Agenda and minutes

to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Council held on 10 December 2015

The minutes of the meeting of Council held on 10 December 2015 were confirmed as a correct record and signed by the Chairman.

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.  These were recorded as follows:-

Cllr L A H Ward declared a personal interest in Item 10: ‘Budget 2016/17’ (Minute 56/15 below refers) by virtue of being the Council’s representative on the South Hams Citizens’ Advice Bureau and remained in the meeting and took part in the debate and vote thereon.

Cllr M F Saltern declared a Disclosable Pecuniary Interest in Item 9(e): ‘Notices of Motion’ (Minute 55/15(e) 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.

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 in accordance with Council Procedure Rule 10.1:

(a)  By Cllrs Tucker and Wright

“That authority be delegated to a Member Working Group on behalf of the Council, to consider and submit a response to the Government’s technical consultation document on the future of the New Homes Bonus scheme. The Member Working Group is to consist of four Members, with appointments to be confirmed by Group Leaders.

The link to the consultation document is provided below:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/487095/151217_-_nhb_draft_condoc_published_version.pdf

(b)   By Cllrs Pennington and Tucker

“The proposed four year reduction in the Settlement Funding Assessment (SFA) is likely to undermine vital essential statutory services which are efficiently provided by South Hams District Council.  This is a view fully endorsed by our external auditors Grant Thornton in their Value for Money report 2014/15 in which they state:-

‘On the basis of our work and having regard to the guidance on the specified criteria published by the Audit Commission we were satisfied that in all significant respects the Council put in place proper arrangements to secure economy, efficiency and effectiveness in its use of resources for the year ending 31 March 2015.’

Therefore, in view of the Council’s economic delivery of services, we request the Secretary of State for Local Government to seek agreement with the Chancellor of the Exchequer to return the SFA at the 2016/17 level over the next four years and also consider improvements in line with any inflation.”

(c)  By Cllrs Green and Hodgson

“This Council hereby:

1.   defers consideration as to whether to create a Local Authority Company for at least a year to enable the changes that are being implemented under the T18 process to become effective;

2.   commits to carry out an impact assessment in conjunction with the business community to consider the effect which a large and highly competitive LACC would have on them and the wider local economy;

3.   agrees to focus more resources on investigating options for savings and income generation for the next 2 – 4 years;

4.   encourages West Devon Borough Council to consider extending its current waste contract for one year; and

5.   commits to carry out an assessment into the feasibility of the SHDC waste team taking on the West Devon Borough Council waste contract.”

(d)  By Cllrs Hodgson and Vint

“That the Overview and Scrutiny Panel be requested to invite a representative from the Local Enterprise Partnership (LEP) to come and speak to a future Panel meeting regarding their role in local enterprise and their involvement in the Devolution Bid.  This would provide an opportunity for greater understanding of who is involved in the Heart of The South West Partnership.”

(e) By Cllrs Hodgson and Horsburgh

“Given the concerns of many local residents in the South Hams, this Council will make its concerns known to the Secretary of State for Planning regarding the new Housing Bill.  This new legislation undermines local democracy and the provisions of localism in the planning process.  The  ...  view the full agenda text for item 55/15

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

(a)By Cllrs Tucker and Wright

“That authority be delegated to a Member Working Group on behalf of the Council, to consider and submit a response to the Government’s technical consultation document on the future of the New Homes Bonus scheme. The Member Working Group is to consist of four Members, with appointments to be confirmed by Group Leaders.”

In introducing the motion, the proposer highlighted the tight time constraints associated with responding to the consultation document before the prescribed deadline of 10 March 2016.

During the ensuing debate, some Members emphasised the seriousness of this consultation document and requested that the draft consultation response on the National Planning Policy Framework (Minute 59/15 below refers) should be both used as a template and read in conjunction with the response on this consultation document.

It was then:

RESOLVED

That authority be delegated to a Member Working Group on behalf of the Council, to consider and submit a response to the Government’s technical consultation document on the future of the New Homes Bonus scheme. The Member Working Group is to consist of four Members, with appointments to be confirmed by Group Leaders.

