Agenda and minutes

To approve and sign the minutes of the meeting held on 6 January 2025

The Minutes of the meeting held on 6 January 2025 were confirmed as a correct record and signed by the Leader.

The Leader gave an update on devolution and the local government reform.

The Devon District Forum consisting of all Leaders had been meeting and as from 10 February 2025 a group of 7 Leader, of which he was one, would produce a plan by 21 March 2025 as per the instructions of the Minister of State for Local Government and English Devolution. This would be the best deal for the Council and Devon and which the data evidence would support.

The Council would be further updated on the matter at the Council meeting on 25 February 2025.

None.

To note forthcoming decisions anticipated on the Executive Forward Plan

The Executive Forward Plan was noted.

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.

None.

To consider the attached report and the views of the Overview and Scrutiny Committee held on 4 February 2024.

Agenda for Overview and Scrutiny Committee on Tuesday, 4th February, 2025, 10.00 am - Teignbridge District Council

The Executive Member for Corporate Services Cllr Parrot presented the agenda report. In proposing the recommendation set out in the agenda report the following was also referred to:

·      There had been 841 responses to the survey.

·      78% agreed with an increase of the Council Tax by 2.99%.

·      85% agreed with the Council’s priorities, an increase over 64% the previous year.

·      The top 3 non statutory services supported in order of priority were public toilets, open spaces, and beaches and resorts.

·      The Overview and Scrutiny Committee had considered the financial plan proposals at meetings on 7 January and 4 February 2025 and had agreed with the proposals.

The Leader thanked the Chief Finance officer and staff for putting together the financial plan.

It was proposed by the Executive Member for Corporate Services, seconded by the Leader and unanimously,

RECOMMENDED

The Executive proposes to Full Council a budget as set out as in appendix 4 for revenue and appendix 7 for capital and

RESOLVED

That these proposals be considered together with any subsequent consultation comments for approval by Council as the final budget for 2025/26 and the outline plan for the subsequent years 2026/27 and 2027/28.

The proposed budget includes:

·         An increase in council tax of £5.87 or 2.99% to £202.28

·         Maintaining 100% council tax support

·         Continuing to react to the climate change emergency by maintaining ongoing revenue budgets for a climate change officer and associated spending in revenue and provision in the capital programme, including ongoing provisions for corporate decarbonization schemes as per 5.5.

·         A £2 million provision for employment sites funded by borrowing.

·         Continuing funding for a Scrutiny Officer to assist Members with the Scrutiny function and working groups and other temporary resources for facilitating the Modern 25 work.

·         Authority for Executive to exceed the approved overall revenue budget by up to £200,000 per 4.25.

·         Support for housing including the Teignbridge 100 (see 5.3) whilst backing business and bringing people and organisations together for local neighbourhood planning.

·         Other central funding reductions – in particular provisional assumptions for business rates for future years and reset of the baseline.

·         Reserves at 12.7% of the net revenue budget or £2.5 million.

·         Infrastructure delivery plan investment funded by community infrastructure levy and external sources where available as per 5.4.

·         Continuation of grant funded South West Regional Monitoring Programme as per 5.6.

·         Town centre investment in infrastructure and employment as per 5.7.

·         Revenue contributions to capital being increased from £500,000 to £1,500,000 per annum.

·         Increasing the ‘invest to save’ reserve to £500,000.

·         Councillors community fund set at £1,000 each.

·         Providing additional 5% funding to core voluntary group grant contributions.

·         The Financial Plan 2025 – 2030 as updated for adoption (at Appendix 8) and to facilitate Member progression of work plans by Overview & Scrutiny to address the budgetary position and deliver savings.

Executive Member for Economy, Estates and Major Projects to report.

The Executive Member for Economy, Estates and Major Projects Cllr Palethorpe, reported that the Future High Streets Fund (FHSF) programme in Newton Abbot was  progressing across key projects, including Queen Street enhancements, Bradley Lane regeneration, and Market Hall & Market Square redevelopment.

Queen Street Enhancement – Final Phase

The final phase of improvements resumed in January 2025 after a December pause. Key works include:

• Raised junction at Queen Street/Albany Street to improve pedestrian safety.
• New zebra crossing at the War Memorial.
• Additional road markings, blue badge parking bays, and 20 mph signage.
• Seating, planters, and trees to be installed by end of February 2025.

Queen Street is now ‘Restricted Access Only,’ with enforcement set to begin once all elements are completed.

Bradley Lane Regeneration

Site clearance is progressing, with full completion expected by March 2025. Key updates include:

• Demolition work continues to be on schedule.
• Planning approval secured for bat house installation, with surveys confirming no current bat presence.
• Plans for leat diversion are being finalised, with construction contingent on tender responses and environmental conditions.

This project aims to prepare the site for future development and much-needed housing.

Market Hall & Market Square Redevelopment

Redevelopment efforts are proceeding as planned:

• Soft demolition (internal strip-out) is completed.
• Structural demolition of 1970s additions are underway, expected to finish by March 2025.
• The refurbishment remains on schedule to enhance facilities for traders, visitors, and businesses.

Conclusion

All projects remain on track, ensuring Newton Abbot benefits from improved accessibility, enhanced public spaces, and sustainable town centre development.

The update was noted.

The Notice of Motion referred from Council 29 October 2024, The Lawns Covenant, Bishopsteignton was deferred at the Executive meeting on 3 December 2024 at Councillor Macgregor’s request to enable discussions with Bishopsteignton Scout Group to resolve the issue.

The Notice of Motion is set out below.

“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.”

The Executive Member for Economy, Estates and Major Projects Cllr Palethorpe report on the legal and procedural matters concerning the Bishopsteignton Scouts’ planning permission and the restrictive covenant on the land which had been thoroughly reviewed in relation to the Notice of Motion set out on the agenda.

The land was previously owned by Teignbridge District Council and transferred to Bishopsteignton Parish Council for £25,000 on generous terms.

Subsequently, Bishopsteignton Scouts were granted planning permission to develop the site. However, planning permission does not override a legal covenant and legal restrictions remain enforceable unless formally removed through proper legal processes. The restrictive covenant remains in force and its removal would pose a significant legal and financial risk to the council.

In conclusion, there is no evidence that Council officers assured the Parish Council or the Scouts that the covenant could be lifted. The legal position on restrictive covenants is well-established, and any removal would require formal legal processes that could be subject to legal challenge, which would expose the Council to potentially substantial legal costs to the taxpayer. There is no documented legal correspondence between the legal representatives of Bishopsteignton Scouts, the Parish Council, and the Council regarding any attempt to remove the covenant.

The Executive Member for Economy, Estates and Major Projects Cllr Palethorpe proposed that the position as set out above is accepted and that any further action should be taken by Bishopsteignton Scouts and the Parish Council through their own legal representatives. This was seconded by the Leader and unanimously,

RESOLVED

The position as set out above is accepted and that any further action should be taken by Bishopsteignton Scouts and the Parish Council through their own legal representatives.

Report to follow

The Executive Member for Economy, Estates and Major Projects Cllr Palethorpe proposed the recommendation set out in the agenda report. The situation had demonstrated how community organisations, and the Council can work in partnership to benefit and enhance opportunities for residents and community club members.   

A new 28-year lease would enable the Club to invest into the facilities and ensure future community engagement. The Council would also benefit from the position of being cost neutral, as the maintenance liabilities would pass to the Bowls Club.

The proposal was seconded by the Leader and unanimously,

RESOLVED

(1)          To approve the grant of a 28-year lease to Dawlish Marina Bowls Club.

(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.

Executive Member Decisions

The Executive decisions found at the link on the agenda were noted.