Agenda and minutes

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

The minutes of the meeting held on 30 July 2018 were approved as a correct record and signed by the Chairman.

The Chairman advised Members that the Council’s Civic Service would take place on 19 February 2019 at 3pm at the Church of St Peter, St Paul and St Thomas of Canterbury in Bovey Tracy.

There were no declarations of interest.

There were no public questions under Council Procedure Rule 4.5(j).

Question submitted by Councillor Hook:-

There appears to be an epidemic of over flowing litter and dog waste bins. I read of a new policy relating to the issue, but no one seems to be aware of it. Could the PH make the new policy available to all members and explain how and when it will begin to impact positively on the problem many of us are aware of?”

Question submitted by Councillor John Nutley:-

Would the Leader state if Teignbridge District Council has any investments in companies carrying out fracking. If so, from what source does the money come? Does he think supporting the production and use of fossil fuels is compatible with this councils declared aims of fighting climate change?

Question submitted by Councillor David Cox:-

Bitton Park Road Air Quality: 

Teignmouth is still waiting for the Council to publish its (statutory) review of the 2009 Air Quality Action Plan. 

The review was completed more than 18 months ago but has not yet been 'signed off'.  The 2016 Air Quality Annual Status Report (ASR), published in June 2017, states under Conclusions and Priorities -"The main priority for the Council is to ensure that the Action Plan is approved. This would then allow us to pursue what will be a more targeted set of actions within this Plan."

Given that available data for Bitton Park Road continue to indicate annual levels of NO2 significantly in excess of targeted values this remains an area of concern for Teignmouth. Please can a date be set fort publication of the Review and a plan for a targeted set of actions?

Question submitted by Councillor Hook:-

There appears to be an epidemic of over flowing litter and dog waste bins. I read of a new policy relating to the issue, but no one seems to be aware of it. Could the PH make the new policy available to all members and explain how and when it will begin to impact positively on the problem many of us are aware of?”

Answer by the Portfolio Holder for Environment Services

I believe the policy which Cllr Hook refers to is the recently adopted ‘Litter and Dog Bin Policy’.  This was circulated to all members for consultation in June 2018 as part of the adoption process and is available on request.  The Council did not previously have a written policy in place to explain the provision of litter and dog waste bins so this provided clarification on the following

• Requests for new bins
• Emptying and maintaining existing bins
• Replacing existing bins
• Dual dog and litter bins
• Increasing ‘On-Street Recycling’ of Litter

On rare occasions the scheduled empties of litter bins cannot be completed on time due to unforeseen operational issues.  Often litter bins are misused and filled with black bag waste or the victim of seagulls.  These issues are always identified and rectified swiftly by our hardworking and conscientious street cleansing team. 

Full litter bins can be reported online at https://www.teignbridge.gov.uk/community-and-people/clean-teignbridge/litter/report-a-full-litter-bin/

Supplementary question

Councillor G Hook asked a supplementary question that the Portfolio Holder think the litter and graffiti hit squad that the Liberal Democrats had proposed in the last budget would help solve the problems? The Portfolio Holder for Environment Services stated that he did not, he continued that the cleaning team worked hard in what can be operational difficult situations.

Question submitted by Councillor John Nutley:-

Would the Leader state if Teignbridge District Council has any investments in companies carrying out fracking. If so, from what source does the money come? Does he think supporting the production and use of fossil fuels is compatible with this councils declared aims of fighting climate change?

Answer by the Leader:-

We do not invest in companies that are directly involved in fracking.

I am not aware of any investments we have that would be linked to companies involved in fracking.

We lend funds on a temporary basis but only to banks, building societies and financial institutions in order to gain an interest return.

I would not know whether they themselves may have invested in companies that carry out such practice and it would be very difficult to find that out.

We also pay monies to Peninsular pensions in relation to our pension scheme. They (Peninsular) decide where this money is invested in order to make a return to pay pension liabilities. Again they would invest in companies on the stock market but I wouldn’t know whether those companies are involved in fracking.

Supplementary question

In response to a supplementary question the Leader commented that it was very unlikely that fracking would take place in  ...  view the full minutes text for item 196.

The following Notice of Motion was submitted by Councillor Hook and supported by Councillors Dewhirst, Nutley, Parker, Rollason and Wrigley:

The recent decision of Devon County Council to reopen the Heathfield Farm landfill site is a backward step for the local environment and reflects the failure of policy over the recent past. It is a blow to local residents to again face the environmental damage this will inevitably cause. We were told this site was to be closed permanently, residents have been badly let down.

Despite assurances to the contrary, litter will increase; muddy roads will return as will rats (both the land based and aerial variety). Seasonal smells will be noted but perhaps even more significant will be the environmental damage caused as materials that should be recycled are buried. 

