Agenda and minutes

To receive apologies for absence from the meeting

Apologies for absence were received from S Dorey (Head of Legal & Governance and Monitoring) and Councillors:  M Brown, C Cottle-Hunkin,

R Craigie, A Dart, L Ford, J Gubb, D Jones, C Hawkins, J Manley,

S Langford, R Lock and P Watson

Confirmation of the Minutes of the Meeting of the Council held on 31 October 2022.

It was proposed by Councillor D Bushby, seconded by Councillor R Clarke and -

Resolved:   That the minutes of the meeting held on 31 October 2022 be agreed subject to the following amendments:

Minute 76 – Active Travel

Councillor Hames requested the following information be included in his update:

Page 7 - 6^th paragraph down - ……. detailed proposed cycle walking routes “as part of the Barnstaple Bideford and Northam Local Cycling and Walking Infrastructure Plan (LCWIP)”

Page 7 –10^th paragraph down – …… taken into “full consideration in the report going with the results of the LCWIP Consultation”.

Following a question as to whether the chronological order for minutes 78 and 81 was correct and clarification given by the Chief Executive, Members believed an amendment was not required.

(Vote: For - unanimous)

The Action List was reviewed and updated.

15 minute period for public contributions.   The deadline for registering to speak is by 2pm Thursday 8 December 2022.  To register please email

Dem.services@torridge.gov.uk

The Chair informed the meeting of two public contributions, both wishing to speak on the proposed housing development at South Street Car Park, Gt. Torrington.

Councillor Inch made it clear that at the present time it is not a proposed housing development site. 

The first speaker was Anne Tattersall who thanked certain Councillors for responding to the letter she had previously circulated and expressed her displeasure at those who did not respond.   She spoke vehemently objecting to the above, outlining reasons which included –

·         Going against the Gt Torrington Neighbourhood Plan

·         Not sustainable for Gt Torrington if car park is taken away

·         The Council have stripped assets for too long – already taken away two car parks

·         Proposal not viable therefore wasting taxpayers money by having Viability Study undertaken

and finally suggesting the proposal be taken off the table.

The second speaker was Yvonne Matthews who said they were not objecting to affordable housing but was objecting to the proposed plan to build houses on South Street Car Park.   It is prime land with glorious views and if affordable now, they will not be further down the line.  She outlined her reasons for objecting to the development and the key issues identified by the Planned Steering Group in 2018.  There is a major issue with public car parking in the Town Centre due to loss of part of New Road Car Park and proposed restrictions on the street parking.  She highlighted how essential existing car parks are to the well being of the Town and how they often reach full capacity when events are organised.

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.

It was proposed by Councillor D Bushby, seconded by Councillor T Inch      and –

Resolved:

That the Agenda as circulated be agreed.

(Vote:  For – unanimous)

The following matters were raised by the Chair:

Wanted to send his and Members condolences and thoughts to Councillor Lock at this very sad time.

Thanks was also given to Councillor Hutchings following his resignation as Ward Member for Holsworthy. 

In response to a query raised by Members, the Chief Executive confirmed the reasons as to why Brunswick Wharf was not on the agenda, and that it would be brought forward on the agenda for the 30 January.

A Question had been submitted by Councillor C Hodson under Procedural Rule A9.

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

Question from Councillor Hodson

Concerns have been raised by Members of this Council about the perceived lack of enforcement action relating to derelict buildings in the Ward of Westward Ho! These premises are a blight on the landscape of Torridge’s principal tourist resort.

Atlantic Flats, in private ownership, would appear to be only fit for demolition.  Despite continuous reports of trespass by young persons and alleged illegal practices and transactions taking place within the ruins, neither the Council, the Police or the owner have been able to progress a resolution.

The West Beach site, currently in the hands of the Receiver, has remained as a partly constructed block of flats, which although fenced has attracted trespassers who have entered the grounds, have climbed up several floors and graffiti tagged the windows.

The perpetrators, that have been witnessed by residents of neighbouring properties, are exposed to considerable risk of injury or indeed fatality.  It is not perceived as acceptable to the community that none of the statutory bodies are able to remedy this significant issue.

I am therefore asking for a written response which outlines the powers of the Local Authority and any constraints or limitations in taking enforcement action. 

Answer

Planning Powers – Town and Country Planning Act 1990

From a planning perspective, the only option open to us is a S215 Notice.  The wider development options, including the suggestion that the landowner gets a developer on board, which would clearly be the best way forward have been discussed with him and discounted at this time.

Interestingly, the Council has not received a public complaint regarding Atlantic Flatlets and a s215 notice has not been discussed in recent history.

