Agenda and draft minutes

Venue: Caddsdown Business Support Centre - Caddsdown Bideford EX39 3BE. View directions

Items
No. Item

56.

Apologies

To receive apologies for absence from the meeting

Minutes:

The Chief Executive welcomed everyone to the meeting.

 

No apologies for absence were received.

 

57.

Election of Chair of the Council

Minutes:

The Chief Executive invited nominations for Chair of the Council.

 

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

 

Resolved:

 

That Councillor D Bushby be elected as Chair of the Council.

 

(Vote: For - 33, Against - 3, Abstentions - 0)

 

 

It was proposed by Councillor D Brenton that Councillor C Hodson be elected as Chair of the Council. There was no seconder for this proposal.

 

It was proposed by Councillor L Ford that Councillor D Brenton be elected as Chair of the Council. There was no seconder for this proposal.

 

 

Councillor D Bushby read out the declaration of acceptance of office, signed the book and took the Chair.

 

58.

Election of Vice Chair of the Council

Minutes:

Nominations were invited for Vice Chair of the Council.

 

It was proposed by Councillor D Bushby, seconded by Councillor J Gubb and –

 

Resolved:

 

That Councillor J Craigie be elected as Vice Chair of the Council.

 

(Vote: For – 15, Against – 21, Abstentions – 0)

 

 

It was proposed by Councillor C Cottle-Hunkin, seconded by Councillor S Newton and –

 

Resolved:

 

That Councillor D Smith be elected as Vice Chair of the Council.

 

(Vote: For – 20, Against – 9, Abstentions – 7)

 

 

It was proposed by Councill L Ford that Councillor D Brenton be elected as Vice Chair of the Council. There was no seconder for this proposal.

 

Councillor D Smith read out the declaration of acceptance of office and signed the book.

59.

Public Contributions

15 minute period for public contributions. (The deadline for registering to

speak is by 2pm Thursday 16 May 2024. To register please email

dem.services@torridge.gov.uk).

 

Minutes:

There were no public contributions.

 

 

60.

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

Minutes:

The Chair and committee welcomed Councillor T Tinsley to Torridge District Council.

 

Members were advised of a campaign that Active Torridge are promoting called Float to Live which advises people how to float in water if ever they find themselves in difficulty.

61.

Election of the Leader of the Council

Minutes:

Nominations were invited for Leader of the Council.

 

It was proposed by Councillor P Pennington, seconded by Councillor C Hodson and –

 

Resolved:

 

That Councillor K James be elected as Leader of the Council.

 

(Vote: For – 31, Against - 4, Abstention - 1)

 

62.

Election of Deputy Leader of the Council

Minutes:

Nominations were invited for Deputy Leader of the Council.

 

It was proposed by Councillor K James, seconded by Councillor R Lock and –

 

Resolved:

 

That Councillor C Hodson be elected as Deputy Leader of the Council.

 

(Vote: For - 34, Against - 2, Abstention - 0)

 

63.

Size of Committees and Terms of Reference pdf icon PDF 78 KB

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

Additional documents:

Minutes:

The Head of Legal & Governance (Monitoring Officer) presented the report, the purpose of the report was to confirm the size of Committees and their Terms of Reference.

 

It was proposed by Councillor S Newton, seconded by Councillor K James and –

 

Resolved:

 

That the size of Committees as stated in the report and the Terms of Reference as set out in Appendix 1 attached to the report be approved.

 

(Vote: For – 33, Against – 0, Abstentions - 3)

 

 

 

It was proposed by Councillor H Thomas that the Licensing Committee have 9 seats the same as the Plans Committee, however there was no seconder for this proposal. 

 

The size of committees was distributed following the resolution of this item.

 

64.

Allocation of seats to Political Groups pdf icon PDF 62 KB

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

 

Minutes:

The Head of Legal & Governance (Monitoring Officer) presented the report, the purpose of which was to agree the number of seats on the Committee allocated to each of the Political Groups.

