to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1
a. From Cllr Hodgson and Cllr Rose
‘With the draft Climate and Biodiversity Action Plans emerging from South Hams District Council Climate, Devon County Council as well as many of our town and parish council’s, we are reaching an important point at which we need to commence implementation. This Council therefore commits to reviewing and aligning all our other plans and policies as well as our practices to ensure we meet our targets on carbon reduction and prioritise proactive protection and conservation of our natural environment and wildlife heritage. By doing so we will ensure a prosperous future for our people, our wildlife and our planet for generations to come.’
b. From Cllr Hodgson and Cllr Rose
‘The new Government planning proposals could strike at the heart of South Hams and undermine the future and quality of our natural and built heritage and outstanding landscape. This Council therefore commits to recruit more Conservation officers into its planning team to enable applications and appraisals for new and extended protective designations of our AONB and Conservation areas to ensure their future protected.’
c. From Cllr Brazil and Cllr Baldry
‘The increase in housing numbers proposed by the Government's planning reforms would be a disaster for the South Hams. Yet more of our countryside would disappear under concrete. This Council will challenge the government by way of Judicial Review if anything but objectively assessed housing numbers are forced upon us. Housing numbers should reflect both local need and type of housing only.'
d. From Cllr Abbott and Birch
‘Whilst recognising the valuable work being undertaken by the SHDC Officers in addressing the issues arising out of the Covid-19 pandemic Council resolves to assist those residents and businesses within the District who are affected by the import and/or export problems arising at the end of the Transition Period for leaving the European Union. In identifying such residents and businesses the officers allocated to providing such assistance be supported by Members in locating those in need.’
Minutes:
33/20
It was noted that four motions had been received in accordance with Council Procedure Rule 10:
(a) By Cllrs Hodgson and Rose
‘With the draft Climate and Biodiversity Action Plans emerging from South Hams District Council Climate, Devon County Council as well as many of our town and parish council’s, we are reaching an important point at which we need to commence implementation. This Council therefore commits to reviewing and aligning our other plans and policies as well as our practices (where possible) to ensure we meet our targets on carbon reduction and prioritise proactive protection and conservation of our natural environment and wildlife heritage. By doing so we will ensure a prosperous future for our people, our wildlife and our planet for generations to come.’
In discussion, it was noted that, if approved, the motion would send a clear message to the public that Climate Change and Biodiversity was a key consideration for the Council that was to be embedded into its culture and working practices.
It was then:
RESOLVED
With the draft Climate and Biodiversity Action Plans emerging from South Hams District Council Climate, Devon County Council as well as many of our town and parish council’s, we are reaching an important point at which we need to commence implementation. This Council therefore commits to reviewing and aligning our other plans and policies as well as our practices (where possible) to ensure we meet our targets on carbon reduction and prioritise proactive protection and conservation of our natural environment and wildlife heritage. By doing so we will ensure a prosperous future for our people, our wildlife and our planet for generations to come.
(b) By Cllrs Hodgson and Rose
‘The new Government planning proposals could strike at the heart of South Hams and undermine the future and quality of our natural and built heritage and outstanding landscape. This Council therefore commits to recruit more Conservation officers into its planning team to enable applications and appraisals for new and extended protective designations of our AONB and Conservation areas to ensure their future protected.’
In her introduction, the proposer put forward an updated motion (that was subsequently seconded) that read as follows:
‘The new Government planning proposals could strike at the heart of South Hams and undermine the future and quality of our natural and built heritage and outstanding landscape. This Council therefore commits to recruit additional, appropriately qualified Conservation Officers into its planning team, to enable timely Conservation Area appraisal, designation and management, and to provide much needed capacity for the effective handling of casework related to designated and non-designated buildings heritage within the South Hams, to ensure their future is fully protected.’
The proposer proceeded to inform that her motion had been submitted in response to the Central Government proposed planning reforms. In highlighting the reforms, the proposer was of the view that these were likely to have a major detrimental impact on the South Hams. To ensure a consistency of approach, the proposer was of the view that there was a need for increased capacity within the planning service and specifically for additional Conservation Officers to be recruited.
In the ensuing debate, reference was made to:-
- Central Government having updated its planning policy guidance since this meeting agenda had been published. As part of this updated guidance, the Leader informed that the housing numbers had been revised. As a result, the housing numbers for the South Hams that were set out in the adopted Joint Local Plan still stand and will not be altered;
- current legislation providing considerable protection to Conservation Areas;
- a review into the capacity of the planning team that would include Conservation Officers. On the basis that a review was imminent, an amendment to the motion was PROPOSED and SECONDED that read as follows:
‘The new Government planning proposals could strike at the heart of South Hams and undermine the future and quality of our natural and built heritage and outstanding landscape. This Council therefore seeks to encourage timely Conservation Area appraisal, designation and management, and will comply with its statutory obligations when making decisions relating to designated and non-designated heritage assets within the South Hams, to ensure their future is fully protected.’
