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 ahead to the detriment of the surrounding area and the negative impact on local residents?
Cllr A Brenton
Answer
From a Building Regulations perspective, the following points may provide some clarification:
· The law applied is that in force on the date of application. Developers have three years to commence the plots or will need to re-apply for Building regulations approval.
· The laws applied to all building control projects are set by government with no local or regional discretion so any changes would need to be lobbied via the area MP.
· The Building Control Team look at the construction of the buildings and not how the site is run/ managed any impact on surrounding residents from noise/dust/traffic is dealt with via environmental protection legislation and/or planning enforcement in respect of compliance with conditions requiring adherence to a Construction Management Plan.
· As a Local Authority we are not the sole provider of Building Control services and large national housebuilders tend to use NHBC or others rather than local authority for building control as they can agree a national fee and inspection framework. We cannot control other Building control providers operation as they are private companies and as long as they adhere to the operational rules from the Building Safety regulator, they can service projects how they feel appropriate.
From a planning perspective, large outline applications can come forward over a period of years in line with the time condition on the consent. Outline permissions include conditions requiring details of phasing to be agreed and for strategic proposals for certain elements (e.g. public open space, housing mix, drainage) to be agreed via an overarching plan / technical details which each subsequent phase must comply with. Advice is taken from statutory consultees as necessary and relevant on matters such as highways, drainage etc. Reserved matters applications are usually submitted on a phased basis and once details are approved the Local Planning Authority is unable to retrospectively insist on changes / amendments coming forward. If it materialises that plans are not being followed or works are undertaken without consent, the Council is able to consider the use of planning enforcement powers.
If the Councillor has a specific outline permission they would like to discuss we would encourage them to come and speak directly with the Planning Team.
Councillor A Brenton did not ask a supplementary question.