Agenda and minutes

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

The Chair announced: her talk with the Police and Crime Commissioner about Cllrs facing abuse; a visit to THAT foodbank who are looking for volunteer drivers; communicating with organisations and residents about the event she was arranging for the community, ‘International Day of Happiness Exhibition ‘ which had so far attracted fantastic pieces or work; thanks to officers attending the Teignbridge CVS COL event on Saturday 1 March to meet residents; attendance at the 3^rd anniversary of the Ukrainian invasion where the friendship and support from Teignbridge residents was shown by all present; congratulations to Teignmouth residents Andy Purvis and Tim Cox who rowed the Atlantic to raise funds for charity.

To approve as a correct record and sign the minutes of the Council meetings held on 9 and 14 January 2025

RESOLVED

The Minutes of the meetings held on 9 and 14 January 2025 were approved as a correct record and signed by the Chair.

None.

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.

Agenda for Full Council on Tuesday, 25th February 2025, 10.00 am - Teignbridge District Council

The supplementary question and response can be viewed on the webcast.

Full Council - Tuesday 25 February 2025, 10:00am - Start video at 0:05:20 - Teignbridge District Council Webcasting

To consider the attached report

The Executive Member for Finance and Corporate thanked the Chief finance Officer and officers for producing a balanced budget during difficult times.

The recommendation as set out in the agenda report had been put forward by the Executive on 11 February 2025. The financial plan proposals 2025/26 to 2027/28 had also been considered by the Overview and Scrutiny Committee on 7 January and 4 February 2025, with no change to that proposed.

The Executive Member also referred to the residents’ survey (full results were set out at appendix 13 of the agenda report) which showed that:

-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.

It was proposed by the Executive Member for Finance and Corporate and seconded by the Leader that the recommendation as set out in the agenda report be approved.

During discussion of the financial plan proposals: concern was expressed regarding the use of reserves; it was noted that Appendix 5 to the agenda report detailed a breakdown of all services; the cost of implementing the One Teignbridge Strategy for the first year was included in the financial plan proposals; of 383 Councils, Teignbridge was one of 35 who are debt free; Teignbridge receives 8p from every council tax £1, the remainder going to Devon County Council, Fire and Police Authorities. 

A recorded vote was taken on the proposal as required by statute.

For the proposal

Cllrs Buscombe, Cox, Goodman-Bradbury, Hayes, Henderson, Jackman, James, Keeling, Major, Morgan, Nuttall, Palethorpe, C Parker, Parrott, Radford, Rollason, Steemson, Swain, G Taylor, Wrigley, Sanders, Dawson

Total 22

Against the Proposal

Nil

Abstention

Cllrs Atkins, Bradford, Bullivant, Clarance, Daws, Gearon, Hall, Macgregor, Mullone, P Parker, Rogers, Ryan, Smith, J Taylor, Thorne, Webster  

Total 16

The Proposal was CARRIED

RESOLVED

a          That the Teignbridge band D council tax for 2024/25 is increased by 2.99% or £5.87 to £202.28 per annum

b        Maintaining 100% council tax support

c          That general reserves are increased to 12.7% of the net revenue budget for 2025/26 or £2.5 million

d          That £200,000 of the general reserve balance in any one year be available to the Executive to meet unexpected expenditure in addition to the agreed revenue budget

e          All other decisions with regard to budgetary change will be approved by reference to virement rules in the financial instructions

f           That the summary revenue budget for 2025/26 is £19.8 million as shown at appendix 4. In particular the revenue budget includes:

• Assumptions of a 3.0% pay rise for 2025/26

• Revenue contributions to fund capital are increased to £1,500,000 to support the capital budget

• Core voluntary grants are increased by 5%

• The councillors community fund grant is maintained at £1,000 each

• Continued resources to cover scrutiny support and Modern 25

g          That fees and charges are approved as shown summarised at appendix 6.

h          That  ...  view the full minutes text for item 95.

To consider the attached document, the recommendation below from the Audit Scrutiny Committee held on 13 February 2025, and any necessary action.

The link to the full Minute of the Audit Scrutiny Committee can be found at the link below.

Agenda for Audit Scrutiny Committee on Thursday, 13th February, 2025, 10.00 am - Teignbridge District Council

RECOMMENDED

That Full Council approve the statutory recommendation in the Auditors Annual Report. The statutory recommendation is as follows:

The Council should:

1.    Commission a suitably qualified expert to investigate the underlying causes of member behaviours which contravene the standards set out in the Council's constitution under the members' code of conduct and the member/officer protocol; and which have impacted the Council's reputation and working culture. The Council should then develop an action plan to enable members and officers to address those issues.

