Agenda and minutes

Full Council - Tuesday, 28th November, 2023 10.00 am

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

Media

Items
No. Item

65.

Minutes pdf icon PDF 103 KB

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

Additional documents:

Minutes:

It was proposed by the Leader and seconded by Cllr MacGregor that subject to the removal on page 12 Motion 4 As two-thirds did not agree to a debate the matter it was referred to Procedures Committee the minutes of the meeting on 17 October 2023 be approved.

 

RESOLVED that the minutes of the meeting of 17 October 2023 subject to the removal on page 12 Motion 4 ‘As two-thirds did not agree to a debate the matter it was referred to Procedures Committee’ be approved and were signed as a correct record by the Chair.

 

66.

Announcements

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

 

Additional documents:

Minutes:

The Leader updated Members on the position with regards to the Devon Devolution Deal, working with the Centre for Governance and Scrutiny in respect of Governance and reviewing the Constitution; He added the Working Group had been established to support the Council Strategy work and there would be a Local Government Association Peer Challenge Review in January 2024.

 

The Executive Member for Corporate Resources advised of a report undertaken by Chris West a Local Government Association Finance Associate.

 

The Chair advised of the civic events he had attended.

 

67.

Declarations of interest

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Minutes:

None.

 

68.

Recommendation from Procedures Committee - Reverting one Overview and Scrutiny Committee pdf icon PDF 99 KB

To consider the recommendation of   Procedures Committee on Monday, 2nd October, 2023

 

RECOMMENDED to Full Council that the Overview & Scrutiny Committees are merged to have one Overview & Scrutiny Committee of 26 Members this would come into effect on 1 January 2024.

 

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Minutes:

The Executive Member for Corporate Resources proposed the recommendation, this was seconded by the Leader.

 

Cllr Sanders proposed an amendment of a single Overview and Scrutiny Committee of 20 members with effect from the Annual General Meeting in May 2024, this was seconded by Cllr Parrott.

 

The proposer and seconder of the original proposal agreed to this being the substantive motion.

 

Cllr MacGregor proposed an amendment that the Administration did not Chair Overview and Scrutiny Committees, this was seconded by Cllr J Taylor put to the vote and lost.

 

Cllr Bullivant proposed to go to one Overview and Scrutiny Committee with 26 members with effect from 1 January 2024 as per the recommendation set out in the report, this was seconded by Cllr Lake put to the vote and lost.

 

The substantive motion was put to the vote and carried.

 

RESOLVED that the Overview & Scrutiny Committees merge to form one Overview & Scrutiny Committee of 20 Members and with effect from the Annual General Meeting in May 2024.

 

69.

Adoption of the revised process for dealing with Member Code of Conduct Complaints pdf icon PDF 77 KB

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Minutes:

The Chair of Standards Committee proposed the recommendation, this was seconded by the Executive Member for Corporate Resources.

 

Cllr J Taylor proposed an amendment that the report be deferred, this was seconded by Cllr Daws put to the vote and lost.

 

The substantive motion was put to the vote and carried.

RESOLVED that the revised process be approved.

 

70.

Appointment of the Town/Parish Representative on Standards Committee pdf icon PDF 93 KB

Additional documents:

Minutes:

The Chair of Standards Committee proposed the recommendation, this was seconded by the Leader.

RESOLVED to approve the appointment of Cllr Lisa May from Exminster Parish Council as the Parish/Town Representative to sit on Standards Committee for a term of two years with effect from 28 November 2023.

 

71.

Energy Supply Contract Renewal pdf icon PDF 170 KB

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Minutes:

The Executive Member for Corporate Resources proposed the recommendation, this was seconded by the Leader.

 

RESOLVED to:-

 

(1)            Provide the Environmental Protection Manager the authority to renew the LASER energy contracts covering the supply of gas (Framework: Y22008) and electricity (Framework: Y22009) between 01/10/2024 and 30/09/2028; and

 

(2)            Instruct the Climate Change Officer, in consultation with the Executive Member for Climate Change, to write to Laser urging the early introduction of the Green Basket product identified in the report to provide the option to source up to 100% of our electricity demand from renewable energy generators, in accordance with Target 3 of the Part 1 Carbon Action Plan.

 

72.

Teign Estuary Trail project delivery support pdf icon PDF 183 KB

Additional documents:

Minutes:

The Executive Member for Planning proposed the recommendation, this was seconded by the Leader.

 

RESOLVED:-

 

(1)                To approve £1,000,000 of Community Infrastructure Levy (CIL) to support the Teign Estuary Trail project delivery;

(2)                That the £1,000,000 will consist of £50,000 towards the (Strategic) Outline Business Case and, subject to this evidencing an outcome of at least 2:1 Benefit Cost Ratio, the £100,000 for design costs and the £850,000 for land acquisition costs; and 

(3)                To delegate the authority to the Head of Place & Commercial Services, in consultation with the Executive Member for Planning, to enter into a funding agreement with Devon County Council that accords with the funding agreement requirements in paragraph 1.3 of Part II (exempt part) of this report, and to oversee the ongoing progress. 

 

The vote was unanimous.

 

73.

Approval of the Joint Strategy for East Devon, Exeter, Mid Devon and Teignbridge pdf icon PDF 115 KB

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Minutes:

The Executive Member for Planning proposed the recommendation, this was seconded by the Leader.

 

RESOLVED to approve the Joint Strategy (Appendix 1) subject to this being agreed by the partner authorities, with delegated authority given to the Director of Place and Commercial Services in consultation with the Executive Member for Planning to make any amendments arising from the resolution of the other authorities provided these do not materially alter the content of the document.

