Agenda and minutes

West Devon Council - Tuesday, 23rd May, 2017 11.00 am

Venue: Chamber - Kilworthy Park. View directions

Contact: Email: Member.Services@swdevon.gov.uk 

Items
No. Item

CM 1

Minute's Silence

Minutes:

CM 1                                                       

                    Prior to consideration of the formal agenda items at this meeting, the Mayor called on everyone in attendance to observe a minute’s silence in remembrance of those who had lost their lives in the terrorist attack at Manchester Arena on the evening of Monday, 22 May 2017. 

 

 

CM 2

Mayor's Announcement

Minutes:

CM 2                                                       

Having received a request from other Members, the Mayor confirmed that he would exercise his discretion to invoke Council Procedure Rule 19 whereby a paper ballot would take place for each of the following appointments for 2017/18:

 

-          The Mayor;

-          The Vice-Chairman of the Development Management and Licensing Committee; and

-          The Chairman of the Overview and Scrutiny Committee.

 

CM 3

To elect The Mayor of the Borough for the ensuing year

Minutes:

CM 3                                                       

Cllr J Sheldon moved the appointment of Cllr J B Moody as Mayor for the ensuing year and Cllr R F D Sampson subsequently seconded the motion.

 

No other nominations were received and upon the motion being submitted to the meeting, it was declared (by virtue of a paper ballot) to be CARRIED and “RESOLVED that Cllr J B Moody be appointed Mayor for the ensuing year”.

 

The retiring Mayor and newly elected Mayor left the Council Chamber so that Cllr J B Moody could be invested with the civic regalia.  The retiring Mayor also invested Mrs Moody with the Mayoress’s Badge of Office.

 

Upon returning to the Council Chamber, the newly elected Mayor, Cllr J B Moody, made the Declaration of Acceptance of Office, signed the Register and addressed the Council.

 

Cllr J B Moody then chaired the rest of the meeting.

 

Cllr R Cheadle proposed a vote of thanks to the retiring Mayor.  The proposition was seconded by Cllr P R Sanders.

 

Cllr J B Moody then invested Cllr J Sheldon and Mrs Sheldon with the Past Mayor’s and his Consort’s Medallions.

 

The retiring Mayor, Cllr J Sheldon proceeded to address the meeting.

 

 

CM 4

To elect The Deputy Mayor for the ensuing year

Minutes:

CM 4                                                       

The Mayor called for nominations for the position of Deputy Mayor.

                                                               

One nomination was received as follows:

 

Cllr M Davies               proposed:        Cllr C R Musgrave                                                                               seconded:       Cllr K Ball

 

There being no other nominations, it was declared to be CARRIED and “RESOLVED that Cllr M Davies be appointed as Deputy Mayor for the ensuing year”.

 

The Deputy Mayor then made the Declaration of Acceptance of Office and signed the register and the Mayor invested Cllr M Davies with the Deputy Mayor’s Insignia. 

 

Cllr M Davies then addressed the Council.

 

CM 5

Apologies for absence

Minutes:

CM 5                                                       

An apology for absence was received from Cllrs R E Baldwin, D W Cloke, P Kimber, B Lamb and B Stephens.

 

CM 6

Declarations of Interest

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.

 

            If Councillors have any questions relating to predetermination, bias or interests in items on this Summons, then please contact the Monitoring Officer in advance of the meeting.

 

Minutes:

CM 6                                                       

The Mayor invited Members to declare any interests in the items of business to be considered during the course of the meeting, but there were none made.

 

CM 7

To approve and adopt as a correct record the Minutes of the Meetings of the Council held on 11 April 2017 pdf icon PDF 54 KB

Minutes:

CM 7                                                       

It was moved by Cllr P R Sanders, seconded by Cllr L Samuel and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Council agree the Minutes of the 11 April 2017 meeting as a true record”                                                                 

 

 

CM 8

To approve and then formally sign the Council's Constitution pdf icon PDF 27 KB

A copy of the Constitution can be found at www.westdevon.gov.uk/constitution

 

(NOTE. Following the request made at the Council meeting on 11 April 2017, updated Overview and Scrutiny Terms of Reference and Procedure Rules are attached)

Additional documents:

Minutes:

CM 8                                                       

It was moved by Cllr R F D Sampson, seconded by Cllr P R Sanders and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the amendments to the Council Constitution (as summarised in Paragraph 2 of the report presented to the Audit Committee at its meeting on 21 March 2017 and fully outlined on the Council website) be approved and adopted, subject to:

 

1.      the limit of asset disposals and acquisitions that are delegated to the Assets COP Lead, in consultation with the Leader of the Council, the lead Hub Committee Member for Assets and the Section 151 Officer being increased from £50,000 to £150,000, with any acquisitions and disposals above these limits being referred to the Hub Committee for approval; and

 

2.      the suggested amendments to the Overview and Scrutiny Terms of Reference and Procedure Rules (pages 9 to 20 of the published Summons refer) being referred to the Overview and Scrutiny and Hub Committees for further consideration.”

