Agenda and draft minutes

Annual Council, Full Council - Tuesday, 28th July, 2020 2.15 pm

Venue: Virtual Meeting - Virtual Meeting. View directions

Contact: Comsec  Email: comsec@teignbridge.gov.uk

Media

Items
No. Item

28.

Minutes pdf icon PDF 91 KB

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

Minutes:

The minutes of the previous meeting held on 17 March 2020 were signed as a correct record by the chair.

29.

Election of Chair of the Council 2020/21

The Retiring Chairman will seek nominations. 

Minutes:

It was proposed by Councillor Keeling and seconded by Councillors Bullivant and Haines that Councillor J Petherick be elected as the Chair of the Council 2020/21.

 

The Chair announced that his charity for the coming year would be East Teignbridge Community Transport Association and that his Chaplain would be Dr Mark Jones of the Dawlish Christian Fellowship Church.

 

RESOLVED that Councillor J Petherick be elected Chair of the Council for 2020/21.

 

A Roll Call was taken.

 

Voting for

Councillors Bullivant, Clarance, Colclough, Connett, Cook, H Cox, D Cox, Dewhirst, Eden, Evans, Foden, Goodman-Bradbury, Gribble, Haines, Hayes, Hocking, G Hook, J Hook, Jeffrey, Jeffries, Jenks, Keeling, Kerswell, MacGregor, Morgan, Nutley, Nuttall, Orme, Parker, Parker-Khan, Patch, L Petherick, Phipps, Purser, Rollason, Russell, Swain, Taylor, Thorne, Tume, Wrigley, J Petherick

(Total: 42)

 

Abstain

Councillors Bradford, Daws and Mullone

(Total: 3)

 

Absent

Councillors Austen and Peart

(Total: 2)

 

30.

Election of Vice-Chair of the Council 2020/21

The new Chairman will seek nominations.

Minutes:

It was proposed by Councillor Parker-Khan and seconded by Councillor Purser that Councillor Jeffries be elected Vice-Chair of the Council.  Councillor Jeffries thanked members for the kind nominations but said that she would be unable to take up the position at this time. 

 

It was proposed by the Leader and seconded by Councillor Jenks that Councillor Parker be elected Vice-Chair of the Council.

 

RESOLVED that Councillor Parker be elected Vice-Chair of the Council for 2020/21.

 

A Roll Call was taken.

 

Voting for

Councillors Bullivant, Clarance, Colclough, Connett, Cook, H Cox, D Cox, Dewhirst, Eden, Evans, Foden, Goodman-Bradbury, Gribble, Haines, Hayes, Hocking, G Hook, J Hook, Jeffrey, Jeffries, Jenks, Keeling, Kerswell, MacGregor, Morgan, Nutley, Nuttall, Orme, Parker, Patch, L Petherick, Phipps, Purser, Rollason, Swain, Taylor, Thorne, Tume, Wrigley, J Petherick

(Total: 41)

 

Abstain

Bradford, Daws, Mullone, Parker-Khan and Russell

(Total: 5)

 

Absent

Councillor Peart

(Total: 1)

 

31.

Recommendation from Regulatory and Appeals Committee

The Committee Chairman (2019/20) will present the recommendation from the Regulatory & Appeals Committee 4 March 2020.

 

RECOMMENDED to Council:-

 

(a)    Appeals on personnel issues where the Council’s internal procedure gives an employee a right of appeal, be delegated to the Managing Director (Head of Paid Service) and dealt with as outlined in the report  (Staff Appeals Procedure -minute 14) paragraph 4.1; and

 

(b)   The Council’s Constitution and associated staff Discipline, Capability, Redundancy and Grievance policies / procedures be amended accordingly.

 

 

 

Minutes:

It was proposed by Councillor J Petherick (Committee Chair (2019/20)) and seconded by Councillor Hayes that the recommendations be approved.

 

RESOLVED

 

(1)       That appeals on personnel issues where the Council’s internal procedure gives an employee a right of appeal, be delegated to the Managing Director (Head of Paid Service) and dealt with as outlined in the report (Staff Appeals Procedure-minute 14) paragraph 4.1; and

 

(2)       The Council’s Constitution and associated staff Discipline, Capability, Redundancy and Grievance policies / procedures be amended accordingly.

 

A Roll Call was taken.

 

Voting for

Councillors Bullivant, Clarence, Colclough, Connett, Cook, H Cox, D Cox, Dewhirst, Eden, Evans, Foden, Goodman-Bradbury, Gribble, Haines, Hayes, Hocking, G Hook, J Hook, Jeffrey, Jeffries, Jenks, Keeling, Kerswell, MacGregor, Morgan, Nutley, Nuttall, Parker, Parker-Khan, L Petherick, J Petherick, Phipps, Purser, Rollason, Russell, Swain, Taylor, Thorne, Tume, Wrigley

(Total: 41)

 

Voting Against

Councillors Bradford, Daws, Mullone, Patch,

(Total: 4)

 

Abstain

Orme

(Total: 1)

 

Absent

Councillor Peart

(Total: 1)

 

 

32.

