Agenda and minutes

Executive - Tuesday, 3rd December, 2024 10.00 am

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX. View directions

Media

Items
No. Item

91.

Minutes pdf icon PDF 83 KB

To approve and sign the minutes of the meeting held on 4 November 2024

Additional documents:

Minutes:

The Minutes of the Executive held on 4 November 2024 were agreed as a correct record and signed by the Leader, with the amendment to Minute 89 fourth bullet point to read: The development included 23 properties with social rent that is significantly below market rent.

 

92.

Announcements

Additional documents:

Minutes:

The Executive Member for Environment, Climate and Sustainability reported on the effects of storm Bert and thanked the Council’s drainage and coastal manager and staff, Devon County and Environment Agency staff, emergency services and all community help for their prompt response during the event and recovery stage to assist the community.

 

Flooding had occurred in Newton abbot and the surrounding area with 40 properties affected, but the existing defences had stood up well. There would be further investigation into the event by the response authorities.

 

Note: The second line of the second paragraph of Minute 92 above was amended at the Executive meeting on 6 January 2025 to read  ”40 properties in Devon as a whole affected.”

93.

Declarations of Interest

Additional documents:

Minutes:

None.

94.

Executive Forward Plan

To note forthcoming decisions anticipated on the Executive Forward Plan

 

Additional documents:

Minutes:

The forward plan was noted.

95.

Public Questions

Members of the Public may ask questions of the Leader or an Executive Member. A maximum period of 15 minutes will be allowed with a maximum of period of three minutes per questioner.

 

Additional documents:

Minutes:

None.

96.

Petition referred from Full Council 29 October 2024

The Petition “Save Our Brooks (S.O.B)” was presented by David Force of The Friends of Dawlish Brook to the Council meeting on 29 October 2024, and was referred to Executive. The petition has 2,657 signatures.

Additional documents:

Minutes:

The Petition “Save Our Brooks (S.O.B)” was presented by David Force of The Friends of Dawlish Brook to the Council meeting on 29 October 2024, and was referred to Executive. The petition has 2,657 signatures.

 

Ward Member Councillor Dawson emphasised the importance of the Brook for the economy of Dawlish attracting tourists and visitors, a significant wildlife habitat and the flooding it causes. A volunteer group had formed called WADE (Waterways Around Dawlish Environment) to work with the Council and maintain the Brook through support and empowerment from the Council.

 

The Executive Member for Environment, Climate and Sustainability advised that since the petition was presented to the Council, interested parties had met and agreed responsibilities including riparian responsibilities, and vegetation had been removed. Dredging was not a cost benefit solution and damaged wildlife. The implementation of natural flood risk measures was being investigated, in conjunction with trained WADE volunteers to undertake minor works to maintain an attractive watercourse for tourists, residents and wildlife. 

 

97.

Buckfastleigh Rangers Social Club Lease proposal pdf icon PDF 90 KB

To consider the attached report

Additional documents:

Minutes:

The Deputy Leader and Executive Member for Assets, Economic Development & Communications presented the agenda report.

 

It was noted that the initial rent would be for five years period with a five year rent review.

 

It was unanimously,

 

RESOLVED

 

1. To approve the grant of a 15-year lease to Buckfastleigh Rangers Social Club as detailed in this report.

2. To delegate authority to the Director of Corporate Services to take such decisions as are necessary and appropriate to conclude the grant of the lease on acceptable terms.

 

98.

Notice of Motion referred from Council 29 October 2024

 

 

 

The following motion on the Lawns Covenant was presented by

Cllr Macgregor at Council on 29th October 2024 and referred to

the Executive.

 

“In March 2023, the Bishopsteignton Scout Group was granted

 planning permission for a single storey building to be built at

The Lawns, Bishopsteignton. (The Lawns, a former green space

owned by Teignbridge District Council was sold to Bishopsteignton

 Parish Council for £25,000 over 20 years ago. Since then, the

space has been looked after and maintained to an extremely high

standard with Bishopsteignton matching with facilities and equipment,

 anything Teignbridge has done elsewhere and usually without the

benefit of additional grants.) 