2.    Adopt a consistent zero-tolerance approach to any swearing; lack of respect for other people attending meetings; or other abusive behaviour towards other members or officers in meetings. This should be done by making full use of the procedural rules set out in the Council's constitution by:  Immediately adjourning the meeting; moving  a motion that the member concerned be not heard; or moving a motion that the member concerned should leave the meeting.

3.    Consider amendments to its constitution to extend those procedural rules to all meetings of committees of the Council and amend the Member Code of Conduct to include an obligation for all members to reinforce standards of behaviour and to support the Chair of the Council and chairs of committees of the Council in their use of procedural rules to ensure proper conduct. Group Leaders should model good behaviour and discipline members of their groups whose behaviour breaches the Code of Conduct and the member/officer protocol.

4.    Continue to provide information and support to ensure that members and officers who are subjected to aggressive and abusive behaviour from individual members can, if they wish, submit a written complaint to the Monitoring Officer immediately, so that it can be dealt with under the Council's Standards procedures.

5.    Ensure that Group Leaders take responsibility for their members working collaboratively with officers and for their members improving behaviours and relationships.

6.    Review membership of the Standards Committee, with only members who have an excellent behavioural track record being eligible to join it.  Meetings should then resume. A Governance Committee should be introduced to reinforce the work of the Standards Committee. As with the Standards Committee, members on the Governance Committee must have an unblemished behavioural track record.

Securing good standards and behaviour amongst members will help to strengthen corporate governance and working culture. This in turn should help to create a positive environment from which the Council can build better relationships and address the other issues it faces, such as transacting business as usual and maintaining respect and co-operation around decisions once they have been taken.

The meeting welcomed Beth Bowers and Barry Morris from Grant Thornton.

The Chair of Audit Scrutiny Cllr Morgan, referred to the recommendation from the Audit Scrutiny Committee (ASC) held on 13 February 2025 set out on the agenda, and the Auditors Annual Report of Grant Thornton circulated with the agenda.  The ASC had considered the Section 24 Statutory Recommendation from Grant Thornton as set out on the agenda and had unanimously recommended to Council that this be approved. The Chair of ASC added that the Members behaviour issue strained the Council’s resources and harmed the residents’ reputation of the Council.

Cllr Morgan proposed that the recommendation of the ASC that the statutory recommendation of the Auditors Annual Report as set out on the agenda be approved. This was seconded by Cllr Steemson.

The representatives from Grant Thornton presented their report circulated with the agenda, advising that further statutory action would be taken in 6-12 months if there was no improvement.

An amendment was proposed by Cllr Daws and seconded by Cllr J Taylor that the statutory recommendation of the Auditors Annual Report as set out on the agenda is not accepted because it goes against the findings of the Local Government Association peer review.

The amendment was subsequently withdrawn for a further amendment proposed by Cllr J Taylor and seconded by Cllr Bradford that the report is noted, and consideration of the report deferred for 4 months to enable consideration of the Constitution Review group report on amendments to the Constitution.

The Monitoring Officer advised that the behavioural issues related to a series of incidences over a period of time and was not only relating to the incidences at the Council meeting on 30 July 2024.

In accordance with Procedure Rule 4.13.5 of the Constitution a recorded vote was taken on the amendment as follows.

For the proposal

Cllrs Atkins, Bradford, Clarance, Daws, Gearon, Goodman-Bradbury, Macgregor, Mullone, P Parker, Radford, Ryan, J Taylor,

Total 12

Against the Proposal

Cllrs Bullivant, Buscombe, Cox, Hayes, Henderson, Jackman, James, Keeling, Major, Morgan, Nuttall, Palethorpe, C Parker, Parrott, Rogers, Rollason, Smith, Swain, G Taylor, Thorne, Webster, Wrigley, Sanders, Dawson

Total 24

Abstention

Cllrs Hall, Steemson

Total 2

The Amendment was LOST

It was proposed by Cllr Morgan and seconded by Cllr Swain that the vote be taken. This was carried by a majority vote

In response to a Cllr query, it was confirmed that the external auditor’s report had initially been published with the agenda for the ASC on 5 February 2025 for the meeting on 13 February 2025. The email circulated to all Cllrs on 5 February 2025 advising that the ASC agenda had been published fulfilled the obligation on the Council of notifying all Cllrs that the external auditor’s report had been published.

