Agenda and minutes

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Contact: Comsec  Email: comsec@teignbridge.gov.uk

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Items
No. Item

12.

Minutes pdf icon PDF 206 KB

To approve as a correct record and sign the minutes of the previous Council meeting.

Minutes:

The minutes of the meeting on 14 January 2021 were approved as a correct record and would be signed at a later date.

13.

Announcements

Announcements only from the Chair of Council, Leader, Members of the Executive or the Managing Director.

 

Minutes:

The Chair announced that the Council had made a successful bid application to the Department of Business, Energy and Industrial Strategy (BEIS) for Local Authority Delivery Green Homes Grants and been awarded £1,147,500 to provide 100 air source heat pumps to householders in Teignbridge targeting fuel poor homes.

 

14.

Declarations of interest

Minutes:

Cllr Bullivant declared an interest in regards to minute no. 24 as such would not be voting.

 

Cllrs Dewhirst and Haines declared an interest in regards to minute no.26 due to being personal friends of Cllr Cook and would not be voting.

 

15.

Public Questions pdf icon PDF 38 KB

Members of the public may ask questions. A maximum period of 15 minutes will be allowed with a maximum period of three minutes per questioner.

 

The deadline for questions is no later than 12 noon two working days before the date of the meeting.

 

Additional documents:

Minutes:

Public questions and responses are attached to minutes.

 

The relevant Executive Member responded to the supplementary questions arising therefrom. See the live stream of this meeting.

 

In response to a supplementary question in relation to Dunchideock Parish Council, the answer was provided by the Executive Member for Corporate Services in writing after the meeting [see below]:-

 

The District Council does not have a responsibility to oversee and manage the day to day affairs of any town and parish council. There are separate regulations that govern these bodies including any necessary audit requirements. I would refer you to DALC/NALC for any further concerns or how they may oversee this matter.

 

16.

Councillor Questions pdf icon PDF 48 KB

Members of the Council may ask questions of the Council subject to procedural rules.

 

The deadline for questions is no later than three clear working days before the meeting.

 

Additional documents:

Minutes:

Member’s questions and responses are attached to minutes.

 

The relevant Executive Member responded to the supplementary questions arising therefrom. See the live stream of this meeting.

 

17.

Final Financial Plan proposals 2021/22 to 2023/24 pdf icon PDF 164 KB

Additional documents:

Minutes:

The Executive Member for Corporate Resources proposed the recommendation with an amendment that members do not receive this year’s cost of living increase for Members Allowance for 2021/22 and that this be frozen until April 2022, this was seconded by the Leader. 

 

In presenting the budget, the Executive Member for Corporate Resources thanked officers for their preparation of the budget and the Overview and Scrutiny Committees for their work and input into the budget proposals.

 

The Leader of the Opposition (Cllr Bullivant) outlined his comments on an alternative budget and stated that they would be abstaining from voting on the budget.

 

The Leader stated that the Council faced budget challenges in the coming year and this budget supported the administrations priorities of Housing, Jobs and Climate Change. 

 

In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014the vote was recorded (see voting report).

 

RESOLVED that:-

 

(1)           The Teignbridge band D council tax for 2021/22 be increased by 2.85% or £5 to £180.17 per annum;

 

(2)           General reserves be increased to 13.0% of the net revenue budget for 2021/22 or just under £2.0 million;

 

(3)           £100,000 of the general reserve balance in any one year continues to be available to the Executive to meet unexpected expenditure in addition to the agreed revenue budget;

 

(4)           All other decisions with regard to budgetary change will be approved by reference to virement rules in the financial instructions;

 

(5)           The summary revenue budget for 2021/22 be £15.3 million as shown at appendix 4. In particular the revenue budget includes:

· Assumptions of a 1.5% pay from 1 April 2021

· Revenue contributions to fund capital are suspended in the medium term to protect the revenue budget

· Rural aid is suspended in 2020/21 and 2021/22

· The councillors community fund grant is maintained at £1,000 each;

 

(6)           Fees and charges be approved as shown summarised at appendix 6. This includes an increase in parking income of £94,000 from last years base budget;

 

(7)           The capital programme as shown at appendix 7 be approved. In particular this includes:

· Increasing jobs and homes through continuing support for housing whilst backing business and encouraging community-led planning. Work has begun on the Teignbridge 100 affordable housing project at two sites in Newton Abbot. A rented programme across urban and rural sites will be delivered over the next 3 years.

