Agenda item

To receive the Minutes of the following Committees to note the delegated decisions and to consider the adoptions of those Unstarred Minutes which require approval

Meeting of West Devon Council, Tuesday, 12th February, 2019 4.00 pm (Item CM 51)

(i) Hub Committee

Meeting held on 4 December 2018

Unstarred Minute to agree:

HC 57 Revenue Budget Monitoring 2018/19

That the Council be RECOMMENDED to transfer £100,000 of the additional planning income into the Planning Policy and Major Developments Earmarked Reserve at the end of the 2018/19 Financial Year.

Meeting held on 29 January 2019

Unstarred Minutes to agree:

HC 67 Capital Budget Monitoring 2018/19

That the Council be RECOMMENDED to fund the capital requirement of the Public Conveniences Pay on Entry equipment of up to £50,000 from the Strategic Change Earmarked Reserve.

HC 70 Business Continuity Management Strategy and Work Programme

That the Council be RECOMMENDED that the Management Strategy and Work Programme be adopted.

HC 73 Commercial Development Financing

That the Council be RECOMMENDED to:

1. undertake prudential borrowing of £10.631 million to fund the Commercial Developments as set out in Exempt Appendix A of the presented agenda report to the Hub Committee meeting;

2. allocate £468,700 of Section 106 funding (as described in paragraph 3.26 of the presented agenda report to the Hub Committee meeting) to part fund the Tavistock temporary accommodation development;

3. utilise £139,000 of Affordable Housing budget to part fund the Tavistock temporary accommodation development;

4. utilise the £100,000 Okehampton capital receipt to part fund the Okehampton retail hospitality pod development; and

5. fund the £502,385 upfront borrowing costs during the construction period of the projects (as set out in Exempt Appendix A of the presented agenda report to the Hub Committee meeting).

(Members will note that Unstarred Minutes HC 68 ‘Budget Proposals 2019-20 Onwards Update Report’ and HC 74 ‘Capital Budget Proposals 2019/20’ are to be considered later in the Summons under agenda items xx and xx respectively)

(ii) Development Management and Licensing Committee

Meeting held on 11 December 2018

(iii) Overview and Scrutiny Committee

Meeting held on 15 January 2019

(iv) Audit Committee

Meeting held on 22 January 2019

Unstarred Minute to agree:

AC 32 Review of the Council’s Constitution: Rules of Procedure and Members’ Planning Code of Practice

That Council be RECOMMENDED that:

1. the amendments to Part 4 (Rules of Procedure) of the West Devon Borough Council Constitution (as summarised in paragraph 2.5 of the agenda report presented to the Hub Committee and fully outlined at Appendix A to these minutes) be approved and formally adopted; and

2. the draft Members’ Code of Good Practice – Planning’ (as attached at Appendix B to these minutes) be adopted.

Minutes:

CM 51

a. Hub Committee – 4 December 2018 and 29 January 2019

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 4 December 2018 and 29 January 2019 be received and noted, with the exception of Unstarred Minutes HC 57, HC 67, HC 70 and HC 73. Specifically with regard to Unstarred Minutes HC 68 and HC 74, it was confirmed that these were scheduled for consideration as standalone agenda items later in the meeting (Minutes CM 52 and CM 53 respectively refer).

In respect of Starred Minute HC 71, Members were informed that a further report on the Public Toilet Review would now be presented to the next Council meeting on 26 March 2019.

In respect of the remaining Unstarred Minutes:

i. HC 57 Revenue Budget Monitoring 2018/19

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 £100,000 of the additional planning income be transferred into the Planning Policy and Major Developments Earmarked Reserve at the end of the 2018/19 Financial Year.”

ii. HC 67 Capital Budget Monitoring 2018/19

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 capital requirement of the Public Conveniences Pay on Entry equipment of up to £50,000 be funded from the Strategic Change Earmarked Reserve.”

iii.HC 70 Business Continuity Management Strategy and Work Programme

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 Business Continuity Management Strategy and Work Programme be adopted.”

iv.HC 73 Commercial Development Financing

It was moved by Cllr P R Sanders and seconded by Cllr L Samuel:

‘That the Council:

1. undertake prudential borrowing of £10.631 million to fund the Commercial Developments (as set out in Exempt Appendix A of the agenda report presented to the Hub Committee meeting);

2. allocate £468,700 of Section 106 funding (as described in paragraph 3.26 of the agenda report presented to the Hub Committee meeting) to part fund the Tavistock Temporary Accommodation Development;

3. utilise £139,000 of Affordable Housing Budget to part fund the Tavistock Temporary Accommodation Development;

4. utilise the £100,000 Okehampton Capital Receipt to part fund the Okehampton Retail Hospitality Pod Development; and

5. fund the £502,385 upfront borrowing costs during the construction period of the projects (as set out in Exempt Appendix A of the agenda report presented to the Hub Committee meeting) from Earmarked Reserves as described in Paragraph 3.29 of the agenda report presented to the Hub Committee meeting.’

During the debate, an amendment was moved by Cllr N Jory and seconded by Cllr R F D Sampson as follows:

‘That the Council:

1. undertake the prudential borrowing (as set out in Exempt Appendix A of the presented agenda report to the Hub Committee meeting) in respect of the Tavistock Temporary Housing Development in the event that planning permission is secured;

2. allocate £468,700 of Section 106 Funding (as described in paragraph 3.26 of the presented agenda report to the Hub Committee meeting) to part fund the Tavistock Temporary Housing Development;

3. utilise £139,000 of Affordable Housing Budget to part fund the Tavistock Temporary Housing Development;

4. undertake the prudential borrowing (as set out in Exempt Appendix A of the presented agenda report to the Hub Committee meeting) in respect of Okehampton Pod in the event that Planning Permission is secured; and

5. utilise the £100,000 Okehampton Capital Receipt to part fund the Okehampton Retail Hospitality Pod Development;

6. undertake the prudential borrowing (as set out in Exempt Appendix A of the presented agenda report to the Hub Committee meeting) in respect of the Abbey Rise Car Park in the event that planning permission is secured; and

7. fund the upfront borrowing costs during the construction period of the approved project(s) (as set out in Exempt Appendix A of the presented agenda report to the Hub Committee meeting).’