Recommendations from Standards Committee

The Committee Chairman (2019/20) will present the recommendations from the Standards Committee 26 February 2020

 

RECOMMENDED to Council:

 

(a)          the TALC nominee – Mr John May – the second parish co-opted member be appointed for a period of six months;

 

(b)          the requirement that “All Members must attend standards training as required by the Monitoring Officer” be added to the general Obligations within the Members’ Code of Conduct; and

 

(c)          the requirement that “you should give respect if you want to receive it” be added to the Members’ Code of Conduct.

Minutes:

This item was adjourned to a meeting of Annual Council on 3 September 2020.

33.

Recommendation from Strata Joint Executive Committee

The Strata Joint Executive Committee 16 June 2020 asked each of the three member Councils to formally ratify the Strata Business Plan for 2020/21 and beyond.

 

RECOMMENDED that Teignbridge District Council approve the Strata Business Plan for 2020/21 and beyond.

Minutes:

This item was adjourned to a meeting of Annual Council on 3 September 2020.

 

34.

Second report of the Constitution Working Group pdf icon PDF 351 KB

The Leader will present the recommendations of the Working Group and his further recommendations.

Additional documents:

Minutes:

This item was adjourned to a meeting of Annual Council on 3 September 2020.

35.

Committee Appointments and Political Balance

Subject to the recommendations in Agenda Item 10, to allocate committee seats for 2020/21.

 

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

 

Liberal Democrat Group

24 Seats

Conservative Group

12 Seats

Independent Group

 8 Seats

Newton Says No

 3 Seats

Total Seats

47

 

Option A – status quo:-

 

Committee

Total

Seats

Lib

Dems

Cons

Inds

 

NSN

Overview & Scrutiny

30

15

8

5

2

Planning

21

11

5

4

1

Licensing Act 2003

10

5

2

2

1

Regulatory & Appeals

6

3

2

1

0

Audit Scrutiny

8

4

2

1

1

Standards

6

3

2

1

0

Strata Scrutiny

3

2

1

0

0

Total

84

46

22

11

5

 

Option B – Change to merge Licencing Act Committee 2003 and Regulatory & Appeal Committee only to form Licensing and Regulatory Committee of 11 Members - all other Committees to remain as status quo:-

 

Committee

Total

Seats

Lib

Dems

Cons

Inds

 

NSN

Overview & Scrutiny

30

15

8

5

2

Planning

21

11

5

4

1

Licensing & Regulatory

11

5

3

2

1

Audit Scrutiny

8

4

2

1

1

Standards

6

3

2

1

0

Strata Scrutiny

3

2

1

0

0

Total

79

40

21

13

5

 

 

Option C – Two Overview & Scrutiny Committees of 13 Members, Planning Committee reduced to 17 Members, Licensing & Regulatory Committee 11 Members (as per option B above) - all other committees remain as status quo:-

 

Committee

Total

Seats

Lib

Dems

Cons

Inds

 

NSN

Overview & Scrutiny (1)

13

6

3

3

1

Overview & Scrutiny (2)

13

7

3

2

1

Planning

17

9

4

3

1

Licensing & Regulatory

11

5

3

2

1

Audit Scrutiny

8

4

2

1

1

Standards

6

3

2

1

0

Strata Scrutiny

3

2

1

0

0

Total

71

36

18

12

5

 

Not politically balanced:-

 

Name of body other than ordinary committee

Places

Lib

Dems

Cons

Inds

NSN

Highways & Traffic Orders - Teignbridge

3

2

1

0

0

 

The 2020/21 nominations received by the Democratic Services will be reported to or otherwise made at the AGM.

Minutes:

This item was adjourned to a meeting of Annual Council on 3 September 2020.

36.

Public Questions pdf icon PDF 192 KB

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.

 

Additional documents:

Minutes:

Public Questions and responses are attached to minutes.

 

37.

Councillor Questions pdf icon PDF 158 KB

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.

 

Additional documents:

Minutes:

Councillor Question and response are attached.

 

Councillor Bullivant asked the following supplementary question, the answer was provided in writing later in the week. [For ease of reference these answers are set out in square brackets below]:-

 

Given that councillors have the right to express an opinion that reflects their ward issues regardless of any other matter is it right that a member of an executive who have agreed a policy decision that affects all residents of Teignbridge votes against something that meets the objectives of that policy, as confirmed by officers qualified To make such an assessment. Where a decision is required should a portfolio holder either uphold the policy or abstain from voting (but still be allowed to comment on it)?

 

For the avoidance of doubt this refers to planning applications where Council Policy to encourage employment sites have been voted down by Portfolio holders even though they have no connection or ward association with the sites involved and the recommendation from officers is to grant permission as they meet the requirements of council policy.

