Agenda and minutes

Contact: Democratic Services  Email: democratic.services@torridge.gov.uk

Items
No. Item

64.

Apologies For Absence

To receive apologies for absence from the meeting

Minutes:

Apologies for absence were received from Councillors: J Langton-Lockton,

K Carroll, K Davis, S Robinson, R Hancock and G Dezart.

65.

Council Minutes pdf icon PDF 126 KB

Confirmation of the Minutes of the Meeting of the Council held on 11 December 2017.

Minutes:

It was proposed by Councillor Langmead, seconded by Councillor Whittaker and -

 

Resolved:   That the minutes of the meeting held on 11 December 2017 be confirmed as a correct record and signed by the Chair.

 

(Vote: For 23, Abstentions 7)

 

 

Matters Arising:

 

Minute 54 – Community Governance Reviews

 

Councillor Whittaker advised that a Members Task and Finish Group had not as yet been established.  The selection of Members to sit on the Group was still ongoing.

 

Minute 63 – Bridge Buildings Marketing

 

Following an enquiry from Councillor Christie, the Head of Paid Service advised that at present there is no timescale for the production of further  reports in relation to the future of this building.

66.

Public Contributions

15 minute period for public contributions

Minutes:

Mr John Emms addressed the meeting regarding the resurfacing works in Mill Street Bideford.   He spoke positively on this matter and complimented the Authority for the investment they had made into this.  He referred to a negative viewpoint that had been made by a local fisherman, and confirmed this was not the opinion of himself or other traders.

 

Mr Emms referred to the S215 Programme and enquired as to whether this would be continuing, particularly in Mill Street.

 

Mr M Pearce addressed the meeting with regard to Agenda item 10 – Bideford Parish Neighbourhood Area Designation.  He queried why this had been included on the Agenda as it was a statutory requirement for the Council to provide support to this.  It was confirmed by the Chair that he would receive a written response.

 

Valentina Kassan addressed the meeting regarding the planting areas at Honestone Street car park.   These have become neglected and as a passionate gardener sought permission from the Council to tidy, plant and maintain these areas.   There is a small group of volunteers who are prepared to give their time, expertise and plants to this project.  Councillors Christie and McGeough had given support and both had pledged £200. She outlined the positives to this project.   A meeting had been arranged for 20 February at the Custom House at 6.30pm, when a talk will be given on the vision for Honestone Street car park.

67.

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.

Minutes:

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

68.

Agreement of Agenda Items Part I and II

Minutes:

There were no Part II items.

69.

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

Minutes:

The Chair extended a welcome to Councillor N Laws, the new Ward Member for Westward Ho!

 

Members were reminded that when voting they must either vote For, Against or Abstain to ensure that numbers tally.   Any proposed amendments to the recommendations must be written on the relevant form and signed by the proposer.

 

 

Councillor Brenton referred to the Northam Burrows old tip and questioned why this item had not been mentioned.   The Chair responded stating it was not an item on the Agenda, but would be discussed by Officers and Members in due course.   Councillor Christie referred to a presentation given about 12 years ago by South West Water, and in particular to a map he had prepared and which had been used for the presentation.  The map gave details of what could happen if the area were to flood.   

 

The Chair expressed the concerns of the Council and Northam Town Council, but reiterated his comments that this matter would not be discussed as the item was not on the Agenda.

70.

To answer questions submitted under Procedural Rule A9

Minutes:

There were no questions submitted under Procedural Rule A9.

 

71.

Relocation of Bideford Skate Park pdf icon PDF 65 KB

To receive the report of the Commercial & Leisure Services Manager.

Additional documents:

Minutes:

The Community Engagement Officer presented the report, which required ratification from Members to the recommendations made by Community & Resources Committee, to the allocation of £50,000 capital investment for the relocation of Bideford’s Skate Park facility, and for Members to agree the change of proposed location.

