Agenda and draft minutes

01/24              

The Chairman welcomed all in attendance and informed that this was the first formal Member meeting since former Councillors Ian Blackler and Judy Westacott MBE had sadly passed away.  In paying tribute to both, the Chairman reflected on their tireless service to their respective communities and their work for local charities.

As a mark of respect, the Council proceeded to stand and observe a moment’s silence in their memory.

02/24              

The Chairman highlighted the success of the inaugural South Hams Community Awards and congratulated all of those individuals and Community Groups who had been nominated. 

In recognition for their fantastic work to support communities across the South Hams District, the Chairman presented the following awards to the worthy winners:

-           Organisation Award (joint winners): ‘Dementia-Friendly Parishes Around the Yealm’ and ‘Kingsbridge Foodbank’;

-           Community Champion Award (joint winners): Robin Cox and Peter Davis; and

-           Young Persons Award (for under 18s): Kieran Grills.

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

03/24              

Having sought nominations for the role of Chairman of the Council, it was then:

RESOLVED

That Cllr B Taylor be elected Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2025.

Cllr Taylor subsequently declared and signed his acceptance of office.

04/24  

During his address, Cllr Taylor made specific reference to:-

-        his honour at being elected as Chairman of the Council and his wish to put on record his particular thanks to Cllr Pannell for the manner in which he had chaired the Council during the 2023/24 Municipal Year;

-        his gratitude to all Members of the Council for their unanimous support following his nomination to the role of Chairman of the Council;

-        his hope that the Council would continue to work together (irrespective of party politics) to specifically deliver upon the corporate priorities relating to affordable housing and climate change and biodiversity;

-        his wish to welcome Alderman John Tucker and past Councillors Mr Richard Foss and Mrs Rosemary Rowe to this meeting of Annual Council;

-        the unwavering support provided by his wife; and

-        his chosen charities for his year of office being the British Diabetic Association and the British Heart Foundation.

(a)   Cryptosporidium Update

At his discretion, the Chairman invited the lead Executive Member and a local Ward Member to provide an update to the meeting on the recent Cryptosporidium outbreak at Brixham, Kingswear and surrounding areas.

In so doing, the Members made particular reference to:

o   their concern for residents who had been so unwell and had been so poorly treated by South West Water.  Both Members were of the view that affected residents should have been better compensated following the outbreak;

o   the response to the outbreak having been supported by the Council’s Environmental Health team and lead officers were thanked accordingly; and

o   the need for an independent investigation to be carried out into how the outbreak had started and how South West Water had responded.

05/24   

In proposing and seconding the vote of thanks to the retiring Chairman, particular reference was made to the manner in which he had chaired Council meetings.  During his year of office, the retiring Chairman had demonstrated impartiality and a huge desire to be inclusive of all Members.  In addition, the view was expressed that Cllr Pannell had represented the Council with much credit and emphasis was given to the enjoyable events that he had hosted.

It was then:

RESOLVED

That the thanks of the Council be extended to Cllr Pannell for the manner in which he had performed his duties during his term of office as Chairman of the Council.

06/24  

At the invitation of the meeting, the retiring Chairman thanked Members for their kind comments and provided an overview of what the role of the Chairman entailed, highlighting the events that he undertaken in the role over the preceding six weeks.

In closing his address, Cllr Pannell made reference to having raised in the region of £2,000 for his chosen charity, the RNLI Dartmouth Boat Station appeal and he proceeded to thank Members and Officers for their support in this regard.

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

07/24  

RESOLVED

That Cllr G Pannell be appointed Vice Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2025.

Cllr Pannell subsequently declared and signed his acceptance of office.

to approve as a correct record the minutes of the meeting of the Council held on 21 March 2024;

08/24  

The minutes of the meeting of Council held on 21 March 2024 were confirmed as a correct record.

In accordance with the Code of Conduct, Members are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests including the nature and extent of such interests they may have in any items to be considered at this meeting;

09/24              

Members were invited to declare any interests in the items of business to be considered during the course of the meeting but there were none made.

10/24  

In providing his annual statement, the Leader made particular reference to:

-        his pride at the success of the first year of the new Council administration.  Further, the Leader wished to thank all of the non-Liberal Democrat Group Members for embracing his vision of a co-operative approach for the Council and he cited the Freeport and the Dartmouth Park and Ride projects as being excellent examples of this approach;

-        the South Hams being a wonderful place in which to live and work;

-        the hard work now beginning following the recent adoption of the Council Plan; and

-        his recruitment of an additional (ninth) Executive Member.  In so doing, the Leader advised that, with effect from today, he had appointed Cllr Dommett to serve on the Executive and she would initially be leading on two projects: the installation of Solar Photo Voltaic panels on Council Leisure Centres and supporting Cllr McKay on the delivery of local food and produce.

to approve a review carried out in consultation with leaders of the Political Groups.  This is reflected in the list of Council Bodies – see item 11 below;

to follow

11/24  

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 three Political Groups.