· Increased investment for climate change projects, including grant bids for low carbon heating and energy system improvements at leisure sites and further provisions the Carbon Action Plan.

· Infrastructure delivery plan investment contributing to improving education, transport links, sports and open spaces Regeneration investment, including two hotels in Teignmouth and Newton Abbot funded mainly from prudential borrowing. The Council recently received an in-principle funding offer from the Government Future High Street Fund for grant of £9.2 million aimed at improving town centres. This will have a positive impact on Newton Abbot and the wider Teignbridge economy. Cofunding includes CIL, grant from other sources and prudential borrowing. There is also a  ...  view the full minutes text for item 17.

18.

Constitution

To receive a verbal up from the Constitution Working Group.

Minutes:

The Leader advised Members of the Constitution Working Group meeting which Cllr Patch attended and spoke on the matters mentioned in his Notice of Motion put to this meeting.

 

The Leader stated that he believed the November 2020 updated Constitution reflected the resolution taken by Council on September 2019. He proposed that the Council establish a new committee to have oversight of constitution, procedural matters, members training and development and reports from the Independent Remuneration Panel. The terms of reference and membership details, along with any other relevant matters to be reported to Council in due course.

 

This was seconded by Cllr Bullivant.

 

Cllr D Cox voiced support as the previous constitution was out of date.

 

RESOLVED that a new committee be established to have oversight of the Council’s constitution, procedural arrangements, councillor training and development, reports from the councillor’s Independent Remuneration Panel. Terms of reference and membership details, along with any other relevant matters to be reported to a future meeting of the Council.

 

19.

Notices of Motion

Notice of Motion’s shall be referred to the appropriate Committee meeting. The mover of the motion can outline the proposal and then it will stand adjourned. The motion may be debated to assist debate later if agreed by two-thirds of Council Members.

 

The following motion on Standards Committee process changes has been presented by Cllr Eden and supported by Cllrs Bradford, Daws, Hocking, G Hook, Macgregor, Mullone and Patch.

 

Background provided by Cllr Eden to the Motion:

 

This Council, as with the vast majority of Local Authorities operates a number of committees monitoring the work of the council and its officers and the political decisions of the administration.

 

Most Local Authorities, if not all, also have a process which holds councillors to account over failures to adhere to agreed standards, whether through the code of conduct or more generally through the Nolan Principles etc.  In the majority of committees the minutes of the work and findings are made available for public viewing and posted onto the Council’s website.

 

Standards committees, not only discuss standards, but are most often delivered as quasi-legal hearings with allegations ‘investigated’ and reported on, witnesses and statements included in the process.

 

The findings of the hearings cannot be challenged or appealed. Furthermore, the phrasing of the findings, even where so poorly written as to make no sense, cannot be corrected at the time of initial publication to the website and wider distribution. 

 

It is only the Standards Committees decision that can have a bearing on the individual beyond the remit of the council or their duties as a councillor.

Decisions made in a Hearing can impact the career and personal life of a Councillor significantly, financially and negatively. This is particularly true in a modern connected world. Minutes are posted on the website and distributed before the members of the committee have reviewed and agreed them increasing the risk of harm to a reputation that far exceeds the finding against the individual concerned.

 

This is the only committee that has that potential.

 

Wording of Motion proposed by Cllr Eden:

 

In light of that the proposed motion is as follows. This council resolves that

1)    No minutes or decision notice from a Standards Hearing are published on the Council Website until all those present at the committee as members have reviewed them.