(b)By Cllrs Pennington and Tucker

“The proposed four year reduction in the Settlement Funding Assessment (SFA) is likely to undermine vital essential statutory services which are efficiently provided by South Hams District Council.  This is a view fully endorsed by our external auditors Grant Thornton in their Value for Money report 2014/15 in which they state:-

‘On the basis of our work and having regard to the guidance on the specified criteria published by the Audit Commission we were satisfied that in all significant respects the Council put in place proper arrangements to secure economy, efficiency and effectiveness in its use of resources for the year ending 31 March 2015.’

Therefore, in view of the Council’s economic delivery of services, we request the Secretary of State for Local Government to seek agreement with the Chancellor of the Exchequer to return the SFA at the 2016/17 level over the next four years and also consider improvements in line with any inflation.”

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

(a)the Council being a prudent and efficient local authority, which was a view echoed by Grant Thornton;

(b)his view that central government funding was being wrongly directed towards Foreign Aid.

In discussion, a number of Members endorsed the sentiments of the motion, but wished to distance themselves from the comments of the proposer in relation to Foreign Aid.

It was then:

RESOLVED

The proposed four year reduction in the Settlement Funding Assessment (SFA) is likely to undermine vital essential statutory services which are efficiently provided by South Hams District Council.  This is a view fully endorsed by our external auditors Grant Thornton in their Value for Money report 2014/15 in which they state:-

‘On the basis of our work and having regard  ...  view the full minutes text for item 55/15

to consider a report that presents the recommendations of the Executive on the proposals for the Council’s Budget for 2016/17

The Council considered a report that provided an update of the Council’s overall financial position and that detailed the formal recommendations of the Executive to achieve a balanced Budget (Minutes E.47/15 and E.58/15 also refer).          

The Leader of Council proceeded to introduce the agenda item and made specific reference to:-

(a)  the role of the District Council Network, Sparse and Local South

West MPs in actively lobbying to ensure that the Council had obtained additional grant funding from central government;

(b)  the draft Budget securing service delivery for the 2016/17 financial

year;

(c)  the budget surplus.  Members were informed that it was the recommendation of the Executive to transfer the budget surplus in 2016/17 of £767,995 into a Contingency Earmarked Reserve (as outlined in recommendation 7 of the presented agenda report).  Furthermore, decisions relating to how these monies would be specifically spent would be a matter for Members to consider in the future.

At this point, the 18 recommendations were PROPOSED and SECONDED and the Chairman subsequently invited any debate on each of them individually.  In so doing, the following points were raised:-

(i)  With regard to recommendation 1, the overwhelming majority of Members felt that, when considering the financial pressures being faced by the authority, the Council had no option other than to increase Council Tax for 2016/17 by £5.  A number of Members also emphasised their disappointment at the incredibly late notification that had been given to local authorities in respect of the final finance settlement;

In line with statutory requirements, a recorded vote was then undertaken on part 1 of the motion.  The voting on this part was recorded as follows:-

For the motion (28):    Cllrs Bastone, Blackler, Bramble, Brazil,                                                                Brown, Cuthbert, Foss, Gilbert, Green,

Hicks, Hitchins, Hodgson, Holway, Hopwood,   Horsburgh, May, Pearce, Pennington,              Pringle, Rowe, Saltern, Smerdon, Steer,                         Tucker, Vint, Ward, Wingate and Wright.

               Against the motion (1): Cllr Baldry.

               Abstentions (0):                               

               Absent (2):     Cllrs Cane and Hawkins.

               and the vote was therefore declared CARRIED.

(ii)               An amendment was duly PROPOSED and SECONDED as follows:-

“That the combined budget surplus identified in recommendation 7 (£767,995) and recommendation 15 (£777,402), which amounts to £1,545,397, be ringfenced for income based projects towards delivering in-house social affordable rental homes.”