In accordance with Procedure Rule 4.13.5 of the Constitution a recorded vote was taken on the original proposal as follows.

For the proposal

Cllrs Atkins, Bullivant, Buscombe, Cox, Goodman-Bradbury, Hall, Hayes, Henderson, Jackman, James, Keeling, Major, Morgan, Nuttall, Palethorpe,  ...  view the full minutes text for item 96.

To consider the attached report

The Leader referred the agenda report and gave an update on progress towards the interim plan to be jointly submitted to the Minister by 21 March 2025 for local government reorganisation for Devon.

The Leader advised that meetings of all Leaders had moved at pace to meet the 21 March 2025 deadline. The ‘145’ option was for 3 Unitaries: Teignbridge, Torbay, West Devon and South Hams; Plymouth on existing boundaries; and East Devon, Exeter, Torridge, Mid Devon and North Devon.

The Leader proposed the recommendation as set out in the agenda report with an additional recommendation as follows:

Authorise the Leader to support the ‘145’ option being developed by 7 of the 8 devon district councils for the unitarisation of Devon and cosign an expression of interest on behalf of the Council alongside the other district Leaders.  The proposal sees the county administered by 3 unitary councils:

a. Plymouth – on existing boundaries

b. Teignbridge, Torbay, South Hams and West Devon

c.  East Devon, Exeter, Mid Devon, North Devon and Torridge

This was seconded by the Executive Member for Finance and Corporate.

RESOLVED

1)     Authorise the Leader and Managing Director to represent the Council in Local Government Reorganisation discussions, based on the ‘key requirements’ as set out in section 6 to the agenda report, including reporting mechanisms to Members.

2)     Utilise the same groups and engagement mechanisms as used for the Council Strategy process, to ensure the voice of Teignbridge residents are heard in the consultation process.

3)     Authorise the Leader to support the ‘145’ option being developed by 7 of the 8 devon district councils for the unitarisation of Devon and cosign an expression of interest on behalf of the Council alongside the other district Leaders.  The proposal sees the county administered by 3 unitary councils:

a. Plymouth – on existing boundaries

b. Teignbridge, Torbay, South Hams and West Devon

c.  East Devon, Exeter, Mid Devon, North Devon and Torridge

To consider the recommendation below from the Procedures Committee held on 28 January 2025.

The report of the Independent Remuneration Panel and full Minute of the Procedures Committee can be found at the link below:

Agenda for Procedures Committee on Tuesday, 28th January, 2025, 10.00 am - Teignbridge District Council

RECOMMENDED to Full Council that:

1. With effect from 1 April 2025, the Special Responsibility Allowance (SRA) for Chair of Overview & Scrutiny be increased from 1.1 x Basic Allowance (BA) to 1.5 x BA to recognise the statutory role that scrutiny performs and the only body that can effectively call the Executive to account.

 2.  With effect from the 1 April 2025, the allowance for Vice Chair of O & S should be increased from 0.3 x BA to 0.5 x BA.

3.  With effect from 1 April 2025 the SRA for the Chair of Audit Scrutiny should increase from 0.75 x BA to 1x BA, torecognise the nature and significance of the responsibility.

4.   With effect from 1 April 2025 the SRA for the Vice Chair of Audit Scrutiny (currently not receiving a SRA) should be 0.4 x BA.

5.  The Basic Allowance continues to be adjusted in line with the Local Government Employer (LGE) staff pay award for the previous year. For instances when a flat rate is awarded the increase be the average percentage increase for staff.

6.  The part sentence regarding the requirement for a receipt to be countersigned in paragraph 7.4 of the Dependents Allowance scheme as below be deleted to allow Councillors to access care more easily.

7.4 The care of the dependant does not necessarily have to be provided by a registered or professionally qualified provider, but it cannot be claimed for care carried out by a member of the same household. In addition, it may not be claimed if the care is already paid for by another body or if claimed elsewhere. A receipt is required with the cost of the care. counter-signed by both the Councillor and the carer.

7. Recommendation 7 of the IRP report relating to travel and subsistence be referred back to the IRP for reconsideration of the wording.

The Chair welcomed Derek Philips, the Chair of the Independent Remuneration Panel (IRP), who presented the recommendations of the Procedures Committee held on 28 January 2025 as set out on the agenda. The recommendations related to Members Allowances 2025/26 which had been proposed by the IRP following a review of members allowances, particularly relating to special responsibility allowances for the overview and scrutoiny committee.

Members thanked Mr Philips and the Panel for their time in reviewing the allowances.