2)    No minutes or decision notice from a Standard hearing should be distributed to any external body until the committee has seen debated and approved the minutes and decision notice.

3)    Minutes should reflect the conclusion of the Investigation and not be used to repeat and re-frame accusations and allegations that are not proven (by the Investigating Officer) as the finding.

4)    That this authority investigates the potential for seeking an appeal body to ensure natural justice can be delivered beyond the summary findings delivered currently.

5)    All Investigating Officers to be taken through a due diligence process by Audit Scrutiny.

6)    All Independent Persons to be taken through a due diligence process and  ...  view the full agenda text for item 19.

Minutes:

Cllr Eden presented her Notice of Motion on Standards Committee process changes. The Notice of Motion was referred, without discussion, to the Executive for consideration.

 

Cllr G Hook presented his Notice of Motion to acknowledge the work that the voluntary and charitable sector do particularly but not exclusively during the current Coronavirus pandemic. The Notice of Motion was referred, without discussion, to the Executive for consideration.

 

Cllr Patch presented his Notice of Motion regarding the Constitution. The Notice of Motion was referred, without discussion, to the Executive for consideration.

 

 

 

20.

Recommendation from Executive - Teignmouth Public Spaces Protection Order (PSPO)

The Executive Member for Homes and Communities will present the recommendation from Executive 11 February 2021.

 

RECOMMENDED to Council that:-

 

(1)         On being satisfied that the statutory grounds for making the Order have been established as detailed in the Report, the Public Protection Spaces Order be made; and

 

(2)         Delegated authority is given to the Head of Community Services and Improvement to:

 

(a)  appoint authorised persons for the purpose of giving direction under the Order; and

(b)  (in consultation with the Solicitor to the Council and the Executive Member for Homes and Communities) make such minor amendments to the draft Order as they considers appropriate, before the Order is sealed.

 

Minutes:

It was proposed by the Executive Member for Homes and Communities and seconded by Cllr L Petherick that the recommendation be approved.

 

Local Ward Members supported the Public Spaces Protection Order (PSPO) to help address Anti-Social Behaviour in Teignmouth.

 

A roll call was taken (see voting report).

 

RESOLVED that the Council:-

 

(1)           On being satisfied that the statutory grounds for making the Order have been established as detailed in the Report, the Public Protection Spaces Order be made; and

 

(2)      Delegated authority is given to the Head of Community Services and   Improvement to:

 

(a) appoint authorised persons for the purpose of giving direction under the Order; and

 

(b) (in consultation with the Solicitor to the Council and the Executive Member for Homes and Communities) make such minor amendments to the draft Order as they considers appropriate, before the Order is sealed.

 

21.

Recommendation from Executive - Notice of Motion - Equality of Representation

The Executive Member for Homes and Communities will present the recommendation from Executive 11 February 2021.

 

RECOMMENDED to Council that:-

 

Motion No (1)

(1)  Equalities training for members is arranged through Democratic Services and members are encouraged to attend by Group Leaders;

 

(2)  That the Committee report template is amended to include “Equalities Considerations” and whether a Business Impact Assessment is required; and

 

(3)  The Councils Equalities Policy, which expires in 2020, is reviewed and considered by O&S and Executive and included in 2021 Forward Plan

 

Motion Nos (2) and (4)

The Leader of the Council write to the Secretary of State for Education urging him to:

 

(4)  Review the primary school, GCSE and A Level national curriculum with a view to ensuring that the historical record of the British Empire is treated in a way which fully takes account of slavery, the actions and views of historical figures and other oppressive experiences of BAME people, many of whose descendants are now part of our community.

 

(5)  Show compassion and understanding by starting a national debate led by the BAME community, which seeks to define racism, the impacts of it in today’s society - and demonstrate how we can all help people of colour feel fully included and welcomed in the UK (this could be part of the current government review)

 

(6)  Identify a Cabinet minister champion for the BAME community.

