Agenda, decisions and minutes

To receive apologies for absence from the meeting.

Apologies for absence were received from Councillors R Lock and SA Andrews (C Wheatley substituting).  On returning to the office an email had been received giving Councillor L Brights apologies.

Minutes of the meeting held 22 January 2024 and the Budget Special meeting held 29 January 2024.

It was proposed by Councillor Leather, seconded by Councillor Brenton and -

Resolved:   That the Minutes of the meeting held on 22 January 2024 be signed as a correct record.

(Vote:  For - Unanimous)

The Action List was reviewed and updated.

Minute 400 – Query regarding impact of 2019 changes to Council Tax support for those of pension age.

The following email from the Revenues and Benefits Manager sets out the Regulations:

If people are of pension age then they come under the Prescribed Requirements, which is set by the Government and based on 100% of the liability.

If people are of working age (or mixed age couple), then they would come under our banded Scheme.

Mixed age couples (one of pension age and one of working age) are now classed as working age and would probably be in receipt of universal credit; regardless that they are calculated using the max liability of 75%, the same as ‘normal’ working age on our banded Scheme.

It may be worth saying that we have not received any complaints/issues raised by mixed age customers saying that they are being penalised or anything like that, since the Government introduced the Regulations.

Public contributions in accordance with the current scheme. (The deadline for registering  to speak is by 2pm Thursday 29 February 2024. To register please email dem.services@torridge.gov.uk).

There were no public contributions.

The Forward Plan was noted. 

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

Declarations of interest were made when the specific agenda items to which they related were under discussion.

It was proposed by Councillor James, seconded by Councillor Whittaker and –

Resolved:    That the Agenda as circulated be agreed.

(Vote: For – Unanimous)

There were no urgent matters brought forward.

To receive the report of the Deputy Section 151 Officer

Resolved:

That the Capital Programme be updated to include Private Sector Leases.

The Deputy Section 151 Officer presented the report, the purpose of which was for Members to consider the PID for Private Sector Leases (PSL) and make recommendations to Full Council.

The Capital Programme includes new PIDs (Project Initiation Document) which require authorisation from Members before inclusion.

It was proposed by Councillor Leather, seconded by Councillor James and –

Resolved:

That the Capital Programme be updated to include Private Sector Leases.

(Vote:  For – Unanimous)

To receive the report of the Estates Manager

Resolved:

That the measures as set out in the Report to deliver the Strategic Asset Plan in an efficient manner, and in a form that is capable of annual review, aligning with the Council budget process, be adopted.

The Estates Manager, presented the report, the purpose of which was to adopt an amended approach to the practical delivery of the Strategic Asset Plan to seek the following:

·         Fastrack the delivery timescale vs. the adopted Plan for the whole portfolio.

·         Seek onward agility for the management of and review of the Plan, reducing duplication in information and governance.

·         Align the Plan review processes to be agile against an ever-changing socio-economic landscape.

·         Align with the Council’s annual fiscal process (i.e. budgeting).

·         Address the control of commercially sensitive information. that would have been included in the presently adopted approach.

Following a brief discussion, it was proposed by Councillor Leather, seconded by Councillor James and –

Resolved:

That the measures set out in the Report to deliver the Strategic Asset Plan in an efficient manner and in a form that is capable of annual review, aligning with the Council budget process, be adopted.

(Vote:  For - Unanimous)

To receive the report of the Estates Manager

Resolved:

1.            That the terms of a Community Asset Transfer of the Former Cattle Market Site be agreed.   This would be on a Subject to Contract basis and assume the following:

a.    A freehold transfer at £0 consideration.

b.    Conditions as highlighted in the Conclusions section of this Report, namely, to deal with:

i.   use,

ii.  development activity on the site,

iii.  community access, including provisions to review the

      same from time to time (the premise being that this

      should align with the prevailing community needs and

      Council strategy),

iv.  provisions for the Council to return the land to its   

     ownership in the event of the Club not delivering it’s

     stated Business Plan objective,

v.  first option for the Council to purchase the land back

    from the Club at £0.

2.            That an updated external market transaction to assist compliance with LGA 1972 requirements be progressed.

3.            That a transaction of the Council owned land as described and considered within the Report be effected.

Prior to the presentation of the item, the Chair reminded Members that should they wish to discuss financial matters relating to Bideford Rugby Club, the meeting must be moved into Part II.

The purpose of the report, presented by the Estates Manager, was for Members to consider a proposal from Bideford Rugby Football Club Limited to transfer a legal ownership in the Former Cattle Market, Bideford, under the Council’s Community Asset Transfer process.

For the Committee to progress matters per the recommendations as set out in the report.

During the discussion the Committee acknowledged the need for such a facility in the Torridge area and gave in principle support to the proposal, but expressed concerns which included transferring a valuable site for a nil contribution and to ensure there is sufficient community use as well as club use.

The Committee emphasised the need for further information, and to continue to engage positively with Bideford Rugby Club to agree Terms of the Community Asset Transfer.  The Head of Communities & Place suggested that with the agreement of Members, the Lead Member for Leisure be involved in negotiations and discussions with the Estate Manager and Bideford Rugby Club. 

The Head of Legal gave advice during the discussion. 

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

Resolved:

1.            That the terms of a Community Asset Transfer of the Former Cattle Market Site be agreed.   This would be on a Subject to Contract basis and assume the following:

a.    A freehold transfer at £0 consideration.

b.    Conditions as highlighted in the Conclusions section of this Report, namely, to deal with:

i.   use,

ii.  development activity on the site,

iii.  community access, including provisions to review the

      same from time to time (the premise being that this

      should align with the prevailing community needs and

     Council strategy),

iv.  provisions for the Council to return the land to its   

     ownership in the event of the Club not delivering it’s

     stated Business Plan objective,

v.  first option for the Council to purchase the land back

    from the Club at £0.

2.            That an updated external market transaction to assist compliance with LGA 1972 requirements be progressed.

3.            That a transaction of the Council owned land as described and considered within the Report be affected.

(Vote:  For – Unanimous)

The Chair to move:

That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information by virtue of paragraph 3 of Part I and paragraph 10 of Part 2 of Schedule 12A of the Local Government Act 1972.

It was proposed by Councillor Whittaker, seconded by Councillor Piper and –

Resolved:

That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information by virtue of paragraph 2 of Part 1 and paragraph 10 of Part 2 of Schedule 12A of the Local Government Act 1972.

(Vote:  For 7, Abstentions 1)

To receive confidential document

Decision as set out in Agenda item 11.

The Chair advised that as a decision had been made in Part I no further discussion was required on this item.

To receive the report and Appendices of the Head of Communities & Place

Resolved:

That for the use of the Hubbastone Road premises Officers be directed to Option b) subject to an amendment that all options be kept open for leasing or freehold.

The Head of Communities & Place presented the report, the purpose of which was to advise Members on costs and options associated with the conversion of 4 & 5 Hubbastone Road, Appledore.

During the brief discussion that followed, the Head of Communities & Place  explained, if Members were minded to support Option b), the benefits of keeping all options open in relation to a lease or freehold.

It was proposed by Councillor Hicks, seconded by Councillor James and -

Resolved:

That for the use of the Hubbastone Road premises, Officers be directed to option b) subject to an amendment that all options be kept open for leasing or freehold.

(Vote:  For – Unanimous)

LOCAL GOVERNMENT ACT 1972 (AS AMENDED)

It was proposed by Councillor Piper, seconded by Councillor Whittaker and –

Resolved: That the press and public be readmitted.

(Vote: For – Unanimous)