Agenda and minutes

(The Chairman will then read and sign the declaration of acceptance of office)

01/18              

RESOLVED

That Cllr T R Holway be elected Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2019.

Cllr Holway subsequently declared and signed his acceptance of office.

02/18  

In addressing the Council, Cllr Holway expressed his honour at being elected as Chairman of the Council and wished to thank his fellow Members for their vote of confidence.  In particular, he proceeded to pay tribute to the work undertaken during her year of office by Cllr Cuthbert, who he felt would be an incredibly hard act to follow.

In his address, Cllr Holway also made specific reference to:-

-        looking forward to his year of office and working closely with his Vice-Chairman;

-        his pride to represent the Council at civic events.  In addition, it was his intention to attend as many town and parish council meetings as was practically possible;

-        his wish to thank his wife for her support;

-        his hope that the Council could become a ‘Dementia Friendly Council’ during this year;

-        his chosen charity for the year being the Erme Valley Riding for the Disabled Group.

03/18              

RESOLVED

That the thanks of the Council be extended to Cllr Cuthbert for the manner in which she performed her duties during his term of office as Chairman of the Council.

04/18              

Cllr Cuthbert addressed the Council and highlighted how enjoyable she had found her year of office.  In so doing, she made particular reference to:-

-        her gratitude for the support she received from the wider membership during her year of office;

-        it being an honour and a privilege to have represented the Council at so many events;

-        how much she and her husband had enjoyed the last year;

-        how professionally organised each of the events that she had attended had been.  On reflection and, in citing some examples, she had enjoyed attending the more informal events than the very ceremonial engagements;

-        her wish to thank officers for their support.  In addition, Cllr Cuthbert also wished to thank those individuals and organisations who had sponsored and donated to her Charity Golf Day.  In total, Members were informed that Cllr Cuthbert had raised £3,752.02 for her chosen charity: Epilepsy Action; and

-        her hope that Cllr Holway and his wife would have an equally memorable year.

(The Vice Chairman will then read and sign the declaration of acceptance of office)

05/18  

RESOLVED

That Cllr R Rowe be appointed Vice Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2019.

Cllr Rowe subsequently declared and signed her acceptance of office.

to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Council held on 22 February 2018 and the minutes of the special meeting held on 29 March 2018

06/18              

The minutes of the meeting of Council held on 22 February 2018 and the special meeting held on 29 March 2018 were both confirmed as a correct record and signed by the Chairman.

To approve a review carried out in consultation with leaders of the Political Groups. This is reflected in the list of Council Bodies (circulated separately) – see Item 8 below

07/18 

The Chairman advised Members that a review of the representation of the political groups on the Council’s Bodies had been carried out in consultation with the Leaders of the two Political Groups.

It was then:

RESOLVED

1.     That it be noted that the Political Composition of the Council is as follows:-

§   A Conservative Group of 24 Members; and

§  An Opposition Group of 7 Members.

2.         That the overall political balance of Council Bodies, as reflected in the paper tabled to the meeting, be approved.

to appoint the Members of the following Council Bodies for the 2018/19 Municipal Year:-

a)    Audit Committee;

b)    Development Management Committee;

c)    Executive;

d)    Licensing Committee; and

e)    Overview and Scrutiny Panel.

08/18             

The Council subsequently received nominations from the Group Leaders for the membership of the Bodies of the Council. 

            It was then:

RESOLVED

That, for the 2018/19 Municipal Year, Members be appointed to the Bodies of the Council as set out in Appendix A to these minutes.

to elect the Chairman and Vice-Chairman of the following Bodies of the Council for the 2018/19 Municipal Year:-

a)    Audit Committee;

b)    Development Management Committee;

c)    Licensing Committee;

d)    Overview and Scrutiny Panel; and

e)    Salcombe Harbour Board (Chairman only).

09/18 

The Council received nominations from its Group Leaders for the positions of Chairmen and Vice Chairmen of the Bodies of the Council.

Two nominations (Cllrs J Birch and M F Saltern) had been received for the position of Chairman of the Overview and Scrutiny Panel.

When put to the vote, it was declared CARRIED that Cllr M F Saltern be appointed to the role of Overview and Scrutiny Panel Chairman.

Two nominations (Cllrs J P Green and P C Smerdon) had also been received for the position of Vice-Chairman of the Overview and Scrutiny Panel.

When put to the vote, it was declared CARRIED that Cllr P C Smerdon be appointed to the role of Overview and Scrutiny Panel Vice-Chairman.

It was then:

RESOLVED

That the Chairmen and Vice Chairmen of the Bodies of the Council for the 2018 / 2019 Municipal Year be as indicated below:-

To agree the appointment of Members as representatives on Outside Bodies for the 2018/19 Municipal Year;

NOTE: Although some of these appointments are accepted by the “Outside Bodies” for a period of years, it is the Council’s practice where possible to review all appointments annually.

10/18             

A paper was considered that set out details of those Outside Bodies to which the Council appointed representatives and included a list of nominations for representation on these Outside Bodies.