 

Legal advice was sought from Members who also sit on Plans Committee. The Senior Solicitor advised that the Council was acting as landowner not Local Planning Authority, so provided the discussions did not involve planning considerations, Members could still participate at Plans Committee in due course.

 

During the lengthy debate that followed, the Community Engagement Officer addressed all questions and concerns raised by Members.   These included:

 

·         King George V field – covenant allowing for a skate board park which would fit into the area.

·         Public consultation will go out in due course

·         Flooding issues – a Flood Risk Strategy will be undertaken

·         Make up of the Steering Group

·         Sound implications on neighbouring properties - Acoustic Assessment to be undertaken

·         Site being used for other purposes

·         Reasons for change of site – main issue is finance.  This proposed site is a more central, safer and cost effective option than the original proposed site.

 

With regard to the sound implications on neighbouring properties, Councillor Christie advised that he had previously raised this concern with the Officer and had received a more detailed answer.  

 

It was proposed by Councillor A Inch, seconded by Councillor Christie and –

 

Resolved:

 

That a Capital investment of £50,000 be made from the Capital budget to secure external funding of £50,000 that will allow the implementation of the first phase of a £200,000 skate project.

 

That the new proposed site on the redundant waste land within the grounds of Bideford Football Club be agreed.

 

That Officers be authorised to prepare and submit a planning application for the skate park on the identified site.

 

 

(Vote:  For 29, Against 1)

72.

Torridge District Council Built Infrastructure Strategy pdf icon PDF 520 KB

To receive the report of the Commercial & Leisure Services Manager.

 

Minutes:

The Community Engagement Officer presented the report, the purpose of which was for Members to formally adopt the Built Infrastructure Strategy as now presented.

 

The Community Engagement Officer gave a brief update.  He reminded Members that when originally presented in October 2017, Members had deemed the document to be insufficient in its content and requested that this item be deferred to enable more robust details and information to be included.

 

The Community Engagement Officer confirmed that all additional information requested had been included and presented to Members as an interactive electronic addendum to the original proposed Built Infrastructure Strategy document.   This is a living document and would be updated as and when changes occur.  It is proposed that regular consultations with the Parish Councils would be carried out, to enable updates to be made of changes within their Parish.  District Councillors were also asked to report any changes within their Wards.

 

The question of additional costs was raised during the discussion.  Members were informed that there had been no further costs involved, as the additional work  had been carried out in-house by Officers.

 

Councillor Hicks requested that, prior to the document going public, AONB  be included.   The Community Engagement Officer agreed the AONB would be included in the document.

 

It was proposed by Councillor Whittaker, seconded by Councillor Lock

and –

 

Resolved:

 

That the Authority’s Built Infrastructure Strategy, as now presented, be adopted.

 

(Vote:  For 27, Abstentions 3)

73.

Bideford Parish Neighbourhood Area Designation pdf icon PDF 33 KB

To receive the report of the Senior Planning Policy Officer.

Additional documents:

Minutes:

Councillor Pennington declared a prejudicial interest – left the room and took no part in the debate and decision making.

 

Councillor S Inch was of the opinion that all Bideford Town Councillors should declare a personal interest – dual hatted.

 

The Senior Solicitor presented the report, the purpose of which was for Members to give confirmation to the designation of Bideford Civil Parish as a Neighbourhood Area under Section 61G of the Town and Country Planning Act 1990 (as amended).

 

Councillor Brenton referred to the recommendation which he felt was for noting only by Members, and reiterated the question that had been asked by a public speaker.  The Senior Solicitor stated that the District Council had an obligation to confirm the designation of Bideford Parish as a Neighbourhood Area.   A decision made by Members at a previous Full Council meeting was that this particular aspect to be brought to Full Council each time.    Councillor Whittaker advised that at the previous Full Council meeting, the recommendation had been for delegated approval, this had been turned down by Members.