 

74.

Community Infrastructure Levy Draft Charging Schedule pdf icon PDF 137 KB

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Minutes:

The Executive Member for Planning proposed the recommendation, this was seconded by the Executive Member for Corporate Resources.

 

RESOLVED to:-

 

(1)  Approve the Final Draft CIL Charging Schedule (Appendix A) and the CIL Policies and Guidance (Appendix C) for a period of public consultation of at least 4 weeks; 

(2)  Following consultation, submit the Final Draft CIL Charging Schedule, and associated consultation responses and evidence, for Public Examination; and

(3)  Grant delegated authority for the to the Head of Place and Commercial Services, in consultation with the Executive Member for Planning, to make minor changes to appendices A - C prior to consultation to address any editorial errors and matters of clarification. 

 

The vote was unanimous

 

75.

Appointment to Local Government Association Special Interest Group Rural Services Network

Additional documents:

Minutes:

The Leader proposed that Cllr Steemson be appointed to represent the Council on the Local Government Association Special Interest Group Rural Services Network, this was seconded by the Executive Member for Corporate Resources.

 

RESOLVED that Cllr Steemson be appointed to represent the Local Government Association Special Interest Group Rural Services Network.

 

The vote was unanimous.

 

76.

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.

 

 

Motion 1

 

The following motion in conservation areas has been presented by Cllr Mullone and supported by Cllrs Daws, Bradford, Macgregor, Radford, J Taylor and Gearon.

 

Large parts of residential Teignbridge are designated Conservation Areas. The rules for a conservation area come under Article 4 Directions that, unlike listed status for an individual building which are nationally codified, may be set and amended by a district council.

 

The rules for Conservation Areas in Teignbridge have not been re-examined for a long time. They do not take into account the sweeping changes in technologies, materials or group aesthetics. Neither do they account for the Climate Emergency that has been declared by many councils including this one.

 

Amendment to these rules is seriously overdue, most urgently in regard to windows and solar panelling. The rules on windows were drafted to stem the tide of shiny white plastic PVC windows being installed without thought in Georgian and Victorian houses that began to detract from areas of archirtectural heritage in the 1980s. These insist on like-for-like replacement of timber frame louvre windows. Today windows are being made from airtight, scientifically advanced materials that are, to any observer, entirely in keeping with older houses and which would bring them up to environmental standards with no loss of area aesthetics.

 

Solar panels, meanwhile, may need a change in our culture. We have decided as a society that wind turbines do not ruin a landscape; in fact most of us are pleased to see them. We might adjust our sensibilities to accommodate solar panels on the roofs of older, architecturally attractive dwellings. None of them, after all, have the original roof anymore so it seems somewhat contrarian to object to solar panels being installed on them.

 

We need to permit sensible ecological adjustment in Conservation Areas, as blanket bans make no sense, run contrary to our declared Climate Emergency and the rules are currently being applied with no consistency at all. At the Forde Park Conservation Area in College Ward we have residents being persecuted for high-quality modern upgrades next to houses full of PVC that have got away with it for years, seemingly because they weren’t ‘dobbed in’ by a neighbour within the required time.

 

I therefore propose that:

 

A) A task and finish group be put together to look at reassessing the limits of remodelling in the area’s Conservation Zones with an eye to allowing green improvements, and

 

B) Any resident with a current notice against them be given a stay of execution on any remodelling requirement until the rules can be examined and reframed.

 

Motion 2

 

The following motion on Devon County Council library service has been presented by Cllr Daws and supported by Cllrs Bradford, Macgregor, Radford, J Taylor,  ...  view the full agenda text for item 76.

Additional documents:

Minutes:

Motion 1

 

 

Cllr Braford in Cllr Mullone absence presented the motion on the remodelling of conservation areas zones to allow green improvements.

 

As two-thirds of Members did not agree to a debate the matter it was referred to Procedures Committee.

 

Motion 2

 

Cllr Daws presented the motion on the Devon County Council decision to close the Mobiles Library Services.

 

Members debated the item and were in full support of this Notice of Motion. The Leader would write to Devon County Council asking them to reconsider their decision.

 

Motion 3

 

Cllr P Parker presented the motion on at Planning Committee enabling through the chair, questions requesting clarification of a point made during the presentation to be put to an applicant/ objector and answered by them. 

 

The matter it was referred to Procedures Committee.

 

Motion 4

 

Cllr J Taylor presented the motion on the changing facilities at Broadmeadow Leisure Centre.

 

More than five members asked for a roll-call to decide if two thirds of Members present wanted to debate this matter today.

 

Recorded vote under Procedure Rule 4.13.5

 

For  Cllrs Bradford, Bullivant, Daws, Dawson, Gearon, Hall, Lake, MacGregor, P Parker, Peart, Purser, Radford, Rogers, Ryan, Smith,  J Taylor,  webster Total 17

 

Against Cllrs Buscombe, Farrand-Rogers, Goodman-Bradbury, Hayes, Jackman, James, Keeling, Morgan, Nutley, Palethorpe, C Parker, Parrott, Rollason, Sanders, Swain, G Taylor, Williams, Wrigley, D Cox   Total 19

 

Abstain Cllrs Nuttall, Steemson, Thorne, Clarance   Total 4

 

Absent: Cllrs Atkins, H Cox, Henderson, Foden, Hook, Mullone, Jeffries,

Total 7

 

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

 

77.

Councillor Questions pdf icon PDF 533 KB

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

 

Additional documents:

Minutes:

Councillors Questions and responses attached to the agenda.