Agenda and minutes

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No. Item

67.

Minutes pdf icon PDF 365 KB

To approve as a correct record and sign the minutes of the previous Council meeting on 26 July 2022 and Extraordinary Council on 6 September 2022.

 

Additional documents:

Minutes:

It was proposed by the Leader, seconded by the Executive Member for Recycling, Household Waste and Environmental Health that the minutes be approved.

 

RESOLVED that the minutes of the meeting on 26 July 2022 and the Extraordinary meeting on 6 September 2022 be approved and signed as a correct record by the Chair.

 

68.

Announcements

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

 

Minutes:

The Chair thanked the Vice-Chair Cllr Clarance who stood in for him while he was unwell.

 

The Executive Member for Homes, Communities, IT and Cost of Living Crisis announced what processes the Council had in place to address the serious health problems of mould and damp in homes.

69.

Declarations of interest

Minutes:

Cllr J Petherick declared an interest in respect of minute no.71 - report of the Independent Remuneration Panel - as his wife Cllr L Petherick was the Chair of Standards Committee and stated that he would not vote on the matter.

 

Cllr Bullivant declared an interest in respect of minute no.73 – the Rural England Prosperity Fund - as a Trustee of a Community Transport Association who could benefit from this prosperity fund and stated that he would not vote on the matter.

 

70.

Report of the Independent Remuneration Panel pdf icon PDF 1007 KB

Report of the Independent Remuneration Panel – attached.

 

Procedures Committee 24th October, 2022 considered the Independent Remuneration Panel and:-

 

RECOMMENDED to Full Council to accept the recommendations below:-

 

1)    That the basic allowance continue to be upgraded in line with the percentage increase for LGE staff pay award for the previous year. However, for instances of a flat rate award (e.g. £1,925 each to all staff) the increase for Members Allowances be equivalent to the average percentage increase for the LGE staff pay award;

 

2)    That there is no increase in the special responsibility allowance for the Leader and the Deputy Leader of the Council; 

 

3)    That there is no increase to the special responsibility allowances for Executive Members and the Executive Member without Portfolio;

 

4)    That there be no increase in the special responsibility allowances for the Chairs and Vice Chairs of Overview and Scrutiny Committees and a  the Overview and Scrutiny Committee Chairs should report to Annual Council in May 2023 on the work they have undertaken in 22/23 to enable the new Council to review the Scrutiny Structure and work of the Scrutiny committees;

 

 

5)    The special responsibility allowances for the Chair and Deputy Chair of Council remain as the status quo and a review should be undertaken within 12 months to ascertain what Councils in Devon do in respect of this allowance and expenses;

 

6)    The special responsibility allowances for the Chair and Deputy Chair of Planning remain as the status quo;

 

7)    The special responsibility allowances for the Chair of Audit Scrutiny Committee remain as the status quo;

 

8)    That no special responsibility allowance continue for the Vice Chair of Audit Scrutiny Committee;

 

9)    That the special responsibility allowances for the Chair and Deputy Chair of Licensing and Regulatory remain as the status quo. A review of the taxi policy should be undertaken;

 

10)The special responsibility allowance for the Chair of Standards should be the same as the Chair of Audit Scrutiny Committee;

 

11)That no special responsibility allowance for the Vice Chair of Standards Committee as per the Vice Chair of Audit Scrutiny Committee;

 

12)The Independent Person(s) and independent co-opted committee persons continue to be paid £50 for a half and £100 per full day;

 

13)That the principle that any member qualifying for more than one SRA is paid the higher rate allowance only be retained;

 

14)That travel and subsistence payments for councillors be as set out in Appendix A to this report with a review to be undertake to encourage sustainable travel;

 

15)That the present dependent care provisions in the Scheme be endorsed;

 

16)That the Parental Leave policy attached at Appendix B to this report be adopted by the Council with a review of this policy to be undertaken which will look at including foster care leave, parental leave and the requirement to ensure confidentially with regards to the legislation for the six-month rule; and

 

17)That the present list of approved duties within the scheme  ...  view the full agenda text for item 70.

Additional documents:

Minutes:

The Leader proposed the recommendations of the Procedures Committee, he clarified that the recommendations would come into effect from May 2023 after the election and he thanked the Independent Remuneration Panel for their work on the review. This was seconded by the Executive Member for Recycling, Household Waste and Environmental Health and carried.