Teignbridge Council consequently unites to criticise this decision of Devon County Council and will convey that view to the County Council urging a more proactive approach to waste reduction.

Members considered a Notice of Motion submitted by Councillor Hook and supported by Councillors Dewhirst, Nutley, Parker, Rollason and Wrigley:

The recent decision of Devon County Council to reopen the Heathfield Farm landfill site is a backward step for the local environment and reflects the failure of policy over the recent past. It is a blow to local residents to again face the environmental damage this will inevitably cause. We were told this site was to be closed permanently, residents have been badly let down.

Despite assurances to the contrary, litter will increase; muddy roads will return as will rats (both the land based and aerial variety). Seasonal smells will be noted but perhaps even more significant will be the environmental damage caused as materials that should be recycled are buried. 

Teignbridge Council consequently unites to criticise this decision of Devon County Council and will convey that view to the County Council urging a more proactive approach to waste reduction.

Councillor Hook stated he hoped that he would get cross party support for his Notice of Motion as, the reopening of Heathfield Farm landfill was a disappointing backwards step and local residents felt they had been misled and let down. Devon County Council policy to increase recycling had failed and he was saddened by the County Council decision to reopen this site. He urged a proactive approach to waste reduction and protection of the environment.

Councillor Barker proposed and seconded by Councillor Gribble that the Notice of Motion stand adjourned to Executive for a report on the matter to explain in detail the reasons behind Devon County Council decision to reopen the Heathfield Farm landfill. The proposal was carried by 23 votes for and 11 against. 

Resolved that:-

The Notice of Motion stand adjourned and be referred to the Executive to consider a report to explain in detail the reasons behind Devon County Council decision to reopen the Heathfield Farm landfill.

To receive an update from the Chairman of Standards Committee.

The Chairman of Standards Committee, Councillor Prowse presented a report on the current work of the Standards Committee. Members were advised of the Code of Conduct training sessions on 6 November 2018 to be undertaken by Hoey Ainscough Associates Ltd. Councillor Prowse expressed her regret with regards to a recent local newspaper article by an unknown Member of the Council regarding the appointment of an interim Statutory Officer to the Council.

During discussion the following points were raised:-

·         A need for transparency by the Council; why were some reports in Part II? the title of reports in Part II need to be clear;

·         Why did the Council need to get outside consultants in to do the training, what was the cost to the Council? need for alternative dates to be offered for the training;

·         Requirement for training and support for Town and Parish Councillors as well as the Clerks;

·         Recognised that standards in local government across Teignbridge should be addressed

·         Raised concerns as to how the Chairman of Standards Committee could be neutral when she had already been party to discussions with regards to the current complaints;

·         There was a need to ensure that the Council was transparency in any informal meetings of the Standards Committee and formal investigations;

·         There should be adequate notice and choice of dates when it came to arranging Member training.

The Chairman of Standards Committee clarified that it was recognised that Parish Councils should be offered support and training and that a workshop had been held to which all Parish and Town Councillors were invited.

The Managing Director clarified the position with regards to the Part II items and the need for the Council to ensure that it did not open itself up to legal challenge. Hoey Ainscough Associates Ltd was an organisation with a very high reputation and in due course training would be rolled out to the Parish and Town Councils. The forthcoming Constitution review would ensure that the Council was transparent and that Members were engaged in the democratic process.

The Leader commented that he hoped Members would do their best efforts to attend the Standards training.

It was proposed by Councillor Prowse and seconded by the Leader. The proposal was carried by 23 votes for and 12 against. 

RESOLVED that:-

The update on Standards matters be received and the Code of Conduct training be noted to which all Members should make best endeavours to attend.

To consider the report of Principal Delivery Officer.

The Principal Delivery Officer referred to the circulated letter that emphasised the need for the A382 corridor improvements, this letter of support would help to inform the Compulsory Purchase Order Inquiry and an Inspector’s decision on whether the Order should be confirmed.

During discussion the following points were raised:-

·         Recognised that Compulsory Purchase Orders were the last resort;

·         The improvements to the A382 were vital to support new housing in the area;

·         Urged Devon County Council to do their best endeavours to enable the link from White Hill to the new hospital to be opened

·         The improvements were vital to bring forward the 40 hectares of employment land

·         Should the letter be addressed to the Leader of Devon County Council?

In response to Members Principal Delivery Officer clarified that the compulsory purchase orders had been ongoing for more than three years and there were over 17 landowners involved.

 It was proposed by the Leader and, seconded by Councillor Gribble and subject to amendment that the letter be address to the Leader Devon County Council and copied in to Officers. The proposal was carried unanimously.

