Agenda and minutes

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

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

Cllr Patch proposed that the minutes be deferred in order that the supplementary questions and responses be written into the minutes, this was seconded by Cllr Eden, put to the vote and lost.

The minutes of the meeting on 20 September 2021 were approved and signed as a correct record by the Chair.

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

The Chair brought to Members attention that woodland known as Perridge estate was the joint winner of the All-England Woodland Resilience Award.

Cllr Taylor, with permission of the Chair, gave a sincere apologies for his part in what occurred at the last meeting of this Council and that he would not act in that manner in the future.

The Chair stated that agenda item 18 would be taken after agenda item 19.

Cllr Patch commented that he made a judgement call on putting these declarations of interest in the public domain. In respect on agenda item 8 (minute no.68) as he was engaged in legal action against Teignbridge District Council and the Interim Monitoring Officer was representing the Council in respect of this legal action. He also declared that he had submitted a complaint for the breach of the officer’s code of conduct against Interim Monitoring Officer. He commented he would take part in the debate but not vote.

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.

Public question and response attached.

See the live stream - Full Council - YouTube.

The Executive Member for Corporate Resources proposed the recommendation and thanked Grant Thornton, the External Auditors, and officers for their work on concluding the audit. This was seconded by Cllr Morgan.

Julie Masci from the external auditors Grant Thornton commented that there were no significant issues. There was qualification around the valuations this was a very complex area and the detail of this was being looked at by the moderators.

The Chief Finance Officer advised that payments to ex-employees was detailed in the accounts annually.

RESOLVED that:-

(a)            The 2020/21 Statement of Accounts including the Annual Governance Statement and letter of representation as recommended by the Audit Scrutiny Committee be approved subject to any final adjustments agreed with the external auditors and reported to Council;

(b)            The Audit Findings Report from Grant Thornton be approved and the actions arising from the action plan be noted; and

(c)             The mid year review of Treasury Management for 2021/22 as recommended by Executive on 2 November be noted.

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act.

The Chair proposed, seconded by the Leader that because of information relating to an individual the Council go into Part II session and exclude the press and public. This was carried.

RESOLVEDthat under Section 100 (A) (4) of the Local Government Act 1972 that press and public be excluded from the meeting of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of part 1 of schedule 12 A of the Act.

The Leader, as Chair of Appointments and Remuneration Committee, will present the recommendation of the meeting on Thursday, 25th November, 2021, – to follow

The Head of Legal Services and Interim Monitoring Officer left the meeting for the consideration of this item.

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

RESOLVED that the appointment of Paul Woodhead as the Monitoring Officer to the Council be approved.

To recommend that the following items be discussed with the press and public present.

The Chair proposed, seconded by the Executive Member for Recycling, Household Waste and Environmental Health that the following items be taken in Part I. This was carried.

The Executive Member for Corporate Services proposed the recommendation be approved, this was seconded by Cllr Morgan and carried.

RESOLVED the proposed capital budget of £267,000 for the replacement of the current financial management system and any associated systems linked to the financial management system be approved.

The Executive Member for Recycling, Household Waste and Environmental Health will present the recommendation from the Executive on 2nd November 2021

RECOMMENDED to Full Council to approve the Driver and Operational Staff salary changes.

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

RESOLVED that the Driver and Operational Staff salary changes be approved.

The Deputy Chair of Licensing and Regulatory Committee will present the recommendation from the Licensing and Regulatory Committee on 20 October 2021

RECOMMENDED that the amended Statement of Principles be referred to Full Council for approval.

The Deputy Chair of Licensing and Regulatory Committee proposed the recommendation be approved, this was seconded by Cllr Russell and carried.

RESOLVED that the amended Statement of Principles be approved.

The Chair of Audit Scrutiny Committee will present the recommendation from   Audit Scrutiny Committee on 27 October 2021

RECOMMENDED to Full Council that the revision of the financial thresholds within the Contract Procedure Rules be approved as stated in table 2 of 3.7 of the report.

The Chair of Audit Scrutiny Committee proposed the recommendation, this was seconded by Cllr Rollason and carried.