 

RESOLVED that:-

 

1)    That the basic allowance continue to be upgraded in line with the percentage increase for LGE staff pay award for the previous year. However, for instances of a flat rate award (e.g. £1,925 each to all staff) the increase for Members Allowances be equivalent to the average percentage increase for the LGE staff pay award;

 

2)    That there is no increase in the special responsibility allowance for the Leader and the Deputy Leader of the Council; 

 

3)    That there is no increase to the special responsibility allowances for Executive Members and the Executive Member without Portfolio;

 

4)    That there be no increase in the special responsibility allowances for the Chairs and Vice Chairs of Overview and Scrutiny Committees and a  the Overview and Scrutiny Committee Chairs should report to Annual Council in May 2023 on the work they have undertaken in 22/23 to enable the new Council to review the Scrutiny Structure and work of the Scrutiny committees;

 

 

5)    The special responsibility allowances for the Chair and Deputy Chair of Council remain as the status quo and a review should be undertaken within 12 months to ascertain what Councils in Devon do in respect of this allowance and expenses;

 

6)    The special responsibility allowances for the Chair and Deputy Chair of Planning remain as the status quo;

 

7)    The special responsibility allowances for the Chair of Audit Scrutiny Committee remain as the status quo;

 

8)    That no special responsibility allowance continue for the Vice Chair of Audit Scrutiny Committee;

 

9)    That the special responsibility allowances for the Chair and Deputy Chair of Licensing and Regulatory remain as the status quo. A review of the taxi policy should be undertaken;

 

10)The special responsibility allowance for the Chair of Standards should be the same as the Chair of Audit Scrutiny Committee;

 

11)That no special responsibility allowance for the Vice Chair of Standards Committee as per the Vice Chair of Audit Scrutiny Committee;

 

12)The Independent Person(s) and independent co-opted committee persons continue to be paid £50 for a half and £100 per full day;

 

13)That the principle that any member qualifying for more than one SRA is paid the higher rate allowance only be retained;

 

14)That travel and subsistence payments for councillors be as set out in Appendix A to this report with a review to be undertake to encourage sustainable travel;

 

15)That the present dependent care provisions in the Scheme be endorsed;

 

16)That the Parental Leave policy attached at Appendix B to this report be adopted by the Council with a review of this policy to be undertaken which will look at including foster care leave, parental leave and  ...  view the full minutes text for item 70.

71.

Appointment of Independent Person(s) pdf icon PDF 171 KB

Minutes:

Members had been circulated with a briefing note giving biographical details of the candidates.

 

The Chair proposed the recommendation, this was seconded by the Executive Member for Planning and carried.

 

RESOLVED that the appointment of

 

·       Dr Geraldine Sharp

·       Mr Jamie Hewett

·       Ms Sandra Genender

·       Mrs Hazel Elliott

·       Mr Jonathan Back

 

As Independent Persons for Teignbridge District Council for an initial term of four years from the 29 November 2022 be approved.

 

72.

Review of Election Fees and Charges pdf icon PDF 317 KB

Additional documents:

Minutes:

The Leader proposed the recommendation, this was seconded by the Executive Member for Recycling, Household Waste and Environmental Health and carried.

 

RESOLVED to:-

 

(1)                      Apply the Scale of Costs (Appendix A) to District and Parish Council elections within the Teignbridge local authority area; and

 

(2)                      Remunerate the Returning Officer in accordance with the Scale of Costs (Appendix A).

 

73.

Rural England Prosperity Fund pdf icon PDF 2 MB

Additional documents:

Minutes:

The Executive Member for Economy and Jobs proposed the recommendation, this was seconded by the Executive Member for Homes, Communities, IT and Cost of Living Crisis, who proposed an amendment to recommendation (3) to include in consultation with the Executive Member for Economy and Jobs and Executive Member for Homes, Communities, IT and Cost of Living Crisis. This was agreed by the proposer, put to the vote and carried.

 

RESOLVED that:-

 

(1)  The interventions identified at Section 3 of this report for investment through Teignbridge’s allocation of the Rural England Prosperity Fund be approved;

 

(2)  Delegated authority be given to the Head of Place and Commercial Services to submit a Rural England Prosperity Fund investment plan to Government that reflects the interventions identified at Section 3 of this report; and

 

(3)  Delegate authority be given to the Head of Place and Commercial Services in consultation with the Executive Member for Economy and Jobs and Executive Member for Homes, Communities, IT and Cost of Living Crisis to implement the Rural England Prosperity Fund investment plan upon it being approved by Government.

 

74.

LGV Driver Salaries - Market Forces pdf icon PDF 294 KB

Minutes:

The Executive Member for Recycling, Household Waste and Environmental Health proposed the recommendation, this was seconded by the Leader.

 

Following debate it was proposed by Cllr Swain and second by Cllr Macgregor that the motion be put to the vote.

 

The recommendation was carried unanimously.