 

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

 

Resolved:

 

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

 

(Vote: For - unanimous)

 

65.

Membership of Committees pdf icon PDF 64 KB

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

 

Additional documents:

Minutes:

The purpose of this report, presented by the Head of Legal & Governance (Monitoring Officer) was for the membership of Committees to be agreed.

 

It was proposed by Councillor K James, seconded by Councillor S Harding and –

 

Resolved:

 

That the size of Committees as stated in the report and the Terms of Reference as set out in Appendix 1 attached to be delegated to Group Leaders.

 

(Vote: For - unanimous)

 

66.

Election of Chairs and Vice Chairs

Community and Resources Committee

 

Audit and Governance Committee

 

Plans Committee

 

Licensing Committee

 

Internal Overview and Scrutiny Committee

 

External Overview and Scrutiny Committee

 

Standards Committee

Minutes:

Community & Resources Committee

 

Nominations were invited for the position of the Chair of the Community & Resources Committee.

 

It was proposed by Councillor K James, seconded by Councillor S Inch that Councillor R Hicks be elected as Chair of the Community & Resources Committee.

 

Resolved:

 

That Councillor R Hicks be elected as Chair of Community & Resources Committee.

 

(Vote: For - 35, Against - 0, Abstentions - 1)

 

 

Nominations were invited for the position of the Vice Chair of the Community & Resources Committee.

 

It was proposed by Councillor R Hicks, seconded by Councillor P Shepherd that Councillor A Dart be elected as Vice Chair of the Community & Resources Committee and -

 

Resolved:

 

That Councillor A Dart be elected as the Vice Chair of Community & Resources Committee.

 

(Vote: For - unanimous)

 

 

 

Audit & Governance Committee

 

Nominations were invited for the position of the Chair of the Audit & Governance Committee.

 

It was proposed by Councillor C Hodson, seconded by Councillor K James that Councillor P Hackett be elected as Chair of the Audit & Governance Committee.

 

Resolved:

 

That Councillor P Hackett be elected as the Chair of Audit & Governance Committee.

 

(Vote: For – 34, Against - 1, Abstentions - 1)

 

 

Nominations were invited for the position of the Vice Chair of the Audit & Governance Committee.

 

It was proposed by Councillor P Hackett, seconded by Councillor J Gubb    that Councillor D Brenton be elected as Vice Chair of the Audit & Governance Committee and -

 

Resolved:

 

That Councillor D Brenton be elected as the Vice Chair of Audit & Governance Committee.

 

(Vote: For - unanimous)

 

 

 

 

Plans Committee

 

Nominations were invited for the position of the Chair of the Plans Committee.

 

It was proposed by Councillor S Newton, seconded by Councillor C Cottle-Hunkin that Councillor R Lock be elected as Chair of the Plans Committee.

 

Resolved:

 

That Councillor R Lock be elected as the Chair of the Plans Committee.

 

(Vote: For – 19, Against - 13, Abstentions - 4)

 

 

It was proposed by Councillor L Ford, seconded by Councillor J Craigie that Councillor C Leather be elected as Chair of the Plans Committee. As the first vote was carried no vote was taken on this proposal.

 

 

 

Nominations were invited for the position of the Vice Chair of the Plans Committee.

 

It was proposed by Councillor P Pennington, seconded by Councillor J Craigie      that Councillor C Leather be elected as Vice Chair of the Plans Committee and -

 

Resolved:

 

That Councillor C Leather be elected as the Vice Chair of the Plans Committee.

 

(Vote: For – 21, Against – 15, Abstentions - 0)

 

It was proposed by Councillor H Thomas, seconded by Councillor C Cottle-Hunkin that Councillor P Hames be elected as Vice Chair of the Plans Committee. As the first vote was carried no vote was taken on this proposal.

 

 

Licensing Committee

 

Nominations were invited for the position of the Chair of the Licensing Committee.

 

It was proposed by Councillor J Whittaker, seconded by Councillor R Lock      that Councillor S Harding be elected as the Chair of the Licensing Committee.