It was then:

RESOLVED

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

§  A Liberal Democrat Group of 19 Members;

§  A Conservative Group of 7 Members;

§  A Green Party Group of 3 Members;

§  A Labour Party Member; and

§  An Independent Member; and

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 2024/25 Municipal Year:-

a)    Audit & Governance Committee;

b)    Council Tax Setting Committee;

c)    Development Management Committee;

d)    Licensing Committee; and

e)    Overview & Scrutiny Committee.

To follow

12/24  

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

It was then:

RESOLVED

That, for the 2024/25 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 2024/25 Municipal Year:-

a)    Audit & Governance Committee;

b)    Council Tax Setting Committee;

c)    Development Management Committee;

d)    Licensing Committee; and

e)    Overview & Scrutiny Committee.

To follow

13/24  

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

It was then:

RESOLVED

That the Chairmen and Vice Chairmen of the Bodies of the Council for the 2024/25 Municipal Year be as indicated below:-

to agree to the appointment of the following Groups for the 2024/25 Municipal Year:-

a)         Devon Building Control Partnership;

b)         Director – Plymouth & South Devon Freeport;

c)         Joint SH/WD/Plymouth Local Plan Partnership Board;

d)         Member Development Steering Group

e)         Rate Relief Panel;

f)          Slapton Line Steering Group;

g)         South Devon National Landscapes Partnership Committee; and

h)         Tamar Valley National Landscapes Partnership Committee.

To follow

14/24  

Members proceeded to consider the appointment for the 2024/25 Municipal Year of the:-

a)     Armed Forces Covenant Champion;

b)     Devon Building Control Partnership;

c)     Director – Plymouth & South Devon Freeport;

d)     Joint SH/WD/Plymouth Local Plan Partnership Board;

e)     Member Development Steering Group;

f)      Rate Relief Panel;

g)     Slapton Line Steering Group;

h)     South Devon National Landscapes Partnership Committee; and

i)       Tamar Valley National Landscapes Partnership Committee.

It was then:

RESOLVED

That the number, size and appointment of the Governance Boards / Panels of the Council for the 2024/25 Municipal Year be approved, as shown in Appendix B to these minutes.

to agree to the appointment of Members as representatives on Outside Bodies for the 2024/25 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.

To follow

15/24  

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.

In discussion, the importance of appointed representatives providing regular feedback to the wider membership was emphasised and it was felt that the Overview and Scrutiny Committee could have a role to play in reviewing the list of Outside Bodies to which the Council annually appoints.

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 C to these minutes be appointed as the Council’s representatives to those Bodies for the 2024/25 Municipal Year, and that, for the purposes of Members’ Allowances, attendance at meetings of these bodies be regarded as an approved duty; and

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

16/24  

The Council considered a report that sought approval for the appointment, until the next annual meeting, of five persons as Independent Persons to assist in the discharge of the Council’s arrangements for dealing with standards complaints.

The report also sought approval for authority to be delegated to the Section 151 Officer, in consultation with the Chairman and Vice-Chairman of the Audit & Governance Committee, to appoint the ‘Independent Person’ to serve on the Audit & Governance Committee.

It was then:

RESOLVED

1.  That the following persons be appointed as Independent Persons for the remainder of the 2023/27 Council administration:

o   George Barnicott

o   Peter Boreham

o   Martin Gleed

o   Trevor Kirkin

o   Victoria Spence; and

2.  That authority be delegated to the Section 151 Officer, in consultation with the Chairman and Vice-Chairman of the Audit & Governance Committee, to appoint the ‘Independent Person’ to serve on the Audit & Governance Committee for the reminder of the 2023/27 Council term.

17/24  

The Council gave consideration to a report that presented the Council Constitution and the changes made to it by the Monitoring Officer under delegated powers. The changes were set out in Appendix A of the presented report.

In discussion, some minor typographical amendments were highlighted for incorporation and the Monitoring Officer committed to making these changes and ensuring that the updated version was publicly available on the Council website within the next few weeks.

It was then:

RESOLVED

1. That a co-opted independent member to the Audit and Governance Committee be appointed; 

2. That the proposed changes to the Council’s Constitution as set out in Appendix A of the presented report be approved;

3. That the Constitution as amended be adopted; and

4. That the Monitoring Officer will report further to the Audit and Governance Committee and/or Council on changes to the Contract Procedure Rules required due to the implementation of the Procurement Act 2023 in October 2024.

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

* Indicates minutes containing recommendations to Council.

18/24                              

RESOLVED

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

(a) Development Management Committee - 13 March 2024

(b) Overview & Scrutiny Committee - 14 March 2024

(c)  Audit & Governance Committee - 21 March 2024

With regard to recommendation AG.40/23 (2024/25 Capital Strategy, 2024/25 Treasury Management Strategy And 2024/25 Investment Strategy), it was noted that this item had already been considered at the Council Meeting held on 21 March 2024 (Minute 58/23 refers).

(d) Audit & Governance Committee - 28 March 2024

(e) Development Management Committee - 10 April 2024

(f) Executive - 18 April 2024