Agenda and minutes

Cllr Radford was nominated as Vice-Chair by Cllr C Parker, seconded by Cllr Hayes and unanimously agreed

RESOLVED that Cllr Radford be appointed as Vice-Chair of Overview and Scrutiny Committee

To approve the Minutes of the meeting held on 16 September 2024

The Minutes of the meeting held on 16 September 2024 were approved as a correct record and subsequently signed by the Chair

None

For item No. 9 (updates from outside organisations – Dartmoor National Park Authority) Cllr Steemson declared an interest as an employee of Dartmoor National Park and remained in the meeting as the item was for information only

Members of the public may ask questions of the Chair. 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 three working days before the date of the meeting i.e. should the meeting be on a Thursday the deadline would be the Friday before at 5pm.

None

Members of the Council may ask questions of the Chair of the Committee subject to procedural rules. The deadline for questions is no later than three clear working days before the meeting.

None

To note forthcoming issues anticipated to be considered by the Executive over the next 12 months. The Executive Forward Plan can be found here.

The Executive Forward Plan showing issues to be considered over the next few months was noted, in particular flagging up that Housing and Homes is a priority for this Committee and will be covered later in this Agenda.

Items considered at recent Executive meetings include UK Broadband and the Statement on Community Involvement, noting that although the current Policy is fit for purpose a revised Policy will be effective from November 15.

There were no further questions or comments made by those present

To review the Committee’s forward plan which can be found here

The Committee’s Forward Plan showing issues to be considered was noted.

The Chair drew members attention to the Council Strategy Q2 Performance Monitoring Report which had been circulated as a Supplementary report.  There were no questions or comments

The Council’s outside organisations representatives to report on any meetings of the appointed outside organisation in the past few months, whether they attended, a report on the meeting if they did so, the role the outside organisation(s) they represent plays in promoting and aligning with the Council's priorities, policies and strategies, and advising on partnership discussions which are open and in the public domain:

Cllr Morgan - Dartmoor National Park Authority,

Cllr Nutley - Dartmoor National Park Authority, Torbay and South Devon and NHS Foundation Trust and Exe Estuary Management Partnership 

Cllr Morgan provided an informative update on the Dartmoor National Park: Who are we and what we do

·       One of 15 national Parks in the UK

·       Designated in 1951 and covers 368 square miles

·       Most land is in private ownership

·       Approximately 10 – 11m visitors p.a.

·       National Park purposes:

(i)              To conserve and enhance the natural beauty, wildlife and cultural heritage of the National Parks: and

(ii)             To promote opportunities for the understanding and enjoyment of the special qualities by the public

·       19 members of the National Park Authority (5 representing the ‘national interest’. 10 by Councils, 4 appointed by local parishes)

·       Dartmoor Partnership Plan 2021 – 2026 and Local Plan (responsible for all Planning Applications)

·       Operate Ranger Service & Visitor Centres and an Outreach vehicle

·       Outreach, Education & Volunteering (Second Sunday volunteers meet at Haytor Downs around 10.30am)

·       Archaeology & history

·       Access, Footpaths & Land Management

·       Committees and Working Groups

·       Dartmoor Foundation (charitable body) being set up

·       Sister Park in USA Cuyahoga Valley Ohio have focussed on nature recovery [the river was so polluted that it caught fire – now they have reintroduced lake salmon]

A number of questions were raised and answered where appropriate:

·       Regarding the reduction in the numbers of ponies and sheep in common areas – what is being done to maintain the shape of the moors? Partnership Plan involves farmers and there is a need to maintain balance recognising that there are financial pressures on hill farmers.  Maps and statistics are available on the website.

·       Why the reluctance to prepare a financial plan for more than one year? Cash settlement received, often after the start of the year.  Costs have been increasing but not matched by increased income.  The National Park are heavily reliant on Government grant funding and do not have any other significant funding sources or opportunities to generate income

·       The challenging housing situation within the Park was noted

The full presentation can be seen at the link below:-

Agenda for Overview and Scrutiny Committee on Tuesday 12 November 2024

To receive a biannual updates from the following Executive Members:

T100 (Cllr Buscombe)

Homes and Communities (Cllr Goodman-Bradbury)

Recycling, Household Waste & Environmental Health (Cllr Williams)

Open Spaces, Leisure, Sport, Resorts and Tourism (Cllr Nutley)

Cllr Goodman-Bradbury is unable to attend so the biannual report on Communities will be deferred

Cllr Buscombe provided his biannual update on T100, Homes and housing as the ‘Homes’ element has now moved to his area of responsibility

·       Homeless applications increasing

·       Upward trend in Homelessness

·       Cost of Temporary accommodation increasing and is demand led e.g. B&B increased by 50% since 2022/23 with some central budget support

·       Rough Sleepers (defined as sleeping out overnight) can be reported on www.streetlink.org.uk.  Funding ends March 2026.