 

Resolved:  ...  view the full minutes text for item 66.

67.

Scheme of Delegation pdf icon PDF 64 KB

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

 

Additional documents:

Minutes:

The Head of Legal & Governance (Monitoring Officer) presented the report, the purpose of which was for Members to approve the Council’s Scheme of Delegation.

 

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

 

Resolved:

 

That the Scheme of Delegation as set out in Appendix 1 attached to the report be approved.

 

(Vote:  For – unanimous)

 

 

68.

Substitution Scheme pdf icon PDF 56 KB

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

 

Additional documents:

Minutes:

The purpose of the report, presented by the Head of Legal & Governance (Monitoring Officer), was for Member approval to the Council’s Substitution Scheme.

 

It was proposed by Councillor S Newton, seconded by Councillor K James and –

 

Resolved:

 

That the Substitution Scheme as set out in Appendix 1 attached to the report be approved.

 

(Vote:  For – unanimous)

 

69.

Membership of Outside Bodies pdf icon PDF 64 KB

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

 

Additional documents:

Minutes:

The Head of Legal & Governance (Monitoring Officer) presented the report, the purpose of which was to agree the Membership of Outside Bodies.

 

Councillor P Hames proposed an amendment to the recommendations in the report that the Taw & Torridge Estuary Forum be added to the Outside Bodies list. Councillor A Brenton seconded the amendment.

 

(Vote: For unanimous)

 

 

 

It was proposed by Councillor K James, seconded by Councillor C Hodson that the Membership of Outside Bodies including the above amendment be delegated to Group Leaders.

 

Resolved:

 

That the Membership of Outside Bodies including the above amendment be delegated to Group Leaders.

 

(Vote: For - unanimous)

 

70.

Lead Members pdf icon PDF 62 KB

To receive the report of the Chief Executive.

Additional documents:

Minutes:

The Chief Executive presented the report, the purpose of which was to approve Lead Members.

 

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

 

Resolved:

 

That the Lead Members roles and Lead Members be approved.

 

(Vote: For - unanimous)

 

71.

Appointment of Members to Active Torridge Board pdf icon PDF 67 KB

To receive the report of the Chief Executive

 

Additional documents:

Minutes:

The Chief Executive presented the report, the purpose of which was to approve the appointment of Members to Active Torridge Board.

 

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

 

Resolved:

 

That the appointment of Members to Active Torridge Board to remain as the previous year.

 

(Vote: For – 34, Against – 1, Abstentions – 0)

 

72.

Appointment of Members to Working Groups pdf icon PDF 74 KB

To receive the report of the Chief Executive.

Additional documents:

Minutes:

The Chief Executive presented the report, the purpose of which was to approve the appointment of Members to Working Groups for Property & Major Projects, Climate Change and Harbour Board.

 

It was proposed by Councillor K James that the recommendations in the report be approved. There was no seconder for this recommendation.

 

Councillor C Cottle-Hunkin proposed an amendment to the recommendations in the report that Councillor T Tinsley join the Harbour Board Working Group. Councillor S Andrews seconded the amendment.

 

It was proposed by Councillor C Cottle-Hunkin, seconded by Councillor S Andrews and –

 

Resolved:

 

That the amendment to the recommendations and the recommendations in the report be approved.

 

(Vote: unanimous)

73.

To answer questions submitted under Procedural Rule A9

Minutes:

Questions were submitted by Councillors L Ford, H Thomas and A Brenton.

 

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

 

Question from Councillor L Ford

 

A9 please could the council tell me and the public who is our FOI officer as it appears to me Rebecca Metcalfe (personal details of individual redacted (section 40 FOIA)) was never replaced. This is non-compliant. Thanks again Lenny 

 

Cllr L Ford

 

Answer

 

The Council does have a FOI officer and any FOI requests can be emailed to FOI@Torridge.gov.uk where they will be dealt with in accordance of the requirements of the Freedom of Information Act.