 

It was proposed by Councillor Brenton, seconded by Councillor Christie and –

 

Resolved:

 

That Bideford Civil Parish (as outlined on the map at Appendix 2 attached to the report) be designated as a Neighbourhood Area in accordance with Section 61G of the Town and Country Planning Act 1990, as amended.

 

(Vote:  For – Unanimous)

74.

Allocation of Seats to Political Groups & Membership of Committees pdf icon PDF 78 KB

To receive the report of the Head of Paid Service.

 

Additional documents:

Minutes:

The Head of Paid Service presented this item.   The purpose of the report  was for Members to agree the number of seats on the Committees allocated to each of the Political Parties and Membership of Committees.

 

Councillor Brenton proposed an additional recommendation as follows:

 

“That all Chair and Vice Chair positions to be on a pro rata basis and to be referred back to Group Leaders and then to the next meeting of Full Council”.

 

The motion was seconded by Councillor Christie.

 

The contents of the proposal above was discussed at length. Members also discussed whether the changes should be implemented immediately or be discussed and voted upon at the AGM in May. 

 

Councillor Pennington declared a prejudicial interest, but sought advice from the Senior Solicitor as Councillor Langmead had mentioned during the discussion, that he would be nominating him as Vice Chair of External Overview & Scrutiny Committee. The advice given was that a personal interest should be declared.

 

It was proposed by Councillor Brenton, seconded by Councillor Christie that standing orders be suspended.

 

Following Legal advice given by the Senior Solicitor, Councillor Brenton withdrew his proposal to suspend standing orders.

 

 A vote was taken on the proposal by Councillor Brenton and seconded by Councillor Christie, that all Chair and Vice Chair positions to be on a pro rata basis and to be referred back to Group Leaders and then to the next meeting of Full Council

 

(Vote:  For 8, Against 16, Abstentions 6)

 

The motion was lost.

 

Councillor Brenton put forward a further proposal, that the office of Leader of the Council be removed, due to there being no overall control of a political party.     No Member seconded this proposal, therefore no vote was taken.  The Senior Solicitor also advised that this motion could not be voted on under this Agenda item.

 

It was proposed by Councillor Morrish, seconded by Councillor A Inch

and –

 

Resolved:

 

·         That the number of seats on the Committees allocated to each of the Political Groups as detailed in the report be approved.

 

·         That the Membership of each of the Council’s Committees as detailed in Appendix 1 attached to the report be approved.

 

(Vote:  For 20, Abstentions 10)

75.

Appointment of Vice Chair of External and Internal Scrutiny Committees pdf icon PDF 55 KB

To receive the report of the Head of Paid Service.

 

Minutes:

The Head of Paid Service presented this item.  Nominations were invited for  the position of Vice Chair on both External and Internal Overview & Scrutiny Committees.

 

It was proposed by Councillor Langmead, seconded by Councillor Watson that Councillor Pennington be elected Vice Chair of External Overview & Scrutiny Committee.

 

Resolved:

 

That Councillor Pennington be elected Vice Chair of External Overview & Scrutiny Committee.

 

(Vote:  For 29, Abstentions 1)

 

 

It was proposed by Councillor Watson, seconded by Councillor Langmead that Councillor James be elected Vice Chair of Internal Overview & Scrutiny Committee.

 

Resolved:

 

That Councillor James be elected Vice Chair of Internal Overview & Scrutiny Committee.

 

(Vote:  For 29, Abstentions 1)

 

76.

Appointment of Lead Member for Internal Resources pdf icon PDF 46 KB

To receive the report of the Head of Paid Service.

 

Minutes:

The Head of Paid Service introduced this item, and asked for nominations for the position of Lead Member for Internal Resources.

 

It was proposed by Councillor Whittaker, seconded by Councillor Pennington that Councillor Laws be elected Lead Member for Internal Resources.

 

Resolved:

 

That Councillor Laws be elected Lead Member for Internal Resources.

 

(Vote:  For 29, Abstentions 1)

 

77.