At this point, Cllrs Sanders and Samuel (as the proposer and seconder of the original motion) confirmed that they were willing to accept this amendment and it therefore became the substantive motion.

The Mayor proceeded to advise that, in light of the significant concerns that had been raised over aspects of these proposals, it was his intention for each part of the substantive motion to be debated individually before then being voted upon.

Parts 1, 2 and 3:

In debate, a number of Members expressed their support for the proposed Tavistock Temporary Housing Development and the high level of local need was recognised.

When put to the vote, parts 1, 2 and 3 of the substantive motion were declared CARRIED.

Parts 4 and 5:

During the debate on Parts 4 and 5, a number of concerns were raised by the local Ward Members that included:-

(a) the likely detrimental impact caused by the proposal to relocate the Taxi Rank;

(b) the need for increased dialogue with the local community and stakeholders. Unfortunately, the Members were of the view that there had been insufficient local consultation in this instance; and

In accordance with Council Procedure Rule 19(5), Members then called for two separate recorded votes on parts 4 and 5 of the substantive motion. The votes were subsequently recorded as follows:-

Part 4:

For the motion (0):

Against the motion (27): Cllrs Baldwin, Ball, Cann OBE, Cloke, Davies, Edmonds, Evans, Hockridge, Jory, Lamb, Leech, McInnes, Moody, Mott, Moyse, Musgrave, Oxborough, Parker, Pearce, Ridgers, Roberts, Sampson, Samuel, Sanders, Sellis, Watts and Yelland

Abstentions (0):

Absent (4): Cllrs Cheadle, Kimber, Sheldon and Stephens

And the vote was declared LOST.

Part 5:

For the motion (0):

Abstentions (0):

Absent (4): Cllrs Cheadle, Kimber, Sheldon and Stephens

And the vote was declared LOST.

Part 6:

In debate on Part 6, there were widespread concerns raised over the proposals and the following points were raised:-

(a) When considering the strength of local opposition to the proposals, a number of Members regretted the lack of business and community engagement and consultation that had been carried out. As a result, the view was repeated and emphasised that lessons must be learned in this respect;

(b) Whilst local ward Members informed of their commitment to the regeneration of Tavistock Town Centre, this proposal was felt to be the wrong scheme on the wrong site for reasons that included:

- the negative impact upon the World Heritage Site;

- the resultant economic benefits to Tavistock being overstated and not taking into account the effect on existing small businesses;

- the real harm caused by the potential loss of car parking spaces. Furthermore, there had not been an alternative solution proposed to such an extensive loss of parking provision; and

- concerns over elements of the Business Plan which, in their view, did not make good financial sense to the Borough Council;

(c) A Member sought to remind his colleagues that, procedurally, the Unstarred Minute was only concerned with the mechanism to borrow the monies to fund the proposal and not the merits of the scheme (that had already been approved in line with the adopted Strategy);

(d) Regardless of the strength of local feeling, both Group Leaders stated that some of the offensive comments that had been posted on social media about their fellow Members and officers were wholly unacceptable. In particular, the aspersions that had been made on the integrity of Members and officers were considered to be deplorable;

In accordance with Council Procedure Rule 19(5), Members then called for a recorded vote on part 6 of the substantive motion. The vote was subsequently recorded as follows:-

For the motion (0):

Abstentions (0):

Absent (4): Cllrs Cheadle, Kimber, Sheldon and Stephens

And the vote was declared LOST.

Part 7:

There was no debate on Part 7 of the substantive motion and, when put to the vote, it was declared CARRIED.

It was then “RESOLVED

That the Council:

2. allocate £468,700 of Section 106 Funding (as described in paragraph 3.26 of the presented agenda report to the Hub Committee meeting) to part fund the Tavistock Temporary Housing Development;

3. utilise £139,000 of Affordable Housing Budget to part fund the Tavistock Temporary Housing Development;

4. fund the upfront borrowing costs during the construction period of the Tavistock Temporary Housing Development (as set out in Exempt Appendix A of the presented agenda report to the Hub Committee meeting)”.

b. Development Management and Licensing Committee – 11 December 2018

It was moved by Cllr P R Sanders, seconded by Cllr A Roberts and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 11 December 2018 meeting be received and noted”.

c. Overview and Scrutiny Committee – 15 January 2019

It was moved by Cllr J Yelland, seconded by Cllr D E Moyse and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 15 January 2019 meeting be received and noted”.

d. Audit Committee – 22 January 2019

It was moved by Cllr M Davies, seconded by Cllr K Ball and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Minutes of the 22 January 2019 meeting be received and noted, with the exception of Unstarred Minute AC 32”.

In respect of the Unstarred Minute:

i. AC 32 Review of the Council’s Constitution: Rules of Procedure and Members’ Planning Code of Practice

It was moved by Cllr M Davies, seconded by Cllr G Parker and upon being submitted to the Meeting was declared to be CARRIED and “RESOLVED that the Part 4 (Rules of Procedure) of the West Devon Borough Council Constitution (as summarised in paragraph 2.5 of the presented agenda report and fully outlined at Appendix A) and the Draft Members’ Code of Good Practice Planning (as outlined at Appendix B) be deferred to the Audit Committee meeting on 12 March 2019 for further consideration”.

Supporting documents: