Agenda and minutes

South Hams Council
Thursday, 13th February, 2020 2.00 pm

Venue: Council Chamber - Follaton House. View directions

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

Items
No. Item

66/19

Minutes pdf icon PDF 136 KB

to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Council held on 19 December 2019;

Minutes:

66/19  

The minutes of the meeting of Council held on 19 December 2019 were confirmed as a correct record and signed by the Chairman.

 

67/19

Urgent Business

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’);

Minutes:

67/19              

The Chairman informed that she had agreed that one item of urgent business could be considered at this meeting that related to the need for the Council to appoint a new Returning Officer and Electoral Registration Officer and it was her intention for this matter to be considered at agenda item 6: ‘Business Brought Forward by the Chairman’ (Minute 70/19(a) below refers).

 

68/19

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;

Minutes:

68/19 

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.

 

69/19

Chairman's Announcement

Minutes:

69/19  

The Chairman advised that a list of her engagements that she had attended during the last quarter had been circulated to all Members outside of this meeting.

 

The Chairman also reminded Members that this was to be the last Council meeting before the Chief Executive left the employ of the Council.  On behalf of the Council, both the Chairman and Leader of the Council paid tribute to the service provided by the Chief Executive and proceeded to wish her well for the future. 

 

In reply, the Chief Executive thanked the Chairman and Leader for their kind words and stated that the achievements that had been made by the Council were largely due to the foresight of Members and the ability of the Council’s excellent workforce.

 

 

70/19

Business Brought Forward by the Chairman

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

Minutes:

70/19              

 

(a)      Returning Officer and Electoral Registration Officer

 

In light of the imminent departure of the Chief Executive, the Council recognised that it was necessary to appoint a new Returning Officer and Electoral Registration Officer and it was then:

 

RESOLVED

 

That, with effect from 13 March 2020 and until the time when the newly appointed Chief Executive has been given the opportunity to review the arrangements, the Director of Governance and Assurance (Andrew Powell) be appointed as the Electoral Registration Officer and Returning Officer for South Hams District Council.

 

71/19

Revenue Budget Proposals for 2020/21 pdf icon PDF 522 KB

Additional documents:

Minutes:

71/19              

The Council considered a report that detailed the formal proposals of the Executive in order to achieve a balanced Budget for 2020/21.

 

Following an introduction from the Leader, the Chairman reminded the meeting that two amendments had been received in accordance with the Budget and Policy Framework Procedure Rules and these would be considered in the order that they had been received.

 

Amendment Number 1 (proposed by Cllr Birch and seconded by Cllr McKay):

 

That the Partnership Funding level of £96,647 be increased to provide for the addition of funding to the sum of £10,000 to the CVS subject to it demonstrating it meets the criteria set out at para 2.38 of the Revenue Budget report to the Executive on 6 February 2020.’

 

In his introduction, the proposer highlighted that the Executive proposal was in total contradiction to the recommendation of the joint meeting of the Overview and Scrutiny Panel and Development Management Committee meeting held on 23 January 2020 (Minute OSDM.3/19 refers) whereby the funding for the South Hams CVS should be reinstated to £10,000.

 

In addition, the proposer also pointed out that, at its meeting on 19 September 2019, the Executive had made the decision to ‘adopt a Commissioning Model to award Partnership Funding from 2020-23, based on one (or all) of the following: 1. Local Need; 2. Alignment to the Council’s Corporate Strategy; and 3. Statutory Duty’ (Minute E.36/19 refers).  In stating that the CVS met criterion 1 and 2, the Member was of the view that the Executive had overlooked this decision when recommending that the Grant be reduced from £10,000 to £5,000.

 

During the ensuing debate on the amendment, reference was made to:-

 

(a)     the work of the CVS.  In support of the amendment, a number of Members paid tribute to the CVS and the work that the organisation carried out.  Whilst not disputing the point, some other Members did state that the Council had still not received any evidence to demonstrate that it was receiving value for money from the CVS.  As a result, these Members advised that they were willing to support the amendment but did emphasise that this was on the proviso that the CVS provided the necessary evidence that they demonstrated at least one of the criteria that was referred to by the proposer;

 

(b)   a potential loophole in the amendment.  Due to the subjective nature of the wording, a Member stated his opposition to the amendment.