RESOLVED that the revision of the financial thresholds within the Contract Procedure Rules be approved as stated in table 2 of 3.7 of the report.

The Chair of Standards Committee will present the recommendation for the appointment of Shelia Brooke and Jane Taylor as the Town/Parish Representatives to sit on Standards Committee.

RECOMMENDED that Sheila Brooke and Jane Taylor be appointed as the Town/Parish Representatives on Standards Committee.

The Chair of Standards Committee proposed the recommendation for the appointment of Sheila Brooke and Jane Taylor as the Town/Parish Representatives to sit on Standards Committee, this was seconded by the Leader and carried.

It was noted that this was initially for a period of two years.

RESOLVED that Sheila Brooke and Jane Taylor be appointed as the Town/Parish Representatives on Standards Committee.

The Chair of Procedures Committee will present the recommendation from  Procedures Committee on 14th October 2021

RECOMMENDED to Full Council that:-

(1)            All Councillors be reminded that the deadline for submission of new  information on planning applications being considered by the Planning Committee is two clear working days prior to the meeting and no later; and

(2)            Any new information or submissions regarding planning applications should be submitted to the planning email address planning@teignbridge.gov.uk by two clear workings days prior to the meeting.

It was proposed by the Chair and seconded by the Leader that the recommendations be approved.

Cllr Patch proposed an amendment that the recommendations be deferred until a full and through review of the planning process had been undertaken, this was seconded by Cllr Macgregor, put to the vote and the amendment was lost.

The substantive recommendations were put to the vote and it was:-

RESOLVED that:-

(1)            All Councillors be reminded that the deadline for submission of new  information on planning applications being considered by the Planning Committee is two clear working days prior to the meeting and no later; and

(2)            Any new information or submissions regarding planning applications should be submitted to the planning email address planning@teignbridge.gov.uk by two clear workings days prior to the meeting.

The Chair of Procedures Committee will present the recommendation from  Procedures Committee on 14th October 2021

RECOMMENDED to Full Council that:-

(1)            Members and Parish Councils can request that applications to vary conditions (including legal aspects) be call-in to Planning Committee in-line with Councils usual process: and

(2)            A report on the variations to conditions for major applications that have been approved be placed on the Planning Committee for information.

The Chair proposed the recommendations be approved, this was seconded by the Leader and carried.

RESOLVED that:-

(1)            Members and Parish Councils can request that applications to vary conditions (including legal aspects) be called-in to Planning Committee in-line with the Council’s usual process: and

(2)            A report on the variations to conditions for major applications that have been approved be placed on the Planning Committee for information.

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

RECOMMENDED that the Seat Allocation be agreed as below:-

Not politically balanced:-

The Leader proposed the recommendation for the committee seat allocations as per the printed agenda and circulated update sheet, this was seconded by Cllr Macgregor.

Cllr Daws proposed an amendment that Cllr Patch be allocated a seat on Planning Committee, this was seconded by Cllr Mullone put to the vote and lost.

The substantive motion was put to the vote and it was:-

RESOLVED that the Seat Allocation be agreed as below:-

Not politically balanced:-

·       Overview and Scrutiny Committee (1) nomination – Cllr Macgregor

·       Overview and Scrutiny Committee (2) nomination - Cllr Eden

·       Licensing and Regulatory Committee nomination – Cllr Linda Goodman-Bradbury

·       Procedures Committee – Cllr Macgregor

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.

Notice of Motion 1

The following motion on the Constitution has been presented by Cllr Swain and supported by Cllrs Dewhirst, G Hook, J Hook, Keeling, Nutley and Wrigley – background information attached.

At the last council meeting this council affirmed the constitution as set out on our website.  It was suggested that there were material changes in the document when compared to the previous version, and in some cases there are.

There are 2 points where clear material changes have occurred and these should be reversed.

4.3.2(e): Previously the public could ask questions relevant to “the business of the council”. This has been changed to “the business of the meeting”. This is a significant material change.

Section 6, Schedule 2 row 2B3: Group Leaders never had the power to veto a change to the constitution because they didn’t like it, however wording has been removed “If group leaders agree a change is minor, It can be done by democratic services manager” The power is lost, for a Group leader to insist that a change is major if others claim it is minor.