RESOLVED

1. With effect from 1 April 2025, the Special Responsibility Allowance (SRA) for Chair of Overview & Scrutiny be increased from 1.1 x Basic Allowance (BA) to 1.5 x BA to recognise the statutory role that scrutiny performs and the only body that can effectively call the Executive to account.

2. With effect from the 1 April 2025, the allowance for Vice Chair of O & S should be increased from 0.3 x BA to 0.5 x BA.

3. With effect from 1 April 2025 the SRA for the Chair of Audit Scrutiny should increase from 0.75 x BA to 1x BA, to recognise the nature and significance of the responsibility.

4. With effect from 1 April 2025 the SRA for the Vice Chair of Audit Scrutiny (currently not receiving a SRA) should be 0.4 x BA.

5. The Basic Allowance continues to be adjusted in line with the Local Government Employer (LGE) staff pay award for the previous year. For instances when a flat rate is awarded the increase be the average percentage increase for staff.

6. The part sentence regarding the requirement for a receipt to be countersigned in paragraph 7.4 of the Dependents Allowance scheme as below be deleted to allow Councillors to access care more easily.

7.4 The care of the dependant does not necessarily have to be provided by a registered or professionally qualified provider, but it cannot be claimed for care carried out by a member of the same household. In addition, it may not be claimed if the care is already paid for by another body or if claimed elsewhere. A receipt is required with the cost of the care.

7. Recommendation 7 of the IRP report relating to travel and subsistence be referred back to the IRP for reconsideration of the wording.

To consider the attached report

Consideration was given to agenda report which sought approval for: the size of the Planning and Overview and Scrutiny Committees; and seat allocations detailed at paragraph 3.1 of the report, amended as circulated at the meeting following amendments in membership numbers of the independent group.  The recommended size of the Planning and Overview and Scrutiny Committees were as advised by the Planning Advisory Service (PAS) and the Centre for Governance and Scrutiny (CfGS) as best practise.

It was proposed by the Leader and seconded by the Deputy Leader that the recommendations as set out on the agenda report be approved with recommendation 2 referring to the amended seat allocations as circulated.

An amendment was proposed by Cllr Bullivant and seconded by Cllr Hall that the ward members attend the Planning Committee to speak and vote on applications appertaining to their ward.

A vote was taken on the amendment. It was LOST by 3 votes for, a majority against and 4 abstentions.

It was proposed by Cllr Bradford and seconded by Cllr J Taylor that individual votes be taken on recommendation1 in relation to the size of the planning committee and the overview and scrutiny committee.

In accordance with Procedure Rule 4.13.5 of the Constitution a recorded vote was taken as follows.

For the proposal

Cllrs Atkins, Bradford, Bullivant, Clarance, Cox, Hall, Macgregor, Major, Rogers, Ryan, Smith, Steemson, Swain, J Taylor, Thorne

Total 15

Against the Proposal

Cllrs Buscombe, Goodman-Bradbury, Hayes, Jackman, Keeling, Morgan, Palethorpe, C Parker, Parrott, Rollason, G Taylor, Wrigley, Sanders, Dawson

Total 14

Abstention

Cllrs Nuttall

Total 1

The proposal was CARRIED

In accordance with Procedure Rule 4.13.5 of the Constitution a recorded vote was taken to decrease the Overview and Scrutiny Committee membership to 13 as follows.

For the proposal

Cllrs Buscombe, Cox, Goodman-Bradbury, Hayes, Keeling, Major, Morgan, Palethorpe, C Parker, Parrott, Rollason, Swain, G Taylor, Wrigley, Sanders Dawson  Total 16

Against the proposal

Cllrs Atkins, Bradford, Bullivant, Clarance, Hall, Macgregor, Rogers, Ryan, Smith, J Taylor, Thorne  Total 11

Abstention

Jackmen, Nuttall and Steemson  Total 3

Recommendation 1 to reduce the overview and scrutiny committee to 13 was CARRIED.

In accordance with Procedure Rule 4.13.5 of the Constitution a recorded vote was taken to decrease the Planning Committee to 11 as follows.

For the proposal

Cllrs Bullivant, Buscombe, Cox, Goodman-Bradbury, Hall, Hayes, Keeling, Major, Morgan, Palethorpe, C Parker, Parrott, Rollason, Rogers, Steemson, Swain, G Taylor, Wrigley, Sanders Dawson  Total 20

Against the proposal

Cllrs Atkins, Bradford, Clarance, Macgregor, Ryan, J Taylor, Thorne  Total 7

Abstention

Jackmen, Nuttall and Smith  Total 3

Recommendation 1 to reduce the planning committee to 11 was CARRIED.

