Agenda and draft minutes

Apologies were received from Councillor A Brenton with Councillor Tinsley in attendance as substitute.

Confirmation of the minutes of the Standards Committee held on the 2^nd October 2024.

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

Resolved:

That the Minutes of the meeting held on 2^nd October 2024 be agreed and signed as a correct record.

(Vote:  For – 5, Against – 0, Abstentions - 1)

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

The Chair asked that declarations of interest be made as and when the specific agenda item to which they related was under discussion.

There were not Part II items.

The Chair informed Members of the recent resignation of Councillor Hugh – Brading of Northam Town Council and told Members that they will be looking for a new Parish representative.

To receive a report from the Head of Legal and Governance (& Monitoring Officer).

The Head of Legal and Governance (& Monitoring Officer) presented the report, the purpose of which was an annual review of the Code of Conduct.

There were no proposals for any amendments to the current Code of Conduct, therefore the report was noted.

To receive a report from the Head of Legal & Governance (& Monitoring Officer).

The Head of Legal and Governance (& Monitoring Officer) presented the report, the purpose was to advise Members in respect of the government consultation.

The Head of Legal and Governance (& Monitoring Officer) provided Members with the current feedback from the consultation, this included a shared desire for stronger sanctions when needed, clarity on where complaints should be reported to, and whether an independent appeals panel when necessary, should be considered. Members will be informed when there has been a formal response to the consultation.

The report was noted.

To receive an update from the Chair.

The Chair provided an update to the Committee and informed Members that he has been involved in discussions about sanctions and the Local Government Association has submitted the results of the recent survey and questionnaire from elected members to the Minister responsible for Housing & Communities, which asks for the Standards regime to be reviewed.

The update was noted by the Committee.

To receive an update from Councillor P Pennington.

With the permission of the Chair, the agenda was reorganised and the item regarding the dispensation request was brought forward and discussed after the confirmation of the minutes.

Councillor Johns entered the meeting at 10:03am

With agreement of the Chair, Councillor Pennington and his witness Sue Beer joined the Committee table and addressed the Committee regarding his Dispensation Request in relation to the X-Links Project. To start, Councillor Pennington advised Members of his prior dispensation request for Atlantic Array and noted the reports provided to Members via a supplement to the agenda.

Councillor Pennington advised the Committee about Sue Beer’s history with Littleham and Landcross Parish Council and the circumstances surrounding Atlantic Array. He then detailed his Council career thus far, the difficulties faced by changing boundaries, his role as a farmer, and briefed Members on his affected land.

Councillor Pennington argued that the result from the Standards Committee in 2013 has set precedent and told Members that he is not seeking dispensation because of pecuniary interest as the money received would only be to cover any losses incurred. He argued that the dispensation should be approved because as an elected Member he has the duty to represent his ward.

The Chair asked for clarification on the area of affected land, how it will be used, and how it will be maintained post construction. Councillor Pennington provided clarification and explained that X-Links would have an easement to access the land when needed. He then reiterated that any money received would be compensatory.

The item was then discussed.

Members were concerned about the amount of critical discussion Councillor Pennington would have missed if he were to be included in the working group at this late stage.

Members asked if the dispensation request was for inclusion within the Working Group as well as commentary at Full Council. Councillor Pennington advised that due to his knowledge of the area, the request was for both.

The Vice Chair stated that as the X-Links Project is a National Significant Infrastructure Project, Torridge District Council have little significance in decision making. He explained his concern that if Torridge District Council were to respond to a consultation, there could be allegations against the Council as a landowner could have had undue influence on said statement.

The Vice-Chair declared interest as a landowner.

Members advised that with the current timeline, it may be too late to make the representations that Councillor Pennington aims to.

Councillor Pennington stressed his worry that there is a lack of focus on those who are directly and consequentially impacted.

The Head of Legal and Governance (& Monitoring Officer) asked Councillor Pennington if he is receiving a sum of money from X-Links for the use of his land and the easement thereafter. Councillor Pennington explained that it is under negotiation, however his perception is that any money received is compensation. The Head of Legal and Governance (& Monitoring Officer) stated her concern that as X-Links will have a significant personal impact on Councillor Pennington,  ...  view the full minutes text for item 85.

To review the forward plan.

The Committee reviewed the Forward Plan and the Head of Legal and Governance (& Monitoring Officer) suggested that training be added to the Forward Plan for the future cycle of meetings. She also suggested that the Standards Committee review the complaints process and issues regarding dispensation.

Further details to be confirmed after the Annual General Meeting in May once Committee Membership has been confirmed.

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 )Part 1 of Schedule 12A of the Local Government Act.

There were no Part II items.

To receive a verbal update from the Head Legal and Governance & Monitoring Officer

There were no complaint updates.