 

The Mayor then signed the bound copy of the Constitution for 2017/2018.

 

 

CM 9

To consider motions of which notice has been duly submitted by Members in accordance with Council Procedure Rule 15:

Motion received from Cllr M Davies:

 

           That the Borough Council instigates a Community Governance Review commencing June/July 2017.  Whilst the main purpose of this Review will be to consult on a proposal to increase the size of the Okehampton Hamlets Parish Council by two additional parish councillors, the responsibility for determining and publishing the final terms of reference for this Review will be delegated to the Senior Specialist – Democratic Services, in consultation with the Leader of Council, the Leader of the Independent Group and the local Ward Members.”

 

Minutes:

CM 9                                                       

It was moved by Cllr M Davies and seconded by Cllr K Ball that:

 

   “The Borough Council instigates a Community Governance Review commencing June/July 2017.  Whilst the main purpose of this Review will be to consult on a proposal to increase the size of the Okehampton Hamlets Parish Council by two additional parish councillors, the responsibility for determining and publishing the final terms of reference for this Review will be delegated to the Senior Specialist – Democratic Services, in consultation with the Leader of Council, the Leader of the Independent Group and the local Ward Members.”

 

In presenting his motion, the proposer made specific reference to:-

 

-        the Parish Council having consisted of 8 Members for over 100 years.  During this time, it was noted that the population of the parish had more than doubled and further major development was also planned;

-        there being plenty of interest amongst the local population to serve on the Parish Council; and

-        the geographical size of the parish.  The proposer also highlighted the sheer size of the parish and informed that it covered over 15 square miles.

 

When put to the vote, the motion was declared CARRIED.

 

 

 

CM 10

To receive the Minutes of the following Committees, to note the delegated decisions and to consider the adoption of those Minutes which require approval: pdf icon PDF 45 KB

(i)        Overview and Scrutiny (External) Committee

                        Meeting held on 21 March 2017

 

            (ii)        Overview and Scrutiny (Internal) Committee

                        Meeting held on 18 April 2017

 

(iii)       Planning and Licensing Committee

            Meeting held on 24 April 2017

 

(iv)       Hub Committee

                        Meeting held on 16 May 2017                                   

 

Additional documents:

Minutes:

CM 10         

a.          Overview and Scrutiny (External) Committee – 21 March 2017

It was moved by Cllr D K A Sellis, seconded by Cllr A Roberts and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 21 March 2017 meeting be received and noted”.

 

b.     Overview and Scrutiny (Internal) Committee – 18 April 2017

It was moved by Cllr C R Musgrave, seconded by Cllr J Yelland and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 18 April 2017 meeting be received and noted”.

 

c.     Planning and Licensing Committee – 24 April 2017

It was moved by Cllr P R Sanders, seconded by Cllr G Parker and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 24 April 2017 meeting be received and noted”.

 

d.     Hub Committee – 16 May 2017

It was moved by Cllr P R Sanders, seconded by Cllr L Samuel and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 16 May 2017 meeting be received and noted, with the exception of Unstarred Minutes HC 77 and HC 78”.

 

In respect of the Unstarred Minutes:

 

i.        HC 77 – Using the Cornwall and West Devon Mining Landscape World Heritage Site Supplementary Planning Document in Decision-Making

It was moved by Cllr P R Sanders, seconded by Cllr L Samuel and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that:-

 

(i)      the Cornwall and West Devon Mining Landscape World Heritage Site Supplementary Planning document be adopted as a guidance document in planning decision making;

 

(ii)     the approach of including clarification on and further detail to Policies SPT11; TTV20; DEV21 and DEV23 of the emerging Joint Local Plan in the Thriving Towns and Villages Supplementary Planning Document be agreed; and

 

(iii)   a review of the Tavistock Conservation Area Management Plan be agreed with the specific purpose of incorporating a World Heritage Site element into that document.”

 

ii.        HC 78 – 100% Business Rates Retention Consultation Response

It was moved by Cllr P R Sanders, seconded by Cllr L Samuel and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Council agree ‘in principle’ to apply to DCLG to become a business rates pilot for 2018/19, in alliance with the County Council, subject to the financial modelling being undertaken by Local Government Futures (on behalf of the Devon S151 Officers Group) demonstrating that there is no financial detriment to Authorities in doing so.”

 

 

CM 11

To appoint a Leader and Deputy Leader of the Council for the ensuing year

Minutes:

CM 11

 

a.         Leader

It was moved by Cllr G Parker, seconded by Cllr A Roberts and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that Cllr P R Sanders be appointed Leader of the Council for the ensuing year.”

 

b.         Deputy Leader

It was moved by Cllr K Ball, seconded by Cllr J R McInnes and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that Cllr L Samuel be appointed Deputy Leader of the Council for the ensuing year.”

 

 

CM 12

To report on the composition of political groups

To follow

Minutes:

CM 12         

Members noted the schedule of officially appointed political groups as follows:

 

-        21 Conservative Group Members; and

-        10 Independent Group Members.