It was proposed by the Deputy Leader and seconded by the Leader that the remainder of the recommendations 2-6 of the agenda report be approved.

This was carried by a majority vote

RESOLVED

1.            Approve the Overview and Scrutiny Committee and Planning Committee to be reduced in size to 13 and 11 respectively (as per recorded vote above)

2.            Approve the seat allocations  ...  view the full minutes text for item 99.

To consider the recommendation below from the Audit Scrutiny Committee held on 13 February 2025. The Contract Procedure Rules were reviewed in line with the release of The Procurement Act 2023.

The link to the Audit Scrutiny agenda, the report and the full Minute of the Audit Scrutiny Committee is at the link below.

Agenda for Audit Scrutiny Committee on Thursday, 13th February, 2025, 10.00 am - Teignbridge District Council

RECOMMENDED

That Council approves the revised Contract Procedure Rules 2025 as set out in Appendix B to the report attached to the Audit Scrutiny agenda for the meeting held on 13 February 2025, to recognise changes to procurement legislation,

The Chair of the Audit Scrutiny Committee, Cllr Morgan referred to the recommendation from the Committee and proposed the recommendation as set out in the agenda. The revisions to the contract procedure rules were in response to changes to procurement legislation and to clarify some of the existing procedures

The Executive Member for Finance and Corporate seconded the proposal. 

The link to the Audit Scrutiny agenda, the report and the full Minute of the Audit Scrutiny Committee was set out in the agenda.

The vote was taken and carried by a majority vote.

RESOLVED

The revised Contract Procedure Rules 2025 as set out in Appendix B to the report attached to the Audit Scrutiny agenda for the meeting held on 13 February 2025, be approved.

To consider the recommendation below from Minute 5 of the Strata Joint Scrutiny Committee (JEC) held on 28 January 2025.

The Strata Business Plan 2025-2026 and full Minute of the JEC can be found at the link below:

Agenda for Strata - Joint Executive Committee on Tuesday, 28th January, 2025, 4.00 pm - Teignbridge District Council

Resolved

That the Strata Business Plan 2025-2026 be approved by the Committee and that it be brought to the partners’ Full Council meetings for further approval.

Consideration was given to recommendation of the Strata Joint Executive Committee held on 28 January 2025 to approve the Strata Business Plan 2025-26.

The link to the agenda, the report and the full Minute of the Committee was set out in the agenda.

It was proposed by the deputy Leader, seconded by the Leader and carried by a majority vote.

RESOLVED

The Strata Business Plan 2025-26 be approved.

Report to follow.

It was proposed by the Executive Member for Planning and seconded by the Leader that the recommendation as set out in the agenda report be approved with an amendment to recommendation 2 replacing the Leader with the Executive Member for Planning.

The proposal was carried by a majority vote.

RESOLVED

1. Note the content of the Inspectors’ Post -Examination Letter (Appendix 1).

2. Agree to amend the Plan accordingly through a series of Main Modifications as directed by the Planning Inspectors, or as required by the Strategic Environmental Assessment (Sustainability Appraisal) and Habitats Regulation Assessment, to be delegated to the Executive Member for Planning in consultation with the Director of  Place.

3. Publish the Inspectors’ main modifications to the Local Plan and accompanying Strategic Environmental Assessment (Sustainability Appraisal) and Habitats Regulation Assessment for a minimum six-week period of public consultation.

4. Note the need for additional funds of up to £60,000 to pay for additional costs arising from the examination.

5. Approve the Local Development Scheme (Local Plan timetable) as attached at Appendix 4 to come into effect on 25 February 2025.

Report to follow

This item was withdrawn and would be brought back to the Annual Council meeting.

To consider the attached report

The Executive Member for Housing and Homelessness referred to the agenda report and proposed that the policy changes as detailed in the agenda report be approved.

This was seconded by the Leader and unanimously

RESOLVED

The proposed policy changes as detailed in the agenda report be approved.

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.

None.

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

Cllr questions and responses are attached to the agenda.

Agenda for Full Council on Tuesday, 25th February, 2025, 10.00 am - Teignbridge District Council

Supplementary questions and responses can be viewed on the webcast.

Full Council - Tuesday 25 February 2025, 10:00am - Start video at 0:48:57 - Teignbridge District Council Webcasting

CLLR R DAWSON

Chair