Places Order;

2.   That the provision of reserved bays for leisure centre customers at Dartmouth Park & Ride site be added to the South Hams Off-Street Parking Places Order; and

3.  That the provision of parking on the fish quay area on Dartmouth South Embankment to generate a revenue towards the maintenance of the structure be added to the South Hams Off-Street Parking Places Order.

E.40/15:  ...  view the full minutes text for item 51/15