A debate ensued on the amendment, during which the importance of affordable housing was reiterated.  In conclusion, a number of Members felt that the amendment as proposed was too restrictive.  As a further assurance that the Council remained committed to affordable housing delivery, the lead Executive Member for Business Development advised Members that officers were currently working on initiatives that would greatly support the intention of this amendment;

In line with statutory requirements, a recorded vote was then undertaken on the amendment.  The voting on this amendment was recorded as follows:-

For the motion (6):                     Cllrs Baldry, Brazil, Green, Hodgson, Horsburgh and Vint

Against the motion (23):              Cllrs Bastone, Blackler, Bramble, Brown, Cuthbert, Foss, Gilbert, Hicks, Hitchins, Holway, Hopwood, May, Pearce, Pennington, Pringle, Rowe, Saltern, Smerdon, Steer, Tucker,  ...  view the full minutes text for item 56/15

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

A report was considered 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.

In introducing this item, the Leader of Council made particular reference to:-

-  the process having commenced in August 2015 and numerous senior

officer and Member meetings having taken place since then to get to this point;

-  his hope that this process would help to improve working relations between the local authorities across Devon and Somerset;

-  the emphasis being given in the proposals to the marine industry, housing provision and upskilling.  Whilst he acknowledged that the proposal was currently high level and therefore lacking precise details, the Leader welcomed reference in the proposals to these matters; and

-  his view that it was important to be a partner authority in this process rather than an outsider. 

During discussion, the following points were raised:-

(a)                    Some Members expressed their concerns over the proposals for reasons including:

-                         the similarities between the aspirations of the Bid and those of the Heart of the South West Local Enterprise Partnership (LEP) and a sense that the LEP was driving the devolution agenda;

-                         a lack of reference to what benefits the proposals would add;

-                         the lack of public awareness and consultation over the proposals;

-                         the potential loss of democracy being regrettable; and

-                         the importance of a Strategic Environmental Impact Assessment being undertaken.

In light of these concerns, an amendment was PROPOSED and SECONDED whereby recommendation 3 should be deleted.  The proposer informed that the purpose of this amendment was to ensure that, in the event of any changes, a consultation exercise would need to be undertaken.

In reply, other Members commented that there was no duty to consult in this regard and therefore questioned the need for this amendment. 

When put to the vote, the amendment was declared LOST.

(b)                    The importance of the Council remaining a partner and having a degree of influence in the process was reiterated and recognised by a number of Members.

                    It was then:

RESOLVED

1.                      That the Leader’s current approach to devolution and the drafting of proposals, their submission and negotiation of a deal for the Heart of the South West be endorsed namely:

-                         working with local authorities, National Parks and the Heart of the South West Local Enterprise Partnership to deliver full proposals for Devolution which will seek a formal agreement with Government on a formal devolution deal (as set out in Appendix 1 of the presented agenda report);

2.                      That the final devolution proposal be approved; and

3.                      That, should the government timescales change, or minor amendments become necessary, authority be delegated to the Head of Paid Service in consultation with the Leader of Council to approve the final proposal.

to consider a report that presents the recommendations of the Independent Panel on Members Allowances

A report was considered that presented the recommendations of the Independent Panel on Members’ Allowances.

In discussion, reference was made to:-

(a)             the Panel recommendations.  A number of Members expressed their support for the Panel recommendations, which were felt to recognise the additional workload being undertaken by the now 31 Member Council;

(b)             the demographic profile of Members.  It was hoped that the Panel’s recommendations would help to encourage a wider range of prospective candidates to consider standing for Council.

   It was then:

RESOLVED

That the recommendations of the Independent Panel on Members’ Allowances (as outlined at Appendix A of the presented agenda report) be agreed and that the revised Scheme of Members Allowances (as shown at Appendix C of the presented agenda report) be adopted with immediate effect, with any consequent increases in Allowances backdated to 11 May 2015. 

– to consider a report that presents a draft consultation response to the proposed changes to the National Planning Policy Framework

A report was considered that sought agreement to the submission of the draft consultation response on the proposed changes to the National Planning Policy Framework (NPPF).