 

[Response from the Leader - I regret that Cllr Bullivant didn't think the answer provided to his first question was answered. There was certainly no intention on my part to avoid answering in any way, and I hope therefore that elaboration may help? I similarly hope that all who attended yesterday's planning training found it advantageous and improved their understanding of planning issues. If a councillor believes that an officer recommendation does not conform to the existing Council Local Plan then they would be entitled to vote against an application. Planning policy is mostly subjective and from time to time existing policies conflict with one another. A balance then needs to be made, which is again subjective and personal, consequently it is perfectly reasonable that councillors, irrespective of their position on the Executive, could well come to different opinions, despite the evidence presented to them being identical. Surely that is why we have planning committees? Without subjective judgement why have a committee? I can't really believe that Cllr Bullivant believes officer opinion should always be accepted at face value and never challenged? We live in a democracy where views should be challenged and examined closely.]

 

 

38.

Notice 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.

 

The following motion on equality of representation in the Teignbridge District has been presented by Cllr Jeffries and supported by Cllrs Connett, Dewhirst, Foden, Jenks, G Hook, J Hook, Goodman-Bradbury, Keeling, Macgregor, Morgan, Nutley, Nuttall, Parker, Rollason, Swain, Taylor and Wrigley. The motion will be referred to the Audit Scrutiny Committee if the Council does not debate the matter.

 

Background provided by Cllr Jeffries to the Motion:  This notice of motion acknowledges the current situation facing underrepresented groups in Teignbridge and seeks to support the work that is taking place UK wide to tackle racism and discrimination. Statistical data shows that individuals from Black Asian & Minority Ethnic (BAME) communities are underrepresented at every level in UK society, facing issues around social and economic mobility, and educational attainment, particularly affected by implicit racial bias and institutional racism.

 

The Council recognises the contributions of individuals from BAME communities in society, business, and infrastructure across Teignbridge both now and historically, and will not shy away from work which seeks to remove barriers, tackle prejudice and address inequality. 

 

Wording of Motion proposed by Cllr Jeffries:  “In doing so the council calls for:

 

·         The review of Teignbridge District Council’s Human Resources and Equalities practices and the inclusion of regular training for members and officers, to ensure the needs of underrepresented groups are met through addressing poverty and encouraging economic and social mobility:-

 

·         [The Council to] Work with Devon County Council (DCC) to explore the prospect of making changes the curriculum to include BAME experiences, contributions, and the FACTs of History, throughout the year:-

 

·         [The Council to] Explore the possibility of an education transformation project in conjunction with schools that creates a suite of curriculum resources specific to Teignbridge’s History:-

 

·         [The Council to] Lobby Government to invest and resource changes to the curriculum across the UK through the support of organisations such as The Black Curriculum and via associated campaigns:-

 

·         An advisory board [to be] put in place linked to the Equality Impact Assessment for the Covid -19 recovery plan, to connect the experiences of BAME individuals within the community with the aim of driving forward positive change:-

 

·         0[The Council to] In partnership with DCC, [to] conduct a review of street names and monuments within Teignbridge to assess where information plaques relevant to uncovering the history of Imperialism and links to slavery can be put in place as soon as possible: [and]

 

·         [The Council to] Encourage Teignbridge organisations to contribute to diversity and social mobility through revising the Cllr Community Fund grants criteria to include (but not exclusively); projects that contribute to addressing inequalities and raising educational attainment within underrepresented groups.

 

Minutes:

Councillor Peart attended for this item only.

 

Councillor Jeffries in presenting her Notice of Motion, stated that it was important that the Council recognised the contributions of individuals from BAME communities in society, business, and infrastructure across Teignbridge both now and historically and that it should seek to remove barriers, tackle prejudice and address inequality. 

 

This was seconded by Councillor H Cox.

 

During debate members agreed that to ensure that there was full consideration of the issues raised by the Notice of Motion it should be referred to Audit Scrutiny Committee, Overview and Scrutiny Committee and Executive before coming back to Full Council.

 

Councillor Jeffries fully supported the actions agreed by the members.

 

RESOLVED that:-

 

 

·         The review of Teignbridge District Council’s Human Resources and Equalities practices and the inclusion of regular training for members and officers, to ensure the needs of underrepresented groups are met through addressing poverty and encouraging economic and social mobility:-

 

·         [The Council to] Work with Devon County Council (DCC) to explore the prospect of making changes the curriculum to include BAME experiences, contributions, and the FACTs of History, throughout the year:-

 

·         [The Council to] Explore the possibility of an education transformation project in conjunction with schools that creates a suite of curriculum resources specific to Teignbridge’s History:-

 

·         [The Council to] Lobby Government to invest and resource changes to the curriculum across the UK through the support of organisations such as The Black Curriculum and via associated campaigns:-

 

·         An advisory board [to be] put in place linked to the Equality Impact Assessment for the Covid -19 recovery plan, to connect the experiences of BAME individuals within the community with the aim of driving forward positive change:-

 

·         [The Council to] In partnership with DCC, [to] conduct a review of street names and monuments within Teignbridge to assess where information plaques relevant to uncovering the history of Imperialism and links to slavery can be put in place as soon as possible: [and]

 

·         [The Council to] Encourage Teignbridge organisations to contribute to diversity and social mobility through revising the Cllr Community Fund grants criteria to include (but not exclusively); projects that contribute to addressing inequalities and raising educational attainment within underrepresented groups.

 

The vote was unanimous.