 

RESOLVED that:-

 

(1)                      The implementation of the Council’s Market forces Policy to increase LGV driver’s salaries to Grade 21 from 1 December 2022 be approved;

 

(2)                      The increases to the related posts to maintain the grade differentials as detailed in this report be approved; and

 

(3)                      That the charge for the Garden Waste Service be increased to £55 from April 2023 to contribute towards the increased costs associated with the application of the Market Forces policy as detailed above.

 

75.

Committee Seat allocation

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

 

Liberal Democrat Group

22 Seats

Conservative Group

11 Seats

Independent Group

 8 Seats

South Devon Alliance

 4 Seats

Anti-Violence & Positive Politics Group 

 2 Seats

Total Seats

47

 

RECOMMENDED that theSeat Allocation be agreed as below:-

 

 

Committee

Total

Seats

Lib

Dems

Cons

Inds

 

SDA

AV &PP Grp

Overview & Scrutiny (1)

13

6

3

2

1

1

Overview & Scrutiny (2)

13

6

3

2

1

1

Planning

17

8

4

3

1

1

Licensing & Regulatory

11

5

3

2

1

0

Audit Scrutiny

8

4

2

1

1

0

Standards

6

3

1

1

1

0

Strata Scrutiny

3

1

1

1

0

0

Total

71

33

17

12

6

3

 

Minutes:

It was proposed by Cllr Haines, seconded by Cllr Bullivant that the Committee Seat allocations as on the agenda be approved.

 

The recommendation was put to the vote and carried.

 

RESOLVED that the committee seat allocation as below be approved:-

 

Committee

Total

Seats

Lib

Dems

Cons

Inds

 

SDA

AV &PP Grp

Overview & Scrutiny (1)

13

6

3

2

1

1

Overview & Scrutiny (2)

13

6

3

2

1

1

Planning

17

8

4

3

1

1

Licensing & Regulatory

11

5

3

2

1

0

Audit Scrutiny

8

4

2

1

1

0

Standards

6

3

1

1

1

0

Strata Scrutiny

3

1

1

1

0

0

Total

71

33

17

12

6

3

 

76.

Cllr representation on Torbay and South Devon NHS Foundation Trust

To appoint the Councillor representative on the Torbay and South Devon Foundation Trust. Cllrs MacGregor and Russell have expressed an interest in this position.

 

Minutes:

Cllr Eden stated that she would not vote on this item.

 

Cllr MacGregor and Russell addressed Members in respect of their interest to be appointed as the representative on the Torbay and South Devon Foundation Trust.

 

Cllr Morgan proposed that voting be by way of a ballot, this was seconded by Cllr G Hook put to the vote and lost.

 

RESOLVED that Cllr MacGregor be the representative on the Torbay and South Devon Foundation Trust.

 

77.

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 a lasting memorial to the late Queen Elizabeth II and acknowledges the accession of King Charles III has been presented by Cllr Bullivant and supported by Cllrs Jeffrey, Kerswell, Purser, Russell and Thorne.

 

That this Council creates a lasting memorial to our late Queen Elizabeth II and acknowledges the accession of King Charles III by planting two trees (trees of appropriate size and type) in prominent and appropriate locations within the grounds of Old Forde House. One tree to the memory of Queen Elizabeth and one tree to commemorate the accession of King Charles.

 

Also, that all District Councillors are invited to meet the cost of acquiring and planting the trees through a contribution from their individual community funds.

 

Minutes:

Cllr Bullivant presented his Notice of Motion on a lasting memorial to the late Queen Elizabeth II and acknowledges the accession of King Charles by way of planting two trees with the funds being by way of an invitation for members to make a contribution of £50 from their Councillors Community Fund.

 

As two thirds did not agree to a debate the item it was referred to Executive.

 

78.

Councillor Questions pdf icon PDF 507 KB

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

 

Minutes:

Member questions and responses attached to agenda.

 

See the live stream 

https://www.youtube.com/embed/79YVa_jXHM0

 

The Leader stated that he would respond to the supplementary questions in writing.

 

79.

Local Government (Access to Information) Act 1985 - Exclusion of Press and Public

RECOMMENDED that under Section 100(A)(4) of the Local Government Act 1972, the Press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act.

 

Minutes:

The Chair proposed, seconded by the Executive Member for Homes, Communities, IT and Cost of Living Crisis that because of the financially sensitive information to be discussed the Council go into Part II session and exclude the press and public. This was carried.

 

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the Press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act.

 

80.

Teignbridge District Council Housing Development

Minutes:

The Executive Member for Homes, Communities & Cost of Living Crisis proposed the recommendation, this was seconded by the Leader and carried.

 

RESOLVED to allocate a capital budget, subject to a business case,  to progress a site (as advised in the circulated report) to the submission of a  Planning Application.