Agenda and minutes

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

It was proposed by the Leader Councillor Keeling and seconded by Councillor Parrott that the minutes of the meeting on 30 July 2024 be approved.

It was proposed by Councillor Daws and seconded by Councillor J Taylor       that the minutes of the meeting on 30 July 2024 be amended to reference a particular incident that took place during the meeting.

The Leader and seconder of the original motion accepted this amendment to their original motion.

RESOLVED that the minutes of the meeting of 30 July 2024 be approved and signed as a correct record by the Chair with an amendment to reference the discussion that took place during the meeting.

Note:

The incident and discussion that took place at the Council meeting on 30 July 2024 was the Chair paused the meeting during Minute 49 Public Questions due to disorder in the Chamber and following an outburst from a Councillor directed at the Chair.

Councillor Cox declared a non-pecuniary interest in Minute 71 by virtue of a close family member being a former employee at Teignmouth Lido and another holding a secretarial post with Teignmouth Lifesaving Society.

Councillor Rogers declared a non-pecuniary interest in Minute 75 by virtue of his involvement with Outreach using a council car park in his ward. He took no part in the discussion and abstained from voting on this item. 

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

Cllr Keeling advised that Cllr Parrott has been appointed an Executive Member for Corporate Resources, Cllr Hook has replaced Cllr Wrigley on South and East Devon Habitats Regulatory Executive Committee, Cllr Palethorpe has replaced Cllr Keeling on Strata Joint Executive,

The Chair announced that: she had engaged with projects supporting Ukraine; attended Civic Services with Dawlish Town Council and Mid-Devon District Council; attended a graduation event at South Devon College; chaired a charity dog show; attended the High Sheriff of Devon’s Festival at Exeter Cathedral and the launch of Westbank Gym in Exminster which accommodates special needs and wheelchair users; removal of chewing gum from pavements; progressions of a Teignbridge Civic event  for March 2025 for the International Day of Happiness; and a Don’t Miss Out campaign for benefit claimants.

The Vice Chair had attended the Lord Mayor of Plymouth’s Civic Reception.

The Chair on behalf of the Council expressed condolences to the families of former Councillors Reg Windsor, Bill Russell and  Joan Lambert who had recently passed away, also mentioning former Councillor Sylvia Russell, for their loss.

The Chair welcomed David Force to the meeting who presented a petition from the Friends of Dawlish Brook ‘Save our Brook’ with 2,657 signatures.

The Managing Director advised that the petition would be referred to the Executive and that officers had already met Mr Force to discuss his concerns regarding the Brook.

In addition to notifications on the agenda, the Leader: paid tribute to the three former Councillors who had recently passed away; advised that abuse and bad language directed at the Chair and other Councillors would not be tolerated by the political groups who had jointly taken a robust stand on this issue.

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 public questions and responses are attached to the agenda.

Councillor Daws left the meeting at this juncture.

The Chair welcomed Mr Barber from the Council’s external auditors Grant Thornton.

The Leader, Councillor Keeling proposed approval of the revised final statement of accounts 2021/22 and 2022/23 including the updated Annual Governance Statements for 2021/22 and 2022/23 and letters of representation for 2021/22 and 2022/23 as recommended by the Audit Scrutiny Committee.

This was seconded by Councillor Morgan, put to the vote and carried.

RESOLVED

The revised final statement of accounts 2021/22 and 2022/23 including the updated Annual Governance Statements for 2021/22 and 2022/23 and letters of representation for 2021/22 and 2022/23 as recommended by the Audit Scrutiny Committee be approved.

The documents were signed by the Chair, the Leader, Managing Director and the Chief Finance Officer in the presence of Mr Barber from the External Auditors.

To consider the following recommendation from the Audit Scrutiny Committee as follows.  The minutes and background information can be found at the link below:

Agenda for Audit Scrutiny Committee on Wednesday, 9th October, 2024, 10.00 am - Teignbridge District Council

RECOMMENDED to Full Council that the revised terms of reference and authorisation process for the Council Tax base, the Annual Governance Statement, and the Financial Statements, are approved.

Councillor Morgan proposed that that the revised terms of reference and authorisation process for the Council Tax base, the Annual Governance Statement, and the Financial Statements, are approved.

This was seconded by Councillor Parrott, put to the vote, and carried.   

RESOLVED

The revised terms of reference and authorisation process for the Council Tax base, the Annual Governance Statement, and the Financial Statements, be approved.

To consider the recommendation from Executive on Tuesday, 10th September, 2024,

The Executive recommends to Council that the draft treasury management results for 2023/24 at appendix 4 are noted

The Leader Councillor Keeling proposed that the draft treasury management results for 2023/24 at Appendix 4 of the agenda report for Executive 10 September 2024 be noted.

This was seconded by the Executive Member for Finance Councillor Parrott, put to the vote and carried.

RESOLVED

The draft treasury management results for 2023/24 at Appendix 4 of the agenda report for Executive 10 September 2024 be noted.

To consider the recommendation from Executive as follows.

The full Minute can been seen at the link Agenda for Executive on Monday, 7th October, 2024, 10.00 am - Teignbridge District Council

This was a recommendation from the Medium-Term Financial Plan task and finish group, and subsequently the Overview and Scrutiny Committee on 16 September 2024.