In discussion, reference was made to:-

(a)  the content of the draft response.  In commending the robustness of the draft response, several Members recognised the importance of this document and wished to congratulate the officers for producing an excellent piece of work;

(b)  an addition to the proposed recommendation.  In light of the importance of the issue, the proposer and seconder of the motion were willing to accept an additional recommendation as below:

‘That a copy of the response also be circulated to the Local Government Association and SPARSE.’

Furthermore, Members were assured that each of the local authorities across Devon were intending to respond to this consultation exercise along similar lines.

                        It was then:

RESOLVED

1.                That the draft consultation response to the Department for Communities & Local Government (as set out at Appendix 1 of the presented agenda report) be agreed; and

2.                That authority be delegated to the Lead Specialist – Place and Strategy, in consultation with the lead Executive Member, to agree any minor modifications to the final submission; and

3.                That a copy of the response also be circulated to the Local Government Association and SPARSE.

to consider a report that seeks approval to adopt the Senior Pay Policy Statement for 2016/17

A report was considered that sought approval of the adoption of the Senior Pay Policy Statement for 2016/17.

Having been suggested, officers agreed to include in future Pay Policy reports comparative figures with the previous year.

               It was then:

RESOLVED

That the Pay Policy Statement for 2016/17 (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.

RESOLVED

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

(a)  Executive 10 December 2015

E.46/15: Revenue Budget Monitoring 2015/16

RESOLVED

1.  That £50,000 be used from the Strategic Issues Reserve, £150,000 from the Planning Policy and Major Developments Reserve and £55,000 from the T18 Investment Reserve to fund:

-     the T18 transition costs of £125,000 (Note J of the agenda report presented to the Executive refers);

-     the vacancy provision of £100,000 which has not been met (Note J of the agenda report presented to the Executive refers);

-     the planning legal fees of £30,000 (Note R of the agenda report presented to the Executive refers);

2.  That the uncommitted balance of £50,000 from the Print Room Equipment Reserve be released back to the General Fund (Unearmarked) Reserves; and

3.  That £25,000 be transferred into an Earmarked Reserve for Homelessness Prevention (as per Note F of the agenda report presented to the Executive).

E.50/15: T18 Budget Monitoring Report – Quarter 2 2015/16

RESOLVED

That the postponement (to 2016) of the round reviews and the waste review changes be funded by using £100,000 of the Business Rates Earmarked Reserve and £75,000 of the Strategic Issues Earmarked Reserve.

E.54/15: Reports of Bodies

(a)                          Overview and Scrutiny Panel – 19 November 2015

(i)                     O&S.51/15 Review of Fees and Charges

RESOLVED

1.  That the proposed fees and charges (as set out in the agenda report and appendices presented to the Panel) be approved as part of the 2016/17 Budget Setting process, subject to the shower charges being increased from 20p to £1;

2.  That delegated authority be given to the Community Of Practice Lead for Environmental Health, in consultation with the lead Executive Member, to modify the charges of Food Export Certificates, once the outcome of the current review is known; and

3.  That delegated authority be given to the Group Manager for Commercial Services, in consultation with the lead Executive Member, to set the Commercial Waste charges, once all the price modelling factors are known.

(b)   Development Management Committee  16 December 2015

(c)   Audit Committee  7 January 2016

A.26/15: Certification Work for South Hams District

Council for Year Ended 31 March 2015

The lead Executive Member for Support Services wished to reiterate the views of the Committee whereby the Housing Benefit team should be thanked and congratulated for their hard work and commitment to the Council.

(d)       Overview and Scrutiny Panel  14 January 2016

(e)       Development Management Committee  20 January 2016

(f)        Executive  4 February 2016

  E.59/15: Capital Budget Proposals for 2016/17                                               

RESOLVED

1. That the views of the Overview and Scrutiny Panel on the Capital Budget Proposals be endorsed, namely that an Options Appraisal is required with Member involvement for the Follaton House boilers (paragraph 3.1.2 of the presented agenda report refers) and that any allocation of Locality vehicles (paragraph 3.2 of the presented agenda report refers) be determined after the March 2016 Overview and Scrutiny Panel review  ...  view the full minutes text for item 61/15