 

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

 

For the motion (25):    Cllrs Abbott, Austen, Baldry, Bastone, Birch, Brown, Chown, Foss, Hawkins, Hodgson, Holway, Hopwood, Jackson, May, McKay, O’Callaghan, Pannell, Pearce, Pennington, Pringle, Reeve, Rowe, Smerdon, Spencer and Taylor

 

Against the motion (3):  Cllrs Brazil, Kemp and Long

 

Abstentions (1):  Cllr Sweett

 

Absent (2):  Cllrs Rose and Thomas

 

and the vote on this amendment was therefore declared CARRIED.

 

Amendment Number 2 (proposed by Cllr Brazil  ...  view the full minutes text for item 71/19

72/19

Capital Budget Proposals for 2020/21 pdf icon PDF 380 KB

Additional documents:

Minutes:

72/19              

Members were presented with a report that set out the Capital Bids to the 2020/21 Capital Programme and a suggested way that these Bids could be funded.

 

In discussion, reference was made to:

 

(a)    an amendment to the recommendation.  In accordance with the Budget and Policy Framework Procedure Rules, the following amendment had been received from Cllrs Hodgson and Sweett:

 

‘That £300,000 be allocated from the Unearmarked Reserves to enable the procurement and purchase of Gypsy & Traveller Sites in South Hams to recognise and meet this growing need for some of our residents.’

 

The proposer introduced her amendment and highlighted that there were a number of illegal encampments within her local Ward and that there was a definite need for some sites to be established within the South Hams.

 

Members proceeded to debate the amendment during which reference was made to:

 

-        the cost of establishing a site.  A Member cited an example within a neighbouring district that had seen a site cost £1.25 million for just 15 pitches.  The Member therefore felt that £300,000 would not be sufficient to procure and purchase a Site;

 

-        the need to find a structured site.  It was noted that officers were actively looking for an appropriate Brownfield Site and, irrespective of the evidence need in the Joint Local Plan, the requirement to find a suitable site was recognised;

 

-        available funding.  The Leader stated that there were already monies available in affordable housing reserves that could be used to procure and purchase a site and she did not see the need to specifically set aside £300,000 for this purpose at this time;

 

-       the difficulties associated with finding a suitable site were acknowledged.

 

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

 

For the motion (10):  Cllrs Abbott, Baldry, Birch, Brazil, Hodgson,        Jackson, McKay, O’Callaghan, Pannell and Sweett

 

Against the motion (18):  Cllrs Austen, Bastone, Brown, Chown, Foss, Hawkins, Holway, Hopwood, Long, May, Pearce, Pennington, Pringle, Reeve, Rowe, Smerdon, Spencer and Taylor

 

Abstentions (1):  Cllr Kemp

 

Absent (2):  Cllrs Rose and Thomas

 

and the vote on this amendment was therefore declared LOST.

 

(b)    the Salcombe Harbour Workshop project.  The Leader committed to providing a project update to an interested Member outside of this meeting.

 

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

 

For the motion (29):         Cllrs Abbott, Austen, Baldry, Bastone, Birch, Brazil, Brown, Chown, Foss, Hawkins, Hodgson, Holway, Hopwood, Jackson, Kemp, Long, May, McKay, O’Callaghan, Pannell, Pearce, Pennington, Pringle, Reeve, Rowe, Smerdon, Spencer, Sweett and Taylor

 

Against the motion (0):

 

Abstentions (0):

 

Absent (2):  Cllrs Rose and Thomas

 

       and the vote on the motion was therefore declared CARRIED.

 

It was then:

 

RESOLVED

 

1.      That the Capital Programme for 2020/21 (totalling £2,480,000 and as attached at Appendix A of the presented agenda report) be approved;

 

2.      That the Capital  ...  view the full minutes text for item 72/19

73/19

Questions

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

Minutes:

73/19               

It was noted that no questions had been received in accordance with Council Procedure Rule 8.

