to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1
(a) By Cllrs Hodgson and Rose
“We propose that SHDC lobbies National Government to create a structure of fines that Local Authorities can impose for planning breaches. These would include illegal felling or damage to trees, illegal removal of Devon Bank and all mature hedgebanks. These fines could be imposed further to formal investigation by Enforcement officers (rather than the additional costs and time taken going through formal court proceedings).”
(b) By Cllrs Baldry and Thomas
“In the interest of public health, of our residents and of tourism there shall be no further closure of SHDC public lavatories.
This motion reverses the decision taken by the Executive on 22 November 2018 and 7 February 2019 and confirmed at Full Council on 21 February 2019 (following a Call-in to Overview and Scrutiny).
Where agreement has been reached with Parish Councils for them to take over or make a financial contribution for their lavatories, these arrangements will remain in place. Where no agreement has been reached by 31 December 2019, the lavatories listed at Resolution 3 and 4 of E.46/18 of the minutes of 22 November 2018 Executive meeting will remain open. Any change in expected Budget for 2020-21 will be taken account of in the 2020-21 Budget process.”
(c) By Cllrs McKay and Birch
(Background:
There is growing recognition across the political spectrum that authorities at every level of Government can achieve savings, while at the same time giving the communities they serve a much improved experience and sense of belonging, by the simple expedient of re-thinking their relationship with these communities and working in partnership with them. Instead of a Local Authority seeing its role as delivering services to its clients/customers, its role becomes one of working with, not for, people and bringing individuals and groups together. It becomes a facilitator. It is not a complicated idea, but it is a very powerful one that could bring substantial benefits to both the Council and its Communities. This approach is often called Asset-Based Community Development (ABCD) or Asset-Based Working.)
‘This Council:
1. acknowledges that within the network of Town and Parish Councils and community-based organisations (Community Land Trusts, Community Benefit Societies, Community Interest Companies etc) there is a wealth of talent, knowledge and expertise that should be regarded as an Asset by this Council;
2. acknowledges that there is a great deal of evidence to support Asset Based Community Development (ABCD) as an effective strategy and that it is at the core of the success of Councils like Wigan and Cornwall and is being actively investigated by many other Councils across the UK and beyond;
3. acknowledges that by adopting the ideas and principles of ABCD, and thereby investing in these Assets, that it would be able to:
- bring huge benefits to the communities it serves;
- create a sense of belonging and empowerment in communities;
- remove the sense of frustration and impenetrable bureaucracy felt by many; and
- release resources within the District Council and reduce costs.
4. acknowledges that reliance on a Capital Investment Strategy alone is insufficient and that it should also be investing in People and Organisations. They too are an Asset;
5. acknowledges that community consultation is the key to developing these Assets and that it needs to develop a culture of dialogue and engagement;
6. acknowledges that the Community Involvement Statement (CIS) which the Localism Act 2011 requires the Council to publish, should reflect the desire of this Council to help its Town and Parish Councils, and other community organisations, to achieve their locally defined objectives and to support them as required;
7. RESOLVES to consult with its communities through a programme to be determined by a Working Group of Members with a view to assessing how Asset-Based Community Development could benefit this Council and the communities it serves. The Working Group would also examine the setting up of a Community Support Fund through which development and support of community groups could take place. The Working Group to make recommendations to Full Council in four months’ time.’
(d) By Cllrs Hodgson and Sweett
‘In support of its commitment to the Climate and Biodiversity crisis, this Council will form and support a Forum of Town and Parish Councils across the District that have Declared a Climate Emergency and assist them in creating Action Plans to address and mitigate this challenge.’
Minutes:
It was noted that four motions had been received in accordance with Council Procedure Rule 10:
(a) By Cllrs Hodgson and Rose
“We propose that SHDC lobbies National Government to create a structure of fines that Local Authorities can impose for planning breaches. These would include illegal felling or damage to trees, illegal removal of Devon Bank and all mature hedgebanks. These fines could be imposed further to formal investigation by Enforcement officers (rather than the additional costs and time taken going through formal court proceedings).”