 

Motion No (3)

(7)  Councillors to promote the pilot educational project being undertaken in partnership with Teignmouth Community School by raising awareness of the project through their formal and informal networks and encouraging other schools in the District to utilise the curriculum resources developed through the project and/or undertake similar projects in local schools.

 

Motion No (5)

(8)  Following completion of the Equalities Impact assessment on the recovery plan, members of Audit Scrutiny Committee to review and determine if there are any areas of weakness. Comments to then be sought from external registered groups representing the interests of that group.

 

Motion No (6)

(9)  Recommend that the Council encourages local historic societies to identify street names of particular historic significance and develop signage to explain the history behind the street’s name.

 

(10) Review the street naming and numbering procedure to reflect the

       recent LGA advice note relating to requests from the public to change

       the public realm.

 

Motion No (7)

(11) An additional 2 questions should be included in the Councillors

 Community Fund form:

 

1. How does your organisation or project meet the needs of (tick all or any that apply)

Older people (over 65yrs)

Young people (under 18yrs)

People with disabilities

Members of the LGBT community

Pregnant Women

Black, Asian and Minority Ethnic (BAME) people

 

Please add any further comments here (Text box)

 

2. Do you have an Equalities Policy Yes / No

If Yes please upload a copy

 

Minutes:

It was proposed by the Executive Member for Economy and Jobs and seconded by Cllr Morgan that the recommendation be approved.

 

The Executive Member for Economy and Jobs in presenting this recommendation stated that there had been huge amount of support for this proposal and she read out a letter of support from Social and Environmental Action Round Chudleigh (SEARCH).

 

Cllr L Petherick proposed an amendment to recommendation Motion 7 (2), to add that if an organisation did not have an Equalities Policy it would affect their application. This was agreed to be added by the proposer and seconder.

 

A roll call was taken and the vote was unanimous.

 

RESOLVED that the Council:-

 

Motion No (1)

(1)      Equalities training for members is arranged through Democratic Services and members are encouraged to attend by Group Leaders;

(2)      That the Committee report template is amended to include “Equalities   Considerations” and whether a Business Impact Assessment is required; and

 (3)     The Council’s Equalities Policy, which expires in 2020, is reviewed and considered by O&S and Executive and included in 2021 Forward Plan;

 

Motion Nos (2) and (4)

The Leader of the Council write to the Secretary of State for Education urging him to:

(4)      Review the primary school, GCSE and A Level national curriculum with a view to ensuring that the historical record of the British Empire is treated in a way which fully takes account of slavery, the actions and views of historical figures and other oppressive experiences of BAME people, many of whose descendants are now part of our community.

(5)      Show compassion and understanding by starting a national debate led by the BAME community, which seeks to define racism, the impacts of it in today’s society - and demonstrate how we can all help people of colour feel fully included and welcomed in the UK (this could be part of the current government review)

(6)      Identify a Cabinet minister champion for the BAME community;

 

Motion No (3)

(7)      Councillors to promote the pilot educational project being undertaken in partnership with Teignmouth Community School by raising awareness of the project through their formal and informal networks and encouraging other schools in the District to utilise the curriculum resources developed through the project and/or undertake similar projects in local schools.

 

Motion No (5)

(8)      Following completion of the Equalities Impact assessment on the recovery plan, members of Audit Scrutiny Committee to review and determine if there are any areas of weakness. Comments to then be sought from external registered groups representing the interests of that group;

 

Motion No (6)

(9)      Recommend that the Council encourages local historic societies to identify street names of particular historic significance and develop signage to explain the history behind the street’s name.

(10)    Review the street naming and numbering procedure to reflect the recent LGA advice note relating to requests from the public to change the public realm.

 

Motion No (7)

(11)    An additional 2 questions should be included in the Councillors Community Fund form:

1.  ...  view the full minutes text for item 21.

22.

Recommendation from Executive Notice of Motion - Retention of the £20 Universal credit uplift

The Leader will present the recommendation from Executive 11 February 2021.