Two nominations (Cllrs E D Huntley and J A Pearce) had been received for the position on the Avon Estuary Forum.

When put to the vote, it was declared CARRIED that Cllr J A Pearce be appointed to the position on the Avon Estuary Forum.

Three nominations (Cllrs J Birch, J T Pennington and P C Smerdon) had been received for the two positions on the Devon County/South Hams Highways and Traffic Orders Committee.

In line with the Council Constitution, it was necessary for these two vacancies to be filled by virtue of a ballot.  Upon completion of the ballot, it was subsequently declared CARRIED that Cllrs J T Pennington and P C Smerdon be appointed to serve on the South Devon AONB Partnership Committee.

In the ensuing debate, reference was made to the importance of appointed Members providing feedback on each meeting they had attended.  To reinforce this point, an addition was PROPOSEDand SECONDED to part 3 of the recommendation as follows:-

‘That Members appointed to Outside Bodies provide a written report following each meeting; regular feedback and consultation on the issues affecting the Bodies concerned.’

When put to the vote, this addition was declared CARRIED.

It was then:

RESOLVED

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

2.     That the Members named in Appendix B to these minutes be appointed as the Council’s representatives 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.     That Members appointed to Outside Bodies provide a written report following each meeting; regular feedback and consultation on the issues affecting the Bodies concerned.

to agree to the appointment of the following Groups for the 2018/19 Municipal Year:-

a)    Council Tax Setting Panel;

b)    Devon Building Control Partnership;

c)    Discretionary (Majors) Business Rate Relief Decision Panel;

d)    Investments Member Working Group;

e)    Joint SH/WD/Plymouth Local Plan Steering Group;

f)     Political Structures Working Group;

g)    Public Spaces Working Group;

h)    Rate Relief Panel

i)      Slapton Line Steering Group; and

j)      Waste and Recycling Working Group.

11/18 

Members proceeded to consider the appointment for the 2018/2019 Municipal Year of the:-

(a)   Council Tax Setting Panel;

(b)   Devon Building Control Partnership;

(c)    Discretionary (Majors) Business Rate Relief Decision Panel;

(d)   Investments Member Working Group;

(e)   Joint SH/WD/Plymouth Local Plan Steering Group;

(f)     Political Structures Working Group;

(g)   Public Spaces Working Group;

(h)   Rate Relief Panel;

(i)     Slapton Line Steering Group; and

(j)     Waste and Recycling Working Group.

Council then considered the appointments to the above bodies.

It was then:

RESOLVED

That the appointment of the Other Groups of the Council for the 2018/2019 Municipal Year be approved, as shown in Appendix C to these minutes.

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;

12/18 

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

Cllr P W Hitchins declared a Disclosable Pecuniary Interest in Item 18: ‘Joint Local Plan Main Modifications Consultation’ (Minute 15/18 below refers) and left the meeting during the debate and vote on this item.

Cllr R F D Gilbert declared a Disclosable Pecuniary Interest in Item 24(e): ‘Reports of Bodies and specifically Minute E.85/17: ‘Procurement of Pay on Entry Equipment for Public Toilets/Disposal of Toilets’ (Minute 21/18(a) below refers) in light of the Ferry Steps at East Portlemouth becoming the subject of debate.  At the appropriate time, he left the meeting during the debate on this matter.

13/18              

In accordance with this agenda item, the Chairman advised that he did not have any further announcements to make.

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

14/18              

The Chairman advised that he had no items of urgent business for consideration at this meeting.

15/18              

The Council considered a report that requested that delegated authority be granted to the Head of Paid Service, in consultation with the Leader of the Council and the Joint Local Plan (JLP) Joint Steering Group (JSG) Members, to authorise the final version of the JLP for consultation.

In discussion, reference was made to:-

(a)   an amendment was PROPOSED and SECONDED to read as follows:

‘That a Special Full Council meeting be convened following receipt of the Inspectors’ Interim Report to consider its content and recommendations and to determine the necessary steps to be taken prior to the final version of the JLP going out for public consultation.  Prior to such a Special Full Council meeting, officers are to meet with Members in order to identify those proposed modifications that are non-contentious and those that require further consideration and debate.”

In introducing his amendment, the proposer made the following points:-

-        It was his view that the overwhelming majority of Members would be bypassed in the event of the agenda report recommendation being approved;

-        The impression had been given at a recent Member Briefing that a Special Council meeting would be convened for this specific purpose.  As a consequence, the proposer had relayed this information to his local town council and could see no explanation in the published report for this recommended change of approach;

-        The proposed amendment would ensure that the process was democratic.  Moreover, whilst a similar way forward was being proposed for West Devon Borough Council, there was no reference to such an agenda report on the published Plymouth City Council Annual Council summons.