In her introduction, the proposer emphasised the need for more meaningful sanctions to be available to act as a deterrent against potential planning breaches.
During the subsequent debate, an amendment to the motion was PROPOSED and SECONDED that read as follows:
‘This Council resolves to lobby its Members of Parliament, the Local Government Association and national government in order to strengthen the sanctions arising out of a breach of planning controls including an increase in the current level of fines in cases of serious breaches such as unauthorised felling or damage to trees, removal of Devon Banks and mature hedgebanks.
It is proposed that in introducing an increase in the current level of fines the procedure leading to their imposition be simplified and made more effective in consequence of the limited resources available to local authorities in respect of enforcement.’
The proposer introduced his amendment and, whilst welcoming the intent of the original wording, he was of the view that his suggested revision would in fact add strength to the motion.
It was noted that local Ward Members had a key role to play with regard to the reporting of potential planning breaches and there was an acknowledged training need to support Members in this respect. As a result, officers gave a commitment to deliver relevant training to Members in the upcoming months.
When put to the vote, the amendment was declared CARRIED and therefore became the substantive motion.
It was then:
RESOLVED
This Council resolves to lobby its Members of Parliament, the Local Government Association and national government in order to strengthen the sanctions arising out of a breach of planning controls including an increase in the current level of fines in cases of serious breaches such as unauthorised felling or damage to trees, removal of Devon Banks and mature hedgebanks.
It is proposed that in introducing an increase in the current level of fines the procedure leading to their imposition be simplified and made more effective in consequence of the limited resources available to local authorities in respect of enforcement.
(b) By Cllrs Baldry and Thomas
“In the interest of public health, of our residents and of tourism there shall be no further closure of SHDC public lavatories.
This motion reverses the decision taken by the Executive on 22 November 2018 and 7 February 2019 and confirmed at Full Council on 21 February 2019 (following a Call-in to Overview and Scrutiny).
Where agreement has been reached with Parish Councils for them to take over or make a financial contribution for their lavatories, these arrangements will remain in place. Where no agreement has been reached by 31 December 2019, the lavatories listed at Resolution 3 and 4 of E.46/18 of the minutes of 22 November 2018 Executive meeting will remain open. Any change in expected Budget for 2020-21 will be taken account of in the 2020-21 Budget process.”
The proposer introduced his motion and highlighted that:-
- he regretted the original decision of the Council to close any of its public conveniences;
- closures were discriminatory to a number of different categories of society;
- closures were particularly unfortunate in tourist areas such as the South Hams;
- it was his view that, irrespective of the budget implications, the Council should not close any more of its public conveniences.
During the subsequent debate, the following points were raised:
(a) Some Members felt that it would be very unfair on those town and parish councils who were in discussions (or had already agreed) to take on responsibility for their local public conveniences if this motion was approved. As a differing view, another Member made the point that it was equally unfair for small rural parish councils to be asked to fund their public conveniences that were only for the benefit of visitors and tourists;
(b) A Member reminded the Council that the motion focused on the closure of public conveniences and any potential transfers should be considered as a separate issue.
When put to the vote, the motion was (by virtue of a Chairman’s Casting Vote) declared LOST.
(c) By Cllrs McKay and Birch
‘This Council:
1. acknowledges that within the network of Town and Parish Councils and community-based organisations (Community Land Trusts, Community Benefit Societies, Community Interest Companies etc) there is a wealth of talent, knowledge and expertise that should be regarded as an Asset by this Council;
2. acknowledges that there is a great deal of evidence to support Asset Based Community Development (ABCD) as an effective strategy and that it is at the core of the success of Councils like Wigan and Cornwall and is being actively investigated by many other Councils across the UK and beyond;
3. acknowledges that by adopting the ideas and principles of ABCD, and thereby investing in these Assets, that it would be able to:
- bring huge benefits to the communities it serves;
- create a sense of belonging and empowerment in communities;
- remove the sense of frustration and impenetrable bureaucracy felt by many; and
- release resources within the District Council and reduce costs.