In tidying up the constitution, it was not been modified to use gender neutral language throughout. We should replace references to chairman with chair, and he/his with they/their. These are simple changes that encourage wider participation in democracy, and there is no justification for not making them.

I propose that the monitoring officer be asked to produce a form of words that restores the meaning of these two paragraphs and substitutes gender neutral language throughout. The revisions be approved by Full Council.

Notice of Motion 2

The following motion on Moving with the times - 21st Century Councils meeting virtually has been presented by the Leader and supported by Cllrs Dewhirst, Evans, G Hook, J Hook, Keeling, Nuttall

The temporary enabling of virtual council meetings in response to the coronavirus pandemic allowed the council to continue making democratic decisions efficiently, transparently and safely without the need for physical meetings in one place. We welcomed the return to in-person meetings where they can safely and efficiently take place, but also recognise the benefits to democracy of providing flexible meeting options, including opening up local democratic decision-making and creating a more accessible experience for councillors and the public.

The council notes in particular the following advantages of being able to hold remote and hybrid council meetings:

1) Some councillors and prospective councillors have work or caring commitments, or mobility or accessibility issues limiting their ability to attend meetings in person. Virtual meeting options provide more flexibility and accessibility for councillors to attend council meetings. In the future, this flexibility and increased accessibility could help to attract a wider range of potential councillors.  ...  view the full agenda text for item 78.

Cllr Swain presented his Notice of Motion on the constitution. This was referred to Procedures Committee for consideration.

The Leader presented his Notice of Motion on moving with the times - 21st Century Councils This was referred to the Executive for consideration.

Cllr Macgregor presented his Notice of Motion on a vote of no confidence in the Leader.

Some Members asked for a debate in line with Council Procedural Rule 4.9.4 having two thirds of those present needed to agree to a debate. A recorded vote was asked for by at least five Members under Procedure Rule 4.13.5 and it was lost.

Recorded vote under Procedure Rule 4.13.5

For: Cllrs Daws, Eden, Hocking, MacGregor, Mullone and Patch

(6 Members)

Against: Cllrs Bullivant, Colclough, Connett, D Cox, H Cox, Dewhirst, Goodman-Bradbury, Gribble, Hayes, G Hook, J Hook, Jeffrey, Jeffries, Jenks, Keeling, Kerswell, Morgan, Nutley, Nuttall, J Petherick, Phipps, Rollason, Russell, Swain, Taylor, Wrigley, Evans and Parker.

(28 Members)

Abstain: Cllrs Clarance, Parker-Khan, L Petherick and Tume.

(4 Members)

Cllr Cook did not vote.

Absent: Cllrs Austen, Bradford, Foden, Haines, Orme, Peart, Purser and Thorne.  

(8 Members)

The Leader gave a statement in response to this Notice of Motion of no confidence.

Cllr Macgregor proposed his Notice of Motion, this was seconded by Cllr Eden, put to the vote and lost.

A recorded vote was asked for by at least five Members under Procedure Rule 4.13.5.

Recorded vote under Procedure Rule 4.13.5

For: Cllrs Daws, Eden, Hocking, MacGregor, Mullone and Patch

(6 Members)

Against: Cllrs Bullivant, Colclough, Connett, D Cox, H Cox, Dewhirst, Goodman-Bradbury, Gribble, Hayes, G Hook, J Hook, Jeffrey, Jeffries, Jenks, Keeling, Kerswell, Morgan, Nutley, Nuttall, J Petherick, Phipps, Rollason, Russell, Swain, Taylor, Wrigley, Evans and Parker.

(28 Members)

Abstain: Cllrs Clarance, Parker-Khan, L Petherick and Tume.

(4 Members)

Cllr Cook did not vote

Absent: Cllrs Austen, Bradford, Foden, Haines, Orme, Peart, Purser and Thorne.

(8 Members)

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.

Member’s questions and responses are attached to minutes.

The relevant Executive Member responded to the supplementary questions arising therefrom. See the live stream - Full Council - YouTube and Full Council part 2 - YouTube