During the consequent debate, some Members did not support the amendment and reference was made to:

o    the views of the Member representatives on the Joint Steering Group.  The representatives outlined and clarified the process and stressed that they would not have supported the report recommendation if they did not consider the risk to be minimal;

o    the involvement of local Ward Member(s).  Whilst considered to be unlikely, it was noted that any significant changes deemed necessary to the JLP (that had not already been considered by all Members) would lead to those significantly affected Ward Members being consulted with prior to a revised version being signed-off;

o    an additional Special Council being effectively a non-event that could slow up the process;

o    this meeting in fact presenting an opportunity to discuss the main modifications.

Whilst the points about the risk being minimal and the process being slowed up were disputed, when put to the vote, the amendment was declared LOST;

(b)   the importance of making representations to lead officers and Members of the JSG.  In the event of the recommendation being approved, Members were urged to put any comments and/or concerns that they had in writing to the lead officers and JSG Members.  Nonetheless, Members did also make a number of comments during the debate that included:-

-        the suggested deletion of the point relating to the ‘improved road  ...  view the full minutes text for item 15/18

16/18              

The Council considered a report that sought approval of the adoption of the Ugborough Neighbourhood Development Plan.

In discussion, a number of Members congratulated the representatives of the Neighbourhood Planning Group for achieving such a successful outcome, with 91.53% of voters voting in favour of the Plan.

It was then:

RESOLVED

That approval be given to the making (adoption) of the Ugborough Neighbourhood Development Plan.

17/18              

Consideration was given to a report that sought approval of the proposed amendments to Parts 1, 2, 3 and 5 of the Council Constitution.

In discussion, the Council thanked the role played by the Chairman of the Overview and Scrutiny Panel and the Audit Committee Members for their efforts and contributions in reaching this point.

It was then:

RESOLVED

That the amendments to Parts 1, 2, 3 and 5 of the South Hams District Council Constitution (as summarised in paragraph 2.11 of the presented agenda report) be approved and formally adopted.

18/18                          

Consideration was given to a report that recommended approval of the appointment of two Co-opted Members to the Salcombe Harbour Board, following the recommendations of the Interview Panel.

It was then:

RESOLVED

That, with immediate effect, Mr Malcolm Mackley and Mr Ian Stewart be appointed to the Salcombe Harbour Board as Co-opted Members for the period to the date of the Annual Council meeting in May 2021.

to consider the following questions received (if any) in accordance with Council Procedure Rule 8.

19/18              

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

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

20/18              

It was noted that no motions had been received in accordance with Council Procedure Rule 10.1.

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

* Indicates minutes containing recommendations to Council

21/18  

RESOLVED

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

(a)   Development Management Committee                                          7 March 2018

(b)   Overview and Scrutiny Panel                                                        22 March 2018

(c)   Audit Committee                                                                            22 March 2018

(d)   Development Management Committee                                             4 April 2018

(e)   Executive                                                                                          26 April 2018

E.81/17: Corporate Strategy Review

It was then:

RESOLVED

That the South Hams Corporate Strategy be adopted and published, subject to delegated authority being given to the Commissioning Manager, in consultation with the Leader of the Council, to make any minor amendments deemed necessary prior to publication.

E.82/17: Annual Report 2017/18

The Leader introduced the Annual Report and highlighted some of the key achievements contained within the document.

Whilst fully supportive of the Leader’s comments around building Council houses, a Member did express his surprise at how little reference was made in the Annual Report to the One Council project.

It was then:

RESOLVED

That the South Hams Annual Report for the 2017/18 Financial Year be adopted and published.

E.83/17: Devon Wide Housing Assistance Policy

It was then:

RESOLVED

That the existing Homes Assistance Policy be updated and then adopted in line with the Devon Housing Assistance Policy.

E.84/17: Parking Review

It was then:

RESOLVED

That the following amendments be made to the South Hams Off-Street Parking Places Order:

1.     Pay and Display Charges be amended in accordance with Appendix 1 of the presented agenda report, following consultation with local communities; and

2.     Newly created reserved parking bays at Batson Creek, Salcombe (as shown at Appendix 2 of the presented agenda report presented to the Executive) be incorporated.

E.85/17: Procurement of Pay on Entry Equipment – Public Toilets/Disposal of Toilets

Despite repeated requests, a Member expressed his disappointment that he had not still received a copy of the Business Plan that supported this initiative.  As a consequence, the Member had reservations over the decision that had been taken by the Executive in this respect.

When questioned, the commitment to consult (as part of the decision-making process) with those local Ward Members that would be affected by the charging proposals was again reaffirmed.

E.86/17: Dartmouth Lower Ferry – Capital Repairs Programme

Whilst some concern was expressed over the role played by the Maritime and Coastal Agency (MCA), Members acknowledged that the Council had to approve this capital spend or risk the Ferry not being able to operate.

It was then:

RESOLVED

That the capital spend (as outlined in Section 2.5 of the presented agenda report) from the Dartmouth Lower Ferry Earmarked Reserve be approved, in order to ensure that the Ferry vessels (both tugs and floats) are compliant and seaworthy in line with the Maritime and Coastal Agency requirements.