4. acknowledges that reliance on a Capital Investment Strategy alone is insufficient and that it should also be investing in People and Organisations. They too are an Asset;
5. acknowledges that community consultation is the key to developing these Assets and that it needs to develop a culture of dialogue and engagement;
6. acknowledges that the Community Involvement Statement (CIS) which the Localism Act 2011 requires the Council to publish, should reflect the desire of this Council to help its Town and Parish Councils, and other community organisations, to achieve their locally defined objectives and to support them as required; and
7. RESOLVES to consult with its communities through a programme to be determined by a Working Group of Members with a view to assessing how Asset-Based Community Development could benefit this Council and the communities it serves. The Working Group would also examine the setting up of a Community Support Fund through which development and support of community groups could take place. The Working Group to make recommendations to Full Council in four months’ time.’
By way of an introduction, the proposer provided some background information on the benefits of Asset Based Community Development (ABCD) and informed that the concept was used in a number of different circumstances. In addition, the proposer referred to a number of different local authorities that were actively engaging with ABCD and stated that these councils were not led by the same political parties.
During the subsequent debate, some Members felt that the ABCD concept was interesting and should be explored further and that this could be carried out without the need to establish a Working Group. As a result, an amendment was PROPOSED and SECONDED that read as follows:
‘This Council proposes that the Deputy Chief Executive and the Executive Lead for Communities together examine the benefits that Assets Based Community Development could offer to South Hams DC and its communities and report back to Council within four months in order to determine the next steps.’
Subject to the proposer of the original motion being added to the wording, there was widespread support expressed for the amendment. In reply, the proposer and seconder of the amendment confirmed that they were content to include the proposer of the original motion and, with all parties then being content, the amendment became the substantive motion.
It was then:
RESOLVED
This Council proposes that the Deputy Chief Executive; the Executive Lead for Communities; and Cllr McKay together examine the benefits that Assets Based Community Development could offer to South Hams DC and its communities and report back to Council within four months in order to determine the next steps.
(d) By Cllrs Hodgson and Sweett
‘In support of its commitment to the Climate and Biodiversity crisis, this Council will form and support a Forum of Town and Parish Councils across the District that have Declared a Climate Emergency and assist them in creating Action Plans to address and mitigate this challenge.’
The proposer and seconder introduced their motion and made reference to:
o the ability to exploit the expertise contained within town and parish councils;
o town and parish councils now beginning to declare their own Climate Change Emergencies;
o there was a need for the District Council to support town and parish councils in this respect.
In the ensuing debate, the following points were raised:
(a) Some Members felt that neighbouring town and parish councils should work more closely together on this agenda along the lines of the previous Cluster arrangements;
(b) Such was the resource implications on supporting the Climate Change agenda for the district council, a Member advised that the Council did not have the officer capacity to provide the necessary support to town and parish councils;
(c) An amendment was PROPOSED and SECONDED that read as follows:
‘In support of its commitment to the Climate and Biodiversity crisis, this Council would welcome the Town and Parish Councils across the District that have declared a Climate and Biodiversity crisis working together to create Action Plans to address and mitigate this challenge. To support this action, South Hams District Council will set up a website, similar to the one now well established for Neighbourhood Plans and populate it with our plans, a ‘carbon footprint’ calculator and a blog page for groups to exchange views.’
Having received assurances that a related agenda item would be included for discussion on the annual town and parish council budget consultation session with the Council and Devon County Council (that would be taking place before the end of the year), the proposer and seconder of the original motion confirmed that they were willing to accept the amendment.
It was then:
RESOLVED
In support of its commitment to the Climate and Biodiversity crisis, this Council would welcome the Town and Parish Councils across the District that have declared a Climate and Biodiversity crisis working together to create Action Plans to address and mitigate this challenge. To support this action, South Hams District Council will set up a website, similar to the one now well established for Neighbourhood Plans and populate it with our plans, a ‘carbon footprint’ calculator and a blog page for groups to exchange views.