 

74/19

Notice of Motion

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

 

Notices of Motion – to consider the following motions received in accordance with Council Procedure Rule 10.1:

 

(a)    By Cllrs Pearce and Bastone

 

‘With immediate effect, this Council adopts the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism that reads as follows:

 

‘Antisemitism is a certain perception of Jews, which may be expressed as hatred towards Jews.  Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

 

S:\All Staff\Committee Reports\South Hams Committees\Council\2020-02-13

 

 

(b)By Cllrs Chown and Hawkins

 

‘That South Hams District Council:

 

(i)    acknowledges the progress that this Council has made to reduce greenhouse gas emissions and promote renewable electricity;

 

(ii)   recognises that councils can play a central role in creating sustainable communities, particularly through the provision of locally generated renewable electricity;

 

(iii)   further recognises:

 

·           that very large financial setup and running costs involved in selling locally generated renewable electricity to local customers result in it being impossible for local renewable electricity generators to do so;

 

·           that making these financial costs proportionate to the scale of a renewable electricity supplier’s operation would create significant opportunities for councils to be providers of locally generated renewable electricity directly to local people, businesses and organisations; and

 

·           that revenues received by councils that became local renewable electricity providers could be used to help fund local greenhouse gas emissions reduction measures and to help improve local services and facilities;

 

(iv)        accordingly resolves to support the Local Electricity Bill, currently supported by a cross-party group of 115 MPs in the previous Parliament, and which, if made law, would make the setup and running costs of selling renewable electricity to local customers proportionate by establishing a Right to Local Supply; and

 

(v)         further resolves to:

 

·      inform the local media of this decision,

 

·      write to local MPs, asking them to support the Bill, and

 

·      write to the organisers of the campaign for the Bill, Power for People, (at 8 Delancey Passage, Camden, London NW1 7NN) expressing its support.

 

(Additional Note: this motion also has the support of Sir Gary Streeter MP as below:

 

Dear Matt,

Thank you for your email and I set out my statement of support below:

“I am pleased to express my support for the Local Electricity Bill brought forward by Private Members’ Bill in the last Parliament, but which unfortunately did not complete its passage before the election.

I am encouraging the government to adopt this measure to enable local renewable energy generators to sell that energy into their local community and not simply to a utility company.  I am sure that this kind of micro generation and distribution is an important part of the renewable landscape as we move towards our carbon zero targets.”

Best wishes,

Gary)

 

Minutes:

74/19              

It was noted that two motions had been received in accordance with Council Procedure Rule 10:

 

(a)   By Cllrs Pearce and Bastone

 

“With immediate effect, this Council adopts the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism that reads as follows:

 

‘Antisemitism is a certain perception of Jews, which may be expressed as hatred towards Jews.  Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

 

In her introduction, the proposer highlighted the importance of the issue and that the motion sought adoption of the recognised international definition of Antisemitism. 

 

In discussion, there was unanimous support expressed for approval of the motion.

 

It was then:

 

RESOLVED

 

With immediate effect, this Council adopts the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism that reads as follows:

 

‘Antisemitism is a certain perception of Jews, which may be expressed as hatred towards Jews.  Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.’

 

 

(b)   By Cllrs Chown and Hawkins

 

“That South Hams District Council:

 

(i)           acknowledges the progress that this Council has made to reduce greenhouse gas emissions and promote renewable electricity;

 

(ii)         recognises that councils can play a central role in creating sustainable communities, particularly through the provision of locally generated renewable electricity;

 

(iii)        further recognises:

 

·     that very large financial setup and running costs involved in selling locally generated renewable electricity to local customers result in it being impossible for local renewable electricity generators to do so;

 

·     that making these financial costs proportionate to the scale of a renewable electricity supplier’s operation would create significant opportunities for councils to be providers of locally generated renewable electricity directly to local people, businesses and organisations; and

 

 

·     that revenues received by councils that became local renewable electricity providers could be used to help fund local greenhouse gas emissions reduction measures and to help improve local services and facilities;

 

(iv)        accordingly resolves to support the Local Electricity Bill, currently supported by a cross-party group of 115 MPs in the previous Parliament, and which, if made law, would make the setup and running costs of selling renewable electricity to local customers proportionate by establishing a Right to Local Supply; and

 

(v)         further resolves to:

 

·     inform the local media of this decision,

 

·     write to local MPs, asking them to support the Bill, and

 

·     write to the organisers of the campaign for the Bill, Power for People, (at 8 Delancey Passage, Camden, London NW1 7NN) expressing its support.