 

RECOMMENDED to Full Council that the Leader of the Council is instructed to write to the Chancellor of the Exchequer and the Members of Parliament serving Teignbridge to call for the retention of the £20 Universal credit uplift.

 

Minutes:

It was proposed by the Leader and seconded by Cllr D Cox that the recommendation be approved.

 

Cllr D Cox commented that that by doing this, it would help keep families afloat and strengthen the social security system so it provided the public service that residents could all turn to when they hit hard times. In retaining the £20 Universal Credit uplift it would support the wider economic recovery and cutting support for those on the lowest incomes would reduce demand in the economy at a time when the county was trying to secure a recovery.

 

A roll call was taken and the vote was unanimous.

 

RESOLVED that the Leader of the Council be instructed to write to the Chancellor of the Exchequer and the Members of Parliament serving Teignbridge to call for the retention of the £20 Universal credit uplift.

 

23.

Recommendation from Strata Joint Executive - Strata Business Plan

The Executive Member for Recycling, Household Waste and Environmental Health will present the recommendation from Strata Joint Executive Committee 25 January 2021.

 

RECOMMENDED that East Devon District Council, Exeter City Council and Teignbridge District Council approve the Strata Business Plan 2020/21 and beyond including:

 

(1)            The 21/22 Proposed Savings;

 

(2)            Hardware budgets being returned to East Devon District Council and Teignbridge District Council;

 

(3)            Appointment of a Data Analyst post;

 

(4)            Benchmarking to be undertaken by SOCITM; and

 

(5)            The mechanism for work prioritisation.

 

Minutes:

It was proposed by the Executive Member for Homes and Communities and seconded by the Executive Member for Sport, Culture and Recreation that the recommendation be approved.

 

A roll call was taken (see voting report).

 

RECOMMENDED that East Devon District Council, Exeter City Council and Teignbridge District Council approve the Strata Business Plan 2020/21 and beyond including:-

 

(1)      The 21/22 Proposed Savings;

 

(2)      Hardware budgets being returned to East Devon District Council and Teignbridge District Council;

 

(3)      Appointment of a Data Analyst post;

 

(4)      Benchmarking to be undertaken by SOCITM; and

 

(5)      The mechanism for work prioritisation.

 

24.

Members Allowances pdf icon PDF 221 KB

Additional documents:

Minutes:

Cllr Bullivant declared an interest and did not vote on this item.

 

The Executive Member for Corporate Resources introduced the report of the Independent Remuneration Panel and proposed the recommendations, this was seconded by the Leader.

 

Cllr Patch proposed an amendment that the overall budget for SRA should not be increased to fund the Special Responsibility Allowance (SRA) for the additional posts. In order for the budget not to increase all SRAs be adjusted on a pro rata basis to fund the new additional SRA’s, this was seconded by Cllr Daws.

 

A roll call was taken on the amendment (see voting report), the amendment was lost.

 

On a further role call (see voting report), is was:-

 

RESOLVED that the following changes to the Members’ Allowances Scheme to take effect from 3 September 2020 be approved:-

 

(1)         The Special Responsibility Allowance for the Chairs of Overview and Scrutiny Committee be a multiplier of 1.1 and Vice Chairs of Overview & Scrutiny Committees be a multiplier of 0.3;

 

(2)         The Special Responsibility Allowance for the Chair of Licensing and Regulatory Committee be a multiplier of 0.75 and the Vice Chair of Licensing and Regulatory Committee be a multiplier of 0.40; and

 

(3)         The Special Responsibility Allowance for the voting Executive Member without portfolio be a multiplier of 1.1.

 

25.