Planning Enforcement Officers have advised that they drive past this site on a reasonably regular basis. They consider that this building may be suitable for a s215 notice subject to the usual discussions (the largest of these is ascertaining what the Council could reasonably demand of the landowner through the notice and the appropriate time for compliance) and consideration of the following:

Good Practice Guide

“Local Planning Authorities (LPAs) would be well advised to ensure that the notices they issue are clear, precise and unambiguous. The letters should aim to achieve a good quality, lasting solution. Where necessary, specialist input should be sought at an early stage, for example from the LPA’s Conservation or Building Control Officers, or independent engineers with expertise. It would be prudent for all letters to be subject to scrutiny by the LPA’s legal advisers. Provided the notice is skilfully composed, the requirements are clear, and the LPA has a precise timescale then, if anything goes awry, the LPA has certain formal remedies provided within law to which it can resort. Section 215 action should not be taken against land the poor condition of which is attributable in  ...  view the full minutes text for item 90.

To receive petitions (if any)

There were no petitions.

To receive the report of the Section 151 Officer

The S151 Officer presented the report, the purpose of which was to seek Member approval to introduce a banded income scheme for Local Council Tax Support (LCTS) with the intention that it is introduced from the 1 April 2023.

The Revenues & Benefits Manager assisted with the presentation of the report.

A detailed slide presentation was delivered highlighting the following salient points:

·         the new proposal and the advantages;

·         findings from the consultants;

·         thresholds for support;

·         impact of proposed changes;

·         results of the consultation to which 186 people responded.

Councillor Hodson, Lead Member for Finance, updated Members on the work carried out by the Member Budget Working Group in order to create this Scheme. Covid had delayed the implementation, however the new scheme had now been finalised and was fully supported.  She recommended the Scheme be approved.

Councillor Newton, Lead Member for Revenues & Benefits, addressed the meeting also conveying his support for the Scheme.

It was proposed by Councillor C Hodson, seconded by Councillor S Newton       and –

Resolved:

That Officers be authorised to introduce, effective from 1 April 2023, an Income Banded Scheme for Local Council Tax Support, subject to available resources from the Council’s software provider Capita.   In the event that Capita cannot provide significant resources to allow implementation by 1 April 2023, the introduction of a band scheme effective from 1 April 2024 be approved.

(Vote: For – unanimous)

To receive the report of the Finance Manager and Section 151 Officer

The purpose of the report, presented by the Finance Manager and Section 151 Officer, was for Member approval to set the Council Tax baseline for 2023/24.

It was proposed by Councillor T Inch, seconded by Councillor R Clarke         and –

Resolved:

That the Council Tax Base for 2023/24 be agreed.

(Vote: For – unanimous)

To receive the report of the Member Budget Working Group

A report from the Member Budget Working Group (MBWG) was presented jointly by the Deputy Leader, Councillor Hodson and the Finance Manager (S151 Officer).  The purpose of the report was to update Members on further proposals from the MBWG to reduce Torridge Council’s Financial deficit.

Prior to the presentation Appendix A referred to in the report – Pre Planning Application Charges – had been circulated to the meeting.

Councillor Hodson reminded Members of the recommendations from the Group, previously approved by Full Council and which had improved the Council’s budgets.  It was acknowledged however, that further work was still required to find additional income savings in order to facilitate the setting of a balanced budget for 2023 – 24. 

The next meeting of the Working Group will be held on 6 January 2023 and all Members were invited to attend.

During the discussion, questions/queries raised included:

·         The increase in Pre-Planning Applications.  The Finance Manager advised this service is discretionary, and a planning application can be submitted without using this service.

·         Review of fees and charges.   The Chief Executive confirmed fees and charges are reviewed annually and reported to Community & Resources as part of the budgetary process.

·         Expenditure on Listed Buildings in the ownership of the Authority - the Chief Executive reminded Members that at a previous Full Council meeting Members approved works for the Torrington Pannier Market to be funded out of the Rural Prosperity Fund.  The Shared Prosperity Fund has been announced, now awaiting confirmation of the allocation of the Rural Prosperity Fund.

The Leader expressed his thanks to the Planning Manager for the substantial contribution she had made to this work.

It was proposed by Councillor C Hodson, seconded by Councillor K James            and –

Resolved:

·         That the reduction in the resident discount for cemetery charges to 25% as detailed in 2.2 of the report be approved.

·         That the increase to pre planning application advice in line with the proposed charges detailed in Appendix A tabled at the meeting be approved.

·         That the release of the Capital PiDs as detailed in 2.5 of the report be agreed.