RECOMMENDED to Full Council that:-

1.    The Council Tax Policy is amended to remove the 100% Council Tax exemption (1 month period) for empty, unfurnished properties.  This revokes a decision made by Full Council on 15 January 2013 and concerns only the Class C discount

2.    The Discretionary Non-Domestic (Business) Rate Relief Policy is amended to reflect the following changes:

a.      £1,500 Cap (no step or phasing) to be introduced across all discretionary relief regardless of organisation type

b.    50% maximum award for ‘Not for Profit’ Organisations (£1,500 Cap would also still apply)

c.    Maximum two years awards at any one time.  After that organisations must re-apply and then depending on circumstances relief can be re-awarded on a one or two year basis if eligible

d.    The policy will be strengthened to make it clear that Teignbridge District Council view Discretionary Rate Relief as a short-term assistance to allow the organisation to establish itself and achieve financial stability and are not minded to use discretionary rate relief as a financial top-up for organisations that are not otherwise financially viable.

It was proposed by the Leader Councillor Keeling that this item be postponed until the January 2025 Council meeting to enable the Budget announcements on 30 October 2024 to be considered. In addition, to minimise the risk of challenge when applying the new proposals, the Council should have these  clearly set out in a supporting policy which would not be drafted until the outcome of the Autumn Statement was announced.

This was seconded by Councillor Bullivant, put to the vote and carried.

RESOLVED

Consideration of this matter be deferred until the January 2025 Council meeting.

The Leader Councillor Keeling proposed the recommendation as set out in the agenda report.

This was seconded by the Executive Member for Finance Councillor Parrott, put to the vote and carried.

RESOLVED

Councillors be appointed to the committees and positions set out in the agenda report.

To consider the attached report of the Director of Customer Experience and Transformation  - Director of Corporate Resources to present

Councillor Cox declared a non-pecuniary interest by virtue of a close family member having been employed at Teignmouth Lido when it was operating during the summer. He remained present throughout this item advising that no relation is currently employed at the Lido.

Councillor Paul Parker left the meeting and returned prior to discussions below.

Councillor J Taylor referred to the environmental impact assessment at agenda page 317 and proposed that the item be deferred for a more meaningful equality impact assessment. This was seconded by Councillor Bradford, put to the vote and LOST.

Councillor Williams proposed to accept the recommendation as set out in the agenda report. This was seconded by Councillor Hall.

In relation to public toilets being provided other than by the Council and agenda report recommendation 2 on commencing public consultation on the Council stopping provision of public toilets, Councillor Macgregor proposed an amendment to the recommendation that the words be to review all potential options for the provision of public toilets instead of stopping. This was seconded by Councillor J Taylor, put to the vote and carried.

RESOLVED

1.To disposal of Old Forde House.

2.To commence public consultation to review all potential options for the provision of public toilets.

3. To carry out an Options appraisal of the Lido site in Teignmouth to determine whether it is possible to improve its financial viability and to look at alternative uses.

4. To remove some of the M25 strategic portfolio savings identified as unviable (as identified in Section 3 of the agenda report).

At this juncture the Meeting adjourned for a short break.

The meeting reconvened.

Councillor James left the meeting at this juncture.

Councillors Hook and  Wrigley returned to the meeting during this item and prior to discussions below.

The Leader Councillor Keeling proposed the recommendation as set out in the agenda report be approved. This was seconded by the Executive Member for Finance Councillor Parrott, put to the vote and carried.

RESOLVED

1.    The draft Order for Newton Abbot (Appendix A) and the draft Order for Central Devon (Appendix B) be adopted.

The whole of a parish or polling district as the polling place for the purposes of siting a polling station continue to be designated.

2.    Further consideration be given during 2026 to the polling arrangements for the parish of Exminster.

To consider the attached report

The Leader Councillor Keeling proposed approval of the action plan as set out in the agenda report. This was seconded by the Executive Member for Finance Councillor Parrott, put to the vote and carried.

RESOLVED

The Corporate Peer Challenge Action Plan be approved.

The Executive Member for Planning, Councillor Gary Taylor proposed the recommendation as set out in the agenda report. This was seconded by Councillor Cox, put to the vote and carried.

RESOLVED

To  adopt the revised Planning Validation Guides be adopted and publish the same.

To consider the attached report

The Leader Councillor Keeling proposed to grant delegated authority to the Head of Assets as set out in the agenda report. This was seconded by Councillor Wrigley, put to the vote and carried.

Councillor Rogers remained present but abstained from voting, due to his declaration of a non-pecuniary interest.

RESOLVED

1.    Delegated authority be granted  to the Head of Assets "To approve requests for concessionary car parking on the proviso that such shall be for no more than £100 per day and shall not be for a period in excess of five consecutive days per concession”.

2.   The Constitution be amended accordingly and as appropriate.

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 on the Lawns Covenant has been presented by Cllr Macgregor and supported by Cllrs Ryan, Bradford, Daws, Radford, Hall, P Parker, J Taylor

“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 states 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  ...  view the full agenda text for item 76.

Councillors Bradford, Henderson, Morgan, P Parker and Ryan left the meeting during consideration of this item.

·      Councillor Macgregor presented and proposed the Motion on the Lawns Covenant as set out on the agenda. This was seconded by Councillor Jane Taylor.

Fewer than two thirds of those present agreed to debate the Notice of Motion.

RESOLVED

The Notice of Motion be deferred for consideration by the Executive.

·      Councillor Jane Taylor presented and proposed the Motion on the Full Council review of Equality and Diversity Policy. This was seconded by Councillor MacGregor.

Fewer than two thirds of those present agreed to debate the Notice of Motion.

RESOLVED

The Notice of Motion be deferred for consideration by the Overview and Scrutiny Committee.

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

Councillors’ questions and the responses are attached to the agenda.

CLLR R DAWSON

Chair

The meeting started at 10.00 am and finished at 1.10 pm.