 

The Scout Group were forced to exit their previous location as it was

condemned and no longer fit or safe for purpose. The Scout Group

 which serves multiple neighbouring parishes and towns then sought

an alternative site to build anew. Discussions were held with estates

 who informed the Scout Group there was a covenant, but that it

should not be an issue and to proceed to planning. Planning is an

 expensive process and the application was thorough, detailed

and agreement was reached with all the officers on a way forward,

 leading the application to be passed. Since then, the project has

 stalled. The covenant, which is far from clearly articulated state

s the land must be used for recreational purposes. The Scout hut

 planned and approved is a recreational community building. It is

not a housing or residential development, and it is clearly within

 the scope of the use of The Lawns for recreation. 

 

The Monitoring Officer has quoted cases specific to the removal of

any recreational use with plans for the land to be developed. He has

 stated that the council would be liable, however, as they are no

longer the owner of the land their liability would be at the best limited,

 particularly as 85% of The Lawns area remains open recreational land.

An alternative opinion has been sought that paints a quite different picture

 from that put forward by the Deputy Leader and the Council’s Solicitor.

 That opinion suggests that there is leeway for the construction of a

 recreational community building and notes that the covenant is poorly

 framed. 

 

The Motion: 

In light of the commitment to being community led and noting the

extensive community interest in this Scout Hut, the Scout Group

itself and continuing need to provide recreational services for the

 children of Teignbridge this council wishes to amend the covenant

 to both allow this recreational community building to proceed as

 approved by planning officers and to strengthen the covenant

 for the future protection of this recreation land. 

 

This council seeks to engage an expert legal professional

 in the specifying and writing of covenants to carry out this work.” 

 

 

 

 

Additional documents:

Minutes:

The Deputy Leader and Executive Member for Assets, Economic Development & Communications referred to the Notice of Motion on the Lawns Covenant, Bishopsteignton.  The Council had referred the Notice of Motion to the Executive. Councillor Macgregor had presented the Notice of Motion at Council on 29 October 2024.

 

The Executive Member for Assets, Economic Development & Communications advised that the matter would be deferred until the February Executive meeting at Councillor Macgregor’s request to enable discussions with Bishopsteignton Scout Group to resolve the issue. 

99.

Update of Future High Street Fund

Additional documents:

Minutes:

The Deputy Leader and Executive Member for Estates, Assets and Parking provided the following update to the Executive:

 

Queen Street Enhancement

  • Progress: Courtenay Street works substantially complete; Phase 4 (Albany Street to Devon Square) progressing well.
  • Improvements: Wider pavements, improved accessibility, and traffic restrictions creating a safer, more welcoming environment.
  • Festive Pause: Construction paused (Nov 30 – Jan 2) for Christmas Festive Season and events; Remembrance Sunday parade ran smoothly.
  • Next Steps (2025):
    • January: Install raised pedestrian tables and zebra crossing at War Memorial.
    • February: Plant Juneberry trees and additional greenery.

Market Hall and Market Square Redevelopment

  • Mini Market Hall: Opened in October 2024, ensuring continuity for traders during redevelopment.
  • Construction: Redevelopment commenced November 25, 2024, with completion set for spring 2026.
  • Business Strategy: National market specialists engaged to support long-term sustainability.

UK Shared Prosperity Fund (UK SPF)

  • Outcome: Secured £30,000. Collaboration with TDC, local businesses, the Chamber of Commerce, and NATC to develop a bid is progressing.
  • Impact: Funds will strengthen Newton Abbot’s business economy and resilience.

Bradley Lane Development Site

  • Legal Challenge: A "Judicial Review Pre-Action Protocol Letter" has been received (2 December 2024) from SAVE, limiting updates until the legal process concludes.
  • Strategic Importance: Bradley Lane remains pivotal for Newton Abbot’s regeneration, addressing essential housing and infrastructure needs.

Conclusion

The FHSF projects are progressing well, delivering improved public spaces, business continuity, and economic investment. These initiatives are on track to transform Newton Abbot into a vibrant, accessible, and thriving destination by 2026.

 

100.

For Information - Individual Executive Member Decisions

Executive Member Decisions

Additional documents:

Minutes:

The Executive Member decisions were noted.

101.

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

Additional documents:

Minutes:

RESOLVED

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the item below on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in the relevant paragraph 3 of Part 1 of Schedule 12A of the Act.

102.

Appropriation of Land, Newton Abbot

Minutes:

The Executive considered the agenda report.

 

The meeting returned to public session, Part I of the agenda.

 

It was unanimously,

 

RESOLVED

 

Recommendations 1-4 set out at agenda page 17 be approved.