Transforming Torridge Programme (standing item) pdf icon PDF 96 KB

To receive the report of the Strategic Manager (Resources).

 

Minutes:

The Strategic Manager (Resources) presented this item.  The purpose of the report was to provide Members with a progress report on what is the most fundamental change programme Torridge has embarked on.   

 

An update on all projects will be presented at each Full Council meeting.

 

It was proposed by Councillor A Inch, seconded by Councillor Whittaker

and –

 

Resolved:

 

That the progress made, highlighted in the report, be noted.

 

(Vote:  For – Unanimous)

78.

Petitions

To receive petitions (if any)

Minutes:

There were no petitions.

 

79.

Notices of Motion

Written Notice of Motion from Councillor J Leaper

 

That TDC takes the necessary steps to become an Accredited Real Living Wage Employer for the financial year beginning in April 2019.

 

 

Written Notice of Motion from Councillor J Leaper

 

1.    No agenda item, for full council or any committee, will be placed in Part 2 without a certificate from the monitoring officer.

 

2.    The monitoring officer’s certificate will identify the precise statutory exemption the item falls under, together with his or her reasons for certifying that it qualifies for that exemption.

 

3.    If only some of the substantive content of an officer's report, or other document, qualifies as exempted information, then the monitoring officer will identify that information and make a redacted report available to the public with the other agenda reports, at least five days before the relevant meeting, or immediately if the agenda is drawn up or revised within five days of the meeting.

 

Written Notice of Motion from Councillor D Brenton

 

a)    That TDC adopt a policy of paying its employees at least the Real Living Wage – currently £8.57 per hour, and sign up to the Living Wage Foundation.

 

b)    That all sub-contractors to TDC also pay their workers doing work for TDC the Real Living Wage.

 

Minutes:

Written Notice of Motion from Councillor Leaper

 

“That TDC takes the necessary steps to become an Accredited Real Living Wage Employer for the financial year beginning in April 2019.”

 

Councillor Leaper gave details on this item, outlining a number of points including the current wage figures, wage increases, the statutory requirements, the Living Wage accreditation, the benefits and reasons why it should be paid and the impacts for the Authority.

 

The Notice of Motion was seconded by Councillor Cottle-Hunkin.

 

Councillor Brenton gave support to this Motion, but proposed the following amendment:

 

“That this be introduced in 2018 and not 2019”.

 

Councillor Leaper was not in agreement with the amendment and gave reasons as to why she would want it to be 2019.

 

The proposed amendment was seconded by Councillor Christie.

 

Following further discussion Councillor Brenton withdrew his proposed amendment and his Motion, reiterating his support for Councillor Leaper’s Motion.

 

Councillor S Inch declared a prejudicial interest – daughter works for the Authority on a low wage - left the room, took no part in the debate and decision making.

 

 

(Vote:  For 8, Against 18, Abstentions 3) one Member out of the room

 

The motion was lost.

 

 

Written Notice of Motion from Councillor J Leaper

 

1.    No agenda item, for full council or any committee, will be placed in Part 2 without a certificate from the monitoring officer.

 

2.    The monitoring officer’s certificate will identify the precise statutory exemption the item falls under, together with his or her reasons for certifying that it qualifies for that exemption.

 

3.    If only some of the substantive content of an officer's report, or other document, qualifies as exempted information, then the monitoring officer will identify that information and make a redacted report available to the public with the other agenda reports, at least five days before the relevant meeting, or immediately if the agenda is drawn up or revised within five days of the meeting.

 

Councillor Leaper withdrew this Motion.

 

 

Written Notice of Motion from Councillor D Brenton

 

a)    That TDC adopt a policy of paying its employees at least the Real Living Wage – currently £8.57 per hour, and sign up to the Living Wage Foundation.

 

b)    That all sub-contractors to TDC also pay their workers doing work for TDC the Real Living Wage.

 

Councillor Brenton withdrew this Motion.