·       Private Rented Homes in short supply

·       Delays in assessment being experienced

·       Reasons for social housing being in demand includes affordability and security of tenure

·       Disabled Facilities Grants

·       Improving Homes

·       Affordable Houses including Rural exception sites

·       Demand for 1 bed accommodation

A number of questions were raised and answered where appropriate

·       How many in temporary accommodation are placed out of District?  Where possible Albany and Luscombe (our own accommodations) are used or local Bed & Breakfast establishments (Room only).  Officers to provide a response

·       What is the process for bring potentially appropriate premises to the attention of the council?  Inform Graham Davey

·       Regarding underoccupancy – ‘downsizing’ is given a higher priority category to encourage move to a smaller property.  The Council is not a major stake-holder so we have to work with the large providers to influence rather than direct action

·       What can we do about empty flats above shops? We have an ‘Empty Homes Team’.  Some are legitimately empty e.g. no separate access and/or used for stock storage

·       Devon Home Choice operate 4 categories of need for Teignbridge which are supported by legislation.

o   A        Highest – emergency placements

o   B        Urgent housing need

o   C        Medium health & wellbeing

o   D        Low health & wellbeing

o   E        No housing need N/A for Teignbridge

In addition, there are reciprocal arrangements and the right to mutual exchange

·       Why don’t we build new homes at cheaper costs or provide more from the open-market? External grant funding is more generous for certain standard of build and we would require capital funding to purchase on the open-market (being explored – business case must make a 1% return on investment)

·       How many private rental properties are available in the District?  Numbers are not held but estimated numbers can be provided by officers

·       Are certain group included in the numbers e.g. Afghan/Ukranian/ Unaccompanied Minors? Not at the stage that they are classified as refugees/asylum seekers etc.

·       We are reliant on the private market and concerns around the potential impact of the Renters Reform Bill is shared by members and officers

The full presentation can be seen at the link below:-

Agenda for Overview and Scrutiny Committee on Tuesday 12 November 2024

Following a short break, Cllr Williams gave some verbal feedback on his areas of responsibility ((i) and (ii) below and responded to questions:

(i)              Recycling and Household Waste

·       Recycling rates were 55% - aiming for 60% and looking at changing frequencies of black/green bins etc.  This was generally understood by members but with some  ...  view the full minutes text for item 61.

To consider the attached report and approve terms of references for the following . 

Leisure (Provision, Policy and Strategy)

Housing Spotlight Review (High number on Waiting List)

Planning (Principles behind process)

The 3 working groups were discussed and it was noted that the Terms of Reference may be further refined at the meetings of the working groups.

Cllr Radford will join all 3 groups

Leisure:

Chair Cllr Steemson and Vice-chair Cllr Hall

Housing:

Cllr Sanders will chair the Pre-Scrutiny meeting in December to consider this as a Spotlight review.  Suggestions for additional witnesses included Registered Providers, CVS & CAB

Planning:

Chair Cllr Bullivant and a vice-chair will be appointed in due course.  Cllr Steemson will not be joining this group

Medium Term Financial Plan (MTFP):

Chair Cllr Thorne this group will continue to meet as appropriate

The work for all of the new groups would commence by the end of January 2025

The recommendation outlined in the report was proposed by Cllr Bullivant and seconded by Cllr C Parker and agreed unanimously

The following motion on a review of the Equality and Diversity Policy was presented by Cllr Taylor at Council on 29^th October 2024 and referred to this Committee.

“It is my view and that of many others, as can be seen by the reaction of the public, to what occurred at the last meeting of the Council, that sex matters.

It is my further view that this Council cannot continue to ignore and sideline the centrality of sex as a key factor of discrimination and deny women single sex spaces, where they are necessary, proportionate and legitimate to the objectives of upholding their Safety and dignity. 

I ask that you consider why we have toilets and changing rooms for women and girls only and why the Authority places a sign