 

Any concerns with the processing of requests and or challenges to the process followed can be escalated for review to Tom Vanstone tom.vanstone@torridge.gov.uk or Staci Dorey staci.dorey@torridge.gov.uk

 

If Councillors or members of the public are still not satisfied with that response then this can be reported / complaint made to the Information Commissioner’s Office https://ico.org.uk/make-a-complaint/

 

 

Councillor L Ford asked a supplementary question and was then advised by the Chair he would receive a written response within 5 working days, Councillor L Ford advised he did not want a written response. 

 

 

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

 

Question from Councillor H Thomas

 

During 2023 this council was negotiating the purchase of land off Gammaton Road for the relocation of its Operational Services department.

Following the collapse of these negotiations, who made the decision, and under what authority, that the only alternative site to be put to councillors was the council-owned land off Alverdiscott Road, which is currently allocated for housing?

Cllr H Thomas

 

Answer

Full Council received a report 22 January 2024 with the option of using the site off Alverdiscott Road, which is in the ownership of Torridge.

Members of Full Council considered the report and approved progressing with the project to relocate the Council’s Operational Services to that site.

 

Councillor H Thomas stated that the answer given was not relevant to his question which was specifically asking which Officer, Councillor or Committee made the decision, and under what authority, that the only alternative site to be put to councillors was the council-owned land off Alverdiscott Road.

The Chair offered advice on how the decision was made and the process that was followed. Councillor H Thomas asked for a written response detailing properly all that the Chair advised.

Councillor H Thomas did not ask a supplementary question.

 

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

Question from Councillor A Brenton

If outline planning permission has been given for a huge housing development, which will take 10 years to accomplish, and over those ten years, environmental conditions change and deteriorate, with potential occurrences arising which cause problems for the community: can Building Regulations be subsequently adapted/altered be or amended in order to ensure that such major building projects do not go blindly  ...  view the full minutes text for item 73.

74.

Petitions

To receive Petitions (if any)

Minutes:

No petitions were received.

75.

Notices of Motion

75a

Written Notice of Motion from Councillor H Thomas

This council believes its members are elected to represent and serve all residents of Torridge.

 

Councillors should, therefore, take a lead role in any decision that may affect the livelihood and welfare of Torridge residents and take ownership of these decisions rather than simply following a single path laid down by officers.

 

Based on this principle, full council should be given a report containing a minimum of three options for the future location(s) of Operational Services. This report should include details of the estimated costs, advantages and disadvantages of each option.

 

Discussion of which option to choose should be held in public session at full council, with a choice of recommendations based on these options. A recorded vote should be taken on any motion.

 

This principle should also be applied to all future projects developed by TDC that involve £2 million or more of council funds and/or involve building on council-owned land, the sale of council assets or major alterations to any council property.

 

Minutes:

This council believes its members are elected to represent and serve all residents of Torridge.

 

Councillors should, therefore, take a lead role in any decision that may affect the livelihood and welfare of Torridge residents and take ownership of these decisions rather than simply following a single path laid down by officers.

 

Based on this principle, full council should be given a report containing a minimum of three options for the future location(s) of Operational Services. This report should include details of the estimated costs, advantages and disadvantages of each option.

 

Discussion of which option to choose should be held in public session at full council, with a choice of recommendations based on these options. A recorded vote should be taken on any motion.

 

This principle should also be applied to all future projects developed by TDC that involve £2 million or more of council funds and/or involve building on council-owned land, the sale of council assets or major alterations to any council property.

 

Councillor H Thomas presented and proposed his Notice of Motion which was seconded by Councillor W Lo-Vel.

 

The Chair called for the vote, during which Councillor H Thomas requested a recorded vote be taken. The Chair advised that as the vote was already in process a recorded vote could not be taken.

 

It was proposed by Councillor H Thomas, seconded by Councillor W Lo-Vel and –

 

Resolved:


That the Notice of Motion be approved.

 

(Vote: For – 10, Against – 19, Abstentions – 7)

 

The motion was lost.