Agenda and minutes

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No. Item


Apologies For Absence

To receive apologies for absence from the meeting


Apologies for absence were received from Councillors J Himan, J Hutchings,

I Parker, J Langton-Lockton, A Boyle, A Dart, K James, B Boundy and

C Cottle-Hunkin.


Council Minutes pdf icon PDF 72 KB

Confirmation of the Minutes of the Meeting of the Council held on 10 December 2018.


It was proposed by Councillor Langmead, seconded by Councillor Watson

and -


Resolved:   That the minutes of the meeting held on 10 December 2018 be confirmed as a correct record and signed by the Chair.


(Vote: For 20, Abstentions 6)


Matters Arising:


Minute No. 29 – Adoption of a ‘Statement of Licensing’ Policy and Gambling Statement of Principles


Following an enquiry from Councillor Brenton,  the Senior Solicitor confirmed that this matter had not yet been presented at Licensing Committee.


Minute 33 -  Heart of the South West – Joint Committee – Council Update


Councillor Christie referred to the Local Industrial Strategy and requested an update re Appledore Shipyard following enquiries from members of the public. 


Councillor Whittaker gave the following update:


·         A further meeting of the Task Force had been scheduled for the end of January.


·         Mr Tim Jones, Chief Executive of South West Business Council, who had been liaising direct with the Head of Paid Service, had taken the lead in this matter and had been showing potential buyers around the Shipyard.   The Head of Paid Service confirmed that there are interested parties who wished to remain anonymous at this stage.


·         Letters had been written to Geoffrey Cox MP.


·         Councillor Whittaker and Head of Paid Service to attend a meeting in Cullompton  on Friday where this matter will be raised and discussed.


Concerns were raised that information had not been shared with Councillors, particularly those Councillors within the Appledore Ward.  The Head of Paid Service explained she was unable to share information with Members, due to the potential buyers not wishing to have the information in the public domain at this time.  The concerns to be fed back to the Task Force Group.





Public Contributions

15 minute period for public contributions


Mr David Glaholm addressed the meeting on the following two matters:


  • The need for a designated Muslim burial ground within the Bideford Area. 


  • Mr Glaholm referred to the minutes of the Full Council meeting held in December, and expressed his support for the re-siting of the War Memorial in Bideford as mentioned by Mr Wileman under public contributions.  He stated that this issue had been raised at a Manor Court Ceremony a few years ago.  The Chair, Councillor S Inch, advised that this was a matter Bideford Town Council had looked into, but the consensus from feedback received was it should not be moved.



A response to be sent to Mr Glaholm.


Declarations of interest

Members with interests to declare should refer to the Agenda item and describe the nature of their interest when the item is being discussed.


Members were reminded that declarations of interest should be made as and when the specific agenda item to which they related was under discussion.


Agreement of Agenda Items Part I and II


The Chair informed the meeting of a change in the Agenda order.  Agenda Item 6 to be considered in Part II – the Head of Paid Service to update Members on confidential and sensitive matters.


It was proposed by Councillor Langmead, seconded by Councillor Whittaker that Agenda item 6 be considered in Part II –


(Vote:  For 25, abstentions 1)


To consider correspondence or other business especially brought forward by the direction of the Chair


This item to be considered in Part II.


To answer questions submitted under Procedural Rule A9


A question was submitted by Councillor Pennington under Procedural Rule A9.


In accordance with the Constitution, a written answer to the question had been circulated to all Members.




On the 5th March 2018 at the Community and Resources Committee the Commercial and Leisure Service Manager produced a report on Section 106 monies relating to Westward Ho.  This report did not show any details relating to the Pebbleridge.


On the 18th December at the Internal Overview and Scrutiny Meeting a further schedule was tabled (not in the agenda  report pack but at the meeting on the day).    The Pebbleridge is listed as having a £11513.00 contribution which had not been allocated to a particular use.  The schedule shows the monies being allocated in the yr 2017/18.


·         Can an explanation be given for difference in the reports?