 

CM 13

To approve the Committee Structure for the coming year:

Audit                                                 7 Members

Hub                                                  9 Members (membership to include Leader and   Deputy Leader)

Overview & Scrutiny                       15 Members

DM & Licensing                               10 Members + Named Substitutes

Standards                                        9 Members

                                                             

with all of the Borough Council Member appointments to the above Committees being politically balanced and with each Member being nominated to serve on only one of the Audit Committee; Hub Committee or Overview and Scrutiny Committee.

 

Minutes:

CM 13

It was moved by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon the motion being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Committee structure be as follows for the coming year:

 

Audit                                                                7 Members;

Hub                                                                 9 Members;

Overview & Scrutiny                                        15 Members;

Development Management & Licensing         10 Members; and

Standards                                                        5 Members

                       

with all of the appointments to the above Committees being politically balanced”.

 

CM 14

To receive the appointments from the Political Groups of the Members they have selected to serve on the Committees. To appoint (if any) the requisite number of Members from the Members of the Council who, at the date of this meeting, are not members of a Political Group.

To follow

Minutes:

CM 14            

A list of appointments made to the Committees by the two political groups for the ensuing year had been circulated and were duly approved.  The Leaders of the two political groups were named as:

 

            Conservative                                       Cllr P R Sanders

(Deputy: Cllr L Samuel)

            Independent                                        Cllr R F D Sampson

(Deputy: Cllr W G Cann OBE)

 

 

CM 15

To appoint the Chairman and Vice-Chairman to the Committees of the Council

To follow

Minutes:

CM 15            

 

(i)      Development Management and Licensing Committee: Vice-Chairman

Two nominations were put forward to the role of Vice-Chairman of the Development Management and Licensing Committee as follows:

 

o    Cllr T G Pearce; and

o    Cllr A Roberts.

 

In accordance with Council Procedure Rule 19, the result of the ballot was declared that Cllr A Roberts be appointed as the Vice-Chairman of the Development Management and Licensing Committee for the ensuing year.

 

(ii)   Overview and Scrutiny Committee: Chairman

Two nominations were put forward to the role of Chairman of the Overview and Scrutiny Committee as follows:

 

o    Cllr R Cheadle; and

o    Cllr J Yelland.

 

In accordance with Council Procedure Rule 19, the result of the ballot was declared that Cllr J Yelland be appointed as the Chairman of the Overview and Scrutiny Committee for the ensuing year.

 

The remaining appointments were then proposed by Cllr P R Sanders and seconded by Cllr R F D Sampson and when put to the vote were declared to be CARRIED:

 

Audit Committee:                                Cllr M Davies (Chairman);

Cllr K Ball (Vice Chairman)

Hub Committee:                                  Cllr P R Sanders (Chairman);

Cllr L Samuel (Vice Chairman);

Overview & Scrutiny Committee:        Cllr R Cheadle (Vice-Chairman);

Development Management &

Licensing Committee:                         Cllr P R Sanders (Chairman);

Standards Committee:            Cllr A F Leech (Chairman); and

Cllr J Sheldon (Vice Chairman).

                       

 

CM 16

To appoint representatives to the list of Outside Bodies for the ensuing year.

To follow

Minutes:

CM 16            

Members considered a report that presented the Group Leader’s nominations to fill the vacancies on the list of Outside Bodies.

 

It was then proposed by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon being submitted to the Meeting was declared to be CARRIED and RESOLVED that:

 

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

 

2.       Appropriate representatives be appointed as this Council’s appointments to those Bodies for the 2017/18 Municipal Year and that   for the purposes of Members’ Allowances, attendance at meetings of these Bodies be regarded as an approved duty; and

 

3.       Members appointed to Outside Bodies provide regular feedback and consultation on issues affecting the Bodies concerned”.

 

 

CM 17

To appoint representatives to the list of Other Groups for the ensuing year.

To follow

 

 

 

 

 

 

PLEASE NOTE: A Procedural Note will be published and circulated prior to Council’s Annual Meeting and this will include information to enable full consideration of this agenda.  

 

PART TWO – ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PUBLIC AND PRESS ON THE GROUNDS THAT EXEMPT INFORMATION MAY BE DISCLOSED (if any).

 

If any, Council is recommended to pass the following resolution:

 

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting on the grounds that exempt information may be disclosed as defined in Part I of Schedule 12(A) to the Act.”

 

Dated this 15th day of May 2017

 

 

Steve Jorden

Head of Paid Service

 

 

 

Minutes:

CM 17         

It was proposed by Cllr P R Sanders, seconded by Cllr R F D Sampson and upon being submitted to the Meeting was declared to be CARRIED and ”RESOLVED that the appointments as presented to the meeting be endorsed for the ensuing year”.

 

 

CM 18

Dartmoor National Park Authority

Minutes:

CM 18                                                     

It was noted that the two Council representatives appointed to the Dartmoor National Park were:-

 

Cllr W G Cann OBE (Independent)

Cllr D E Moyse (Conservative)

 

(NOTE: These appointments formed part of the Political Balance Table.)