RESOLVED that Council approve the draft letter at Appendix 1, which outlines Teignbridge’s continued support for the planned A382 corridor improvements subject to amendment that the letter the Letter be address to the Leader Devon County Council and copied in to Officers.

Councillor Clemens read out a press article from Councillor Connett regarding the size of the Country Park planned at Exminster in which Councillor Connett had stated that it was the Council’s intention to cut back the size of the park and open space.

Councillor Clemens refuted this claim and stated that the decisions regarding the size of Country Park were made when the Local Plan was adopted and, subsequently in 2014, when the South West Exeter master plan was approved safeguarding 70 hectares of which 39 are needed currently to mitigate the impact of current development plans.

*amendment approved as above Council 19 November 2018

Council is recommended to approve the following resolution:

That under Section 100(A)(4) of the Local Government Act 1972, the Press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1, 2 and 3 of Part 1 of Schedule12A of the Act.

It was proposed by Councillor Clemens, seconded by Councillor Haines and

RESOLVED

That 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, 2 and 3 of part 1 of schedule 12 A of the Act.

To consider the report of the Business Manager Spatial Planning & Delivery.

The Principal Delivery Officer advised Members of the report agreeing a scheme for the establishment and ongoing management of Suitable Alternative Natural Greenspace (SANGS) at South West Exeter.  This proposal would also allow land transfers to be completed.

Members were advised of the long term management of the Country Park, the land acquisitions and that this proposal was for 39 Hectares of SANGS and was necessary to ensure that housing in South West Exeter could come forward. The outcome of the Housing Infrastructure Fund (HIF) bids submitted by Teignbridge District Council and Devon County Council to help fund SANGS were awaited.

Members were advised of the amendments to the proposed recommendations.

During discussion Members raised concerns regarding the management of the SANGS and what risk mitigation measures would be put in place.

Councillor G Hook expressed regarding the recommendations and would want to see a full report back to Council on the proposed actions outlined in recommendations 2 and 3.

The Chief Finance Officer clarified the financial position for the SANGS management and risk mitigation.

In response to Member’s questions the Principal Delivery Officer clarified the following:-

·         The outstanding balance of SANGS land would be safeguarded as further housing came forward and that, at this present time, developers were working on the basis of 39 Hectares of SANGS land needing to come forward

·         The proposal was to ensure that the development in South West Exeter would come forward whilst waiting on the outcome of the application for Government funding.

Councillor G Hook, seconded by Council Wrigley, proposed an amendment to recommendations 2 and 3 that any agreement should come back to Full Council for approval. This was lost by 13 votes for and 24 against.

It was proposed by Councillor Clemens and seconded by Councillor Lake. The proposal was carried by 24 votes for and 11 against to:-

RESOLVED that Council:-

(1)          Approve an approach for the establishment and ongoing management of Suitable Alternative Natural Greenspace (SANGS) within the Local Plan allocation SWE3, at South West Exeter. This to be undertaken in consultation with the Portfolio Holder for Planning and Housing that will be used on land within the SWE3 area;

(2)          Delegate authority to the Interim Head of Commercial Services in consultation with the Portfolio Holder for Planning and Housing to commission a scheme for designing and undertaking works necessary for the creation of approximately 39 hectares of SANGS on adjacent to the site as shown at Appendix A of the circulated report within the SWE3 area; and

(3)          Delegate authority to the Business Manager for Spatial Planning and Delivery, in conjunction with the Section 151 Officer and in consultation with the Portfolio Holder for Planning and Housing, to secure an arrangement for ongoing management and maintenance of the SANGS.

To consider the report of the Managing Director.

The Managing Director advised Members of the background and procedures which had led to the appointment of the Interim Monitoring Officer to the Council. 

It was proposed by Councillor Connett and seconded by Councillor Prowse and unanimously:-

RESOLVED that Council clarify and confirm the appointment of the Interim Monitoring Officer to the Council.

To consider the report of the HR & OD Manager and Portfolio Holder for Corporate Resources.

The Leader advised Members of the recommendation of the Appointments and Remuneration Committee regarding the appointment of a Monitoring Officer to the Council.

Members welcomed the appointment of the Monitoring Officer to the Council.

It was proposed by the Leader, Councillor Christophers and seconded by Councillor Hook and unanimously:-

RESOLVED that Council approve the appointment Karen Trickey as the Council’s Monitoring Officer from 26 November 2018.

“That the Common Seal of the Council be affixed to any document or documents necessary to give effect to the resolutions passed by the Council at this meeting.”

RESOLVED

That the Common Seal of the Council be affixed to any document(s) necessary to give effect to the resolutions passed by the Council at this meeting.