·         When did TDC first know that Section 106 monies might be reasonably expected?

·         When was the monies actually received?.



The report to March C&R did not include details of the Pebble Ridge Road Off Site Recreation contribution because we did not hold those funds at that time.  The table of S106 contributions that we keep and that is publically accessible on the web site is a list of funds held by the Council.  We do not include details of agreements that have been negotiated but the funds not yet released as we might never receive these funds if situations change.  The Pebbleridge Off site Recreation S106 was negotiated in year 17/18 but the funds were not due to be released until the first unit of that scheme was occupied.


In December at O&S External an updated version of the table was presented to members and this did include details of the Pebbleridge Road Off Site Recreation S106.  The table is kept up to date, is publically available on the website and had been showing details of the S106 since September 2018.

The funds are not yet allocated and are not marked on the table as being so.  Use of the money is limited to schemes that provide play or recreational opportunities in Westward Ho!.  In advance of the funds being allocated the relevant ward member is consulted as they should have been as the S106 was being negotiated.  In this case former Cllr Le Maistre was consulted in the negotiation process as that preceded the election of Cllr Laws.


More specifically, in answer Cllr Pennington’s three questions;


a)         I hope the paragraphs above do this but the simple answer is that we did not hold the S106 funds in March and we did hold the funds in December.  The table only shows funds held by the Council.

b)         We had placed no expectation of timing on receipt of these funds other than that the developer was obliged to release the funds prior to occupation of the first unit of residential accommodation.


c)         Funds received 23/08/18


The issue of S106 Agreements and consulting with Ward Members was  ...  view the full minutes text for item 44.


Polling District and Polling Places Review 2018 pdf icon PDF 69 KB

To receive the report of the Head of Paid Service

Additional documents:


The Head of Paid Service presented the report, the purpose of which was for Members to agree the proposals of the Returning Officer, following a review of Polling Districts and Polling Places within the Torridge District.


It was proposed by Councillor Watson,  seconded by Councillor Hackett and –




1.    That the Community Hub, Broadwoodwidger be the polling place for polling district GQ Broadwoodwidger (Ivyhouse) and GR Broadwoodwidger (Thorn Cross)


2.    That Thornbury Holiday Park, Holsworthy be the polling place for polling district IO Thornbury



(Vote:  For - Unanimous)


Pay Policy requirements of the Localism Act pdf icon PDF 56 KB

To receive the report of the Deputy Leader & HR Manager

Additional documents:


The Head of Paid Service and Strategic Manager (Resources) left the room.


This item was introduced by the Senior Solicitor who explained that the purpose of the report was for Member agreement to a Pay Policy Statement, in accordance with the requirements of the Localism Act.  The report did not call for Members to agree to any changes to the Pay Policy or the remuneration of Senior Officers.


Following a brief discussion, it was proposed by Councillor S Inch, seconded by Councillor Whittaker  and –




That the Pay Policy be approved.


(Vote:  For 20, against 5, Abstentions 1)



To receive petitions (if any)


There were no petitions.



Notices of Motion


There were no notices of motion.



Exclusion of the Public


It was proposed by Councillor S Inch, seconded by Councillor Lock and –




That under Section 100(a)(4) of the Local Government Act (as amended) the public be excluded from the meeting for the following items of business because of the likely disclosure of exempt information by virtue of Paragraph 3 of Part 1 and Paragraph 10 of Part 2 of Schedule 12A of the Local Government Act 1972.


(Vote: For – Unanimous)




Agenda item 6 – To consider correspondence or other business especially brought forward by the direction of the Chair


The Head of Paid Service gave a verbal update on three confidential, commercial and sensitive matters.


In relation to the first matter, Councillors Pennington and Brenton declared prejudicial interests, left the room and took no part in the discussions.


In relation to the third matter, Councillor Morrish declared a prejudicial interest, left the room and took no part in the discussions.



It was proposed by Councillor Langmead, seconded by Councillor A Inch that the press and public be re-admitted.


(Vote:  For – Unanimous)