In the debate on the amendment, reference was made to:-
- Neighbourhood Planning Groups being very well versed in the production of local Conservation Area Appraisals;
- the incredible natural resources within the South Hams being acknowledged and a Member emphasised that there was a need for the Council to do everything within its powers to protect these resources;
- the amendment not specifically making reference to a review into the capacity within the planning service;
When put to the vote, the amendment was declared CARRIED;
It was then:
RESOLVED
The new Government planning proposals could strike at the heart of South Hams and undermine the future and quality of our natural and built heritage and outstanding landscape. This Council therefore seeks to encourage timely Conservation Area appraisal, designation and management, and will comply with its statutory obligations when making decisions relating to designated and non-designated heritage assets within the South Hams, to ensure their future is fully protected.
(c) By Cllrs Brazil and Baldry
‘Any increase in housing numbers proposed by the Government would be a disaster for the South Hams. Yet more of our countryside would disappear under concrete. This Council will challenge the government by way of Judicial Review if anything but objectively assessed housing numbers are forced upon us. Housing numbers should reflect both local need and type of housing only.'
In the debate on the motion, the following points were raised:
- A Member expressed her concerns at the reference to Judicial Review in the motion. In particular, since the Council had produced its Joint Local Plan in partnership with Plymouth City Council and West Devon Borough Council, it would require the support of those two neighbouring authorities to invoke a Judicial Review. At the request of the Chairman, the Monitoring Officer confirmed that these comments were correct. As a result, an amendment was PROPOSED and SECONDED that read as follows:
‘Any increase in housing numbers proposed by the Government would be a disaster for the South Hams. This Council will challenge the Government by whatever means are considered appropriate and reasonable at the time if anything but objectively assessed housing numbers are forced upon us. Housing numbers should reflect both local need and type of housing only.'
In discussion on the amendment, reference was made to:
- the tone of the motion being diluted by the amendment. Furthermore, the view was expressed that the motion, as originally drafted, was a statement of intent for local residents that demonstrated that the Council was prepared to stand by them and oppose planning reforms;
- the extensive costs of invoking a Judicial Review against Central Government. To counter this view, other Members were of the view that these costs could be offset via Crowdfunding;
When put to the vote, the amendment was declared CARRIED;
- A further amendment was then PROPOSED and SECONDED as follows:
‘Any increase in housing numbers proposed by the Government would be a disaster for the South Hams. This Council will seek to challenge the Government by Judicial Review (if appropriate) working with other local stakeholders if anything but objectively assessed housing numbers are forced upon us. Housing numbers should reflect both local need and type of housing only.'
In support of his amendment, the proposer highlighted the closeness of the vote on the previous amendment and felt that there was a desire from a number of Members to include a statement of intent (i.e. by including the potential for Judicial Review) within the motion.
At this point, the Monitoring Officer reiterated that, in order to invoke a Judicial Review, there was a need for appropriate grounds. As drafted, reference to ‘any increase’ (e,g. an increase of one house) could imply that the Council would trigger a Judicial Review and that would clearly be an unreasonable course of action. As a result, the Monitoring Officer cautioned against the Council voting in favour of the amendment.
When put to the vote, the amendment was declared LOST.
It was then:
RESOLVED
Any increase in housing numbers proposed by the Government would be a disaster for the South Hams. This Council will challenge the Government by whatever means are considered appropriate and reasonable at the time if anything but objectively assessed housing numbers are forced upon us. Housing numbers should reflect both local need and type of housing only.
(d) By Cllrs Abbott and Birch
‘Whilst recognising the valuable work being undertaken by the SHDC Officers in addressing the issues arising out of the Covid-19 pandemic Council resolves to assist those residents and businesses within the District who are affected by the import and/or export problems arising at the end of the Transition Period for leaving the European Union. In identifying such residents and businesses the officers allocated to providing such assistance be supported by Members in locating those in need.’
In his introduction, the proposer put forward an updated motion (that was subsequently seconded) that read as follows:
‘Whilst recognising the valuable work being undertaken by the SHDC Officers in addressing the issues arising out of the Covid-19 pandemic, Council resolves to assist those residents and businesses within the District who are affected by the import and/or export problems arising at the end of the Transition Period for leaving the European Union using our established joint working arrangements across Devon and that are reflected in our existing work programmes and resources to do so.’
In discussion, reference was made to:
- the comments of the proposer. The proposer highlighted some of the global pressures that were continuing to harm residents and businesses and stressed the likelihood that 2021 was to be another difficult year. As a service provider, the proposer felt that the Council should continue to support local residents and businesses in these uncertain times;
- widespread support being expressed for the updated motion;
- the motion recognising that support would be provided from within the existing resources of the Council.
It was then:
RESOLVED
Whilst recognising the valuable work being undertaken by the SHDC Officers in addressing the issues arising out of the Covid-19 pandemic, Council resolves to assist those residents and businesses within the District who are affected by the import and/or export problems arising at the end of the Transition Period for leaving the European Union using our established joint working arrangements across Devon and that are reflected in our existing work programmes and resources to do so.