(Vote:  For – 21, Abstention – 1)

To receive the report of the Section 151 Officer

The Finance Manager and Section 151 Officer presented the report, the purpose of which was to update Members on the Council’s MTFS, reflecting emerging financial pressures and the work of the Member Budget Working Group (MBWG) to address the council’s current financial position.

A slide presentation was delivered highlighting the salient points detailed in the report.

Following a brief discussion, Members noted the report.

To receive the report of the Deputy S151 Officer

The Finance Manager & S151 Officer presented the report, the purpose of which was to report on the Treasury Management Action in the year to date and to update the Treasury Management Policy to include £500k investment in Resonance.

Members noted the report.

Following a brief discussion it was proposed by Councillor K James, seconded by Councillor R Clarke and –

Resolved:

That the investment of £500k in Resonance to deliver 10 one bed properties at Local Housing Allowance (LHA) rates be approved, and the Council’s counterparty limited accordingly be updated.

(Vote:   For – Unanimous)

To receive the report of the Chief Executive

The Chief Executive presented the report, the purpose of which was for Members to decide whether to increase Councillor Allowances.

Councillor James referred to the Member Budget Working Group and the work they are undertaking to improve the financial viability of the Council, and said he would find it difficult to justify an increase in allowances at this time.  He therefore proposed recommendation number 3 – no increase in Member Allowances.

Councillor Christie seconded the motion.

Councillor Woodhouse raised the matter that, although not disagreeing with the above motion, if wanting to potentially diversify the Council, there is a possibility that not everyone could give their time for free. Therefore, the idea of not increasing the allowance could influence that.  

Councillor Hodson said this had been given consideration and suggested adding to the recommendation that a process be started looking at allowances, not the fixed amount, but the recompense given to people who have to arrange child minders, the mileage rate that has not been increased for some time and those who lose a day’s work or have to take a day’s holiday.     It must be recognised that if wanting to encourage a wider representation from the communities, these matters need to be considered.

Following further discussion Councillor Hodson withdrew her above amendment to the recommendation.

Councillor Inch proposed that Member Allowances be increased by 2%.   There was no seconder to the proposal, so Councillor Inch withdrew his Motion.

Councillor D Hurley proposed recommendation 1, Councillor Clarke seconded this Motion. 

A vote was taken on the first proposal by Councillor James and as this Motion was carried, no vote was taken on Councillor Hurleys proposal.

It was proposed by Councillor K James, seconded by Councillor D Brenton and –

Resolved:

That the Councillor Basic Allowance and Councillors Special Responsibility Allowances be kept at the current rate as set out in the Members Allowance Scheme.

(Vote: For – 19, Against – 3, Abstentions - 0)

Member Allowances to be brought back to Full Council in the Spring.

With the large numbers of cruise ships being scrapped or laid up due to a fall in demand following Covid. I propose that TDC explore the feasibility of forming a partnership with our neighboring authorities i.e NDDC, Exeter CC etc. with a view to leasing or renting a vessel to accommodate emergency or other housing list people. Cruise ships have a high standard of habitation and self-contained servicing and a suitable craft which would fit into Middle Dock could provide a quick solution for some of our desperate citizens needing housing.

Cllr D Brenton

25 November 22

With the large numbers of cruise ships being scrapped or laid up due to a fall in demand following Covid. I propose that TDC explore the feasibility of forming a partnership with our neighboring authorities i.e NDDC, Exeter CC etc. with a view to leasing or renting a vessel to accommodate emergency or other housing list people. Cruise ships have a high standard of habitation and self-contained servicing and a suitable craft which would fit into Middle Dock could provide a quick solution for some of our desperate citizens needing housing.

Councillor Brenton presented his Notice of Motion.

A brief discussion took place.

It was proposed by Councillor D Brenton, seconded by R Clarke.

(Vote: For – 17, Against – 4, Abstentions – 1)

The Motion was carried.

The Chair to move:

“That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information as defined in Schedule 12A of the Local Government Act 1972”

It was proposed by Councillor K James, seconded by Councillor C Hodson and –

Resolved:

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)

Items which may be taken in the absence of the public and press on the grounds that exempt information may be disclosed.

To receive the report of the Major Projects Manager

The Majors Projects Manager presented the report the purpose of which was to brief Members on the status of the Environment Centre project and to provide a finance cost update.

Following a lengthy discussion, it was proposed by Councillor K James, seconded by S Newton and –

Resolved:

That all the recommendations detailed in the report be approved.

(Vote: For – 17, Against – 3, Abstentions – 2)

It was proposed, seconded and –

Resolved:

That the meeting return to Part 1 and that any press and public be readmitted.

(Vote:  For – unanimous)