Committee Seats and Political Balance

In accordance with the Local Government and Housing Act 1989, the Political Composition of the groups is as below:-

 

Liberal Democrat Group

23 Seats

Conservative Group

12 Seats

Independent Group

 8 Seats

Newton Says No

 3 Seats

No Group

 1 Seat

Total Seats

47

 

 

RECOMMENDED that the Seat Allocation be agreed as below:-

 

Committee

Total

Seats

Lib Dem

 

Con

 

Ind

 

NSN

 

No Group

 

Overview & Scrutiny (1)

13

6.36

7

3.32

3

2.21

2

0.83

1

0.26

0

Overview & Scrutiny (2)

13

6.36

7

3.32

3

2.21

2

0.83

1

0.26

0

Planning

17

8.32

8

4.34

4

2.89

3

1.09

1

0.34

1

Licensing & Regulatory

11

5.38

5

2.81

3

1.87

2

0.70

1

0.22

0

Audit Scrutiny

8

3.91

4

2.04

2

1.36

1

0.51

1

0.12

0

Standards

6

2.94

3

1.53

2

1.02

1

0.38

0

0.16

0

Strata Scrutiny

3

1.47

1

0.77

1

0.51

1

0.19

0

0.06

0

Total

71

 

35

 

18

 

12

 

5

 

1

 

To note - in accordance with the Constitution the Leader has informed the Managing Director that Cllr Parker has taken the vacant Liberal Democrat seat on Overview and Scrutiny Committee (1) and Cllr Jenks has come off Planning Committee.

 

Minutes:

It was proposed by the Leader and seconded by the Executive Member for Sport, Culture and Recreation that the committee seat allocation as set out in the agenda be approved.

 

The Managing Director had been advised that Cllr Jenks was no longer a Planning Committee Member and Cllr Parker was a member of Overview and Scrutiny Committee (1).

 

Cllr Haines commented on the percentages and that in the past a single Independent member would be on Overview & Scrutiny Committee rather that Planning Committee and this could create a precedent in the future if there were any other single Independent members.

 

A roll call was taken (see voting report).

 

RESOLVED that the committee seat allocation be as follows:-

 

Committee

Total

Seats

Lib Dem

 

Con

 

Ind

 

NSN

 

No Group

 

Overview & Scrutiny (1)

13

6.36

7

3.32

3

2.21

2

0.83

1

0.26

0

Overview & Scrutiny (2)

13

6.36

7

3.32

3

2.21

2

0.83

1

0.26

0

Planning

17

8.32

8

4.34

4

2.89

3

1.09

1

0.34

1

Licensing & Regulatory

11

5.38

5

2.81

3

1.87

2

0.70

1

0.22

0

Audit Scrutiny

8

3.91

4

2.04

2

1.36

1

0.51

1

0.12

0

Standards

6

2.94

3

1.53

2

1.02

1

0.38

0

0.16

0

Strata Scrutiny

3

1.47

1

0.77

1

0.51

1

0.19

0

0.06

0

Total

71

 

35

 

18

 

12

 

5

 

1

 

 

 

26.

Waiver of Six Month Councillor Attendance Rule

Section 85(1) of the Local Government Act 1972 sets out that if a councillor does not attend any meeting within a six month period, they will cease to be a member of the authority. This requirement can be waived and the time limit extended if any failure to attend was due to a reason approved by the Council, in advance of the six month period expiring.

 

Due to ill health Cllr Cook has been unable to attend any meetings since Full Council on 30 September 2020. If the Council does not agreed to extend the non-attendance period, Cllr Cook will cease to be a member after 30 March 2020.

 

RECOMMENDED that Council considers the request to extend Cllr Cook’s period of office beyond the six month period of non-attendance provided for within section 85(1) of the Local Government Act 1972 on the grounds of ill health for a period of three months to expire on 30 June 2021.

 

Minutes:

The Chair expressed his support and empathy for Cllr S Cook and wished her well.

 

Cllr L Petherick proposed the recommendation, this was seconded by Cllr Rollason.

 

Members wished Cllr Cook a speedy recovery.

 

A roll call was taken (see voting report).

 

RESOLVED that the request to extend Cllr Cook’s period of office beyond the six month period of non-attendance provided for within section 85(1) of the Local Government Act 1972 on the grounds of ill health for a period of three months to expire on 30 June 2021 be approved.

 

Voting Report pdf icon PDF 2 MB