 

During his introduction, the proposer advised that, should the Bill became law, it was likely to have many benefits for existing Community Energy Groups.  In addition, the proposer advised that a number of other local authorities had already supported similar motions.

 

In debate, a number of Members thanked the proposer for submitted his motion and particular reference was also made to:-

 

(a)     the motion having already been approved by Totnes Town Council;  ...  view the full minutes text for item 74/19

75/19

Reports of Bodies pdf icon PDF 123 KB

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

 

NB

* Indicates minutes containing recommendations to Council

# Recommendations in these minutes were determined at the last Council meeting on 19 December 2019.

.

Additional documents:

Minutes:

75/19              

RESOLVED

 

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

 

(a)        Development Management Committee          4 December 2019

 

(b)        Executive        19 December 2019

 

(NOTE. The recommendations contained within these minutes were determined at the last Council meeting held on 19 December 2019 (Minute 64/19(c) refers).

 

(c)        Development Management Committee          15 January 2020

 

   DM.47/19: Planning Applications

 

In respect of planning application number 3391/19/HHO (Sandhills Road, Salcombe), the point was made that the two local Ward Members had differing views on the merits of this planning application.

 

(d)        Joint Overview and Scrutiny Panel and Development Management Committee            23 January 2020

 

(e)        Overview and Scrutiny Panel23 January 2020

 

(f)         Licensing Committee  30 January 2020

 

(g)        Executive        6 February 2020

 

E.71/19: Reports of Bodies – Overview and Scrutiny Panel: 23 January 2020

 

O&S.62/19: Pre-Application Process

 

RESOLVED

 

That the draft Pre-Application process (as outlined in Appendix 1 of the presented agenda report to the Panel) be approved, subject to inclusion of the following revisions:

 

1.   replacement of the word ‘we’ with the term ‘the Council’;

2.   moving the definitions from the end to the beginning of the Policy; and

3.   expanding upon reference to ‘disclosures’ in the Policy.

 

E.7219: Quarter 3 Revenue Budget Monitoring 2019/20

 

RESOLVED

 

That £30,000 of the additional planning income be transferred into the Planning Policy and Major Developments Earmarked Reserve at the end of the 2019/20 Financial Year.

 

E.73/19: Capital Programme Monitoring

 

                                               

RESOLVED

 

1.   That £88,000 of revenue income, predominantly in respect of a restrictive covenant, be allocated to the Capital Programme Reserve (as set out in exempt Appendix B to the presented agenda report); and

 

2.   That the budget be increased for Whitestrand, Salcombe (as set out in exempt Appendix B of the presented agenda report).

 

E.78/19: Housing Company

 

RESOLVED

 

1.       That the Council form a Community Benefit Society (CBS); and

 

2.       That all authority needed to undertake full due diligence and establish the CBS in the form set out in the presented agenda report be delegated to the Director of Place and Enterprise, the Section 151 Officer and the Monitoring Officer, in consultation with the Leader of the Council.

 

E.79/19: Electric Charging Points Collaboration Agreement

 

RESOLVED

1.       That the Council sign up to the Collaboration Agreement with Devon County Council for the installation of Electric Vehicle Charging Points;

 

2.       That the potential sites where the Electric Vehicle Charging Point should be installed are as listed in paragraph 1.3 of the agenda report presented to the Executive meeting;

 

3.       That the Council enters into a lease with the appointed supplier for a ten year period; and

 

4.           That funding for the charging points be obtained from the Revenue Grants Reserve.

 

            E.81/19: Future IT Procurement Report

 

            RESOLVED

 

That £83,000 be used from the IT Development Earmarked Reserve in 2020/21 for the project budget.