Agenda item

22/17

Members were presented with a comprehensive report that set out recommendations from the SH/WD Joint Steering Group (JSG) to agree in principle to establish a single second tier Council for South Hams and West Devon from 1 April 2020.

 

Prior to the introduction on this agenda item, the Chairman considered the request of a Member to suspend the five minute time limit for speeches.  Having considered this request, the Chairman did not give her consent for the time limit to be suspended.

 

During their combined introduction, the Leader and Deputy Leader made reference to:-

 

-         the recent Member event that had been held with representatives from the Department of Communities and Local Government (DCLG) and the Local Government Association (LGA).  By way of an update, the Leader highlighted three key details arising from this event that had an impact on the content of the published agenda report.  These details were as follows:

 

1.       The implementation date for a new Council would need to be put back from the initially anticipated 1 April 2019 to 1 April 2020;

2.       The Local Government Boundary Commission for England review would need to be concluded before the new Council was formed, with the 2019 Borough and District Council elections being delayed by a year to 2020; and

3.       There was the potential to introduce a longer time period to equalise Council Tax.

 

-         the potential for investment opportunities.  In highlighting potential opportunities, the Deputy Leader cited an example whereby the proposals may enable for investment to be made in areas such as affordable housing for key workers.

 

In the ensuing debate, reference was made to:-

 

(a)    an amendment.  The following amendment was PROPOSED and SECONDED:-

 

‘That the Council:

 

1.       agree to consider establishing a single second-tier Council for South Hams and West Devon from 1 April 2020;

2.       proceed to consultation with the public and stakeholders from early August to the end of September 2017 and the Council to agree the final contents of the consultation document prior to its publication;

3.       agree to hold a local referendum on establishing a single second-tier Council for South Hams and West Devon from 1 April 2020; and

4.       agree to bring to the Council as soon after the expiry of the referendum as is practically possible the result of the referendum for consideration by the Council.’

 

In support of the amendment, the proposer and seconder were of the view that a local referendum would be a more democratic method of consultation on the proposal.  In reply, other Members felt that the anticipated cost of holding a referendum (estimated to be in the region of £130,000) would not be a good use of public monies at this time.

 

When put to the meeting, the amendment was declared LOST;

 

(b)    a further amendment was then PROPOSED and SECONDED as follows:-

 

That the Council:

 

1.       agree to consider establishing a single second tier Council for South Hams and West Devon from 2024;

2.       agree to holding a referendum in South Hams with a view to raising Council Tax to meet our current financial challenges to 2024; and

3.       request to West Devon Borough Council that they also hold a referendum to raise their Council Tax to bring their financial situation into stability and on a par with South Hams District Council by 2024.

 

Whilst recognising the spirit of the amendment, some Members were of the view that, such were the budgetary pressures facing both councils between now and 2024, that they would not be able to support this amendment.

When put to the meeting, the amendment was declared LOST;

 

(c)   the proposals effectively seeking to assist West Devon Borough Council.  In opposing the proposal, a Member felt that it was inappropriate for South Hams District Council Taxpayers to effectively be asked to pay more in order to assist a neighbouring council.  In response, other Members highlighted the budget gap facing South Hams District Council and, in light of the shared services agenda, the financial health of both councils was considered to be fundamentally interlinked;

 

(d)   the draft consultation document.  A number of Members stated their disapproval at the quality of the draft consultation document.  These Members felt that, as drafted, the document was disingenuous and unbalanced.  In addition, a Member specifically asked that the published consultation document made it absolutely clear that an upwards equalisation in Council Tax would only affect residents who lived in the South Hams.

 

As a way forward, it was suggested that delegated authority should be given to the SH/WD Joint Steering Group (JSG) to agree the final contents of the consultation document prior to its publication.  As a further assurance, it was agreed that all Members would be invited to make their comments on a revised draft document prior to the JSG taking its final decision, with the Chairman of Council and Chairman of the Overview and Scrutiny Panel also having a key advisory role in this process.

 

To ensure that, prior to its publication, any consultation document could be considered to be balanced, some Members felt that an independent person (e.g. a representative from the Local Government Association) should review the final draft version.  As a consequence, the following addition was PROPOSED and SECONDED and on being put to the vote was declared CARRIED and became part of the substantive motion:-

 

‘That the Council task an independent person with reviewing the final version of the draft consultation document prior to its publication.’

 

In addition, some Members felt that, such were the extent of the changes required to the consultation document, that these would take time to be deemed acceptable.  Therefore, the following addition was PROPOSED and SECONDED:

 

‘That the consultation period runs for a six week period from 24 August to 5 October 2017.’

 

When debated, the majority of Members did not support this addition that would effectively shorten the consultation period and reference was made to some community consultation effects that would take place before 24 August 2017.

 

     When put to the vote, this addition was declared LOST;       

 

(e)    the Commercial Property Acquisition Strategy.  Some Members expressed their disappointment that colleagues at West Devon Borough Council had recently decided to approve and implement a Commercial Property Acquisition Strategy.  In the event of the One Council proposal being approved, these Members were frustrated that the risks associated with such a Strategy would then become a risk for South Hams residents;

 

(f)      alternative options to bridge the budget gap.  A number of Members asked that all other possible alternative options be presented (and informally considered) before the One Council proposal was re-considered in October 2017. 

 

In accordance with Council Procedure Rule 15.5, a recorded vote was then undertaken on the motion.  The voting on this motion was recorded as follows:-

 

For the motion (22):      Cllrs Bastone, Blackler, Brown, Cane, Cuthbert, Foss, Gilbert, Green, Hawkins, Hicks, Hitchins, Holway, Hopwood, May, Pringle, Rowe, Saltern, Smerdon, Steer, Tucker, Wingate and Wright.

 

Against the motion (8):Cllrs Baldry, Birch, Bramble, Brazil, Hodgson, Huntley, Pennington and Vint.

 

Abstentions (1):            Cllr Pearce

 

Absent (0):                                 

 

It was then:

 

RESOLVED

That the Council:

 

1.   agree to consider establishing a single second-tier Council for South Hams and West Devon from 1 April 2020;

 

2.   proceed to consultation with the public and stakeholders from early August through to the end of September 2017, with delegated authority being given to the SH/WD Joint Steering Group to agree the final contents of the consultation document prior to its publication;

 

3.       agree to bring back to Council for consideration (as soon after the expiry of the consultation period as is practically possible) the outcome of the consultation together with the final Proposal for submission to the Secretary of State; and

 

4.       task an independent person with reviewing the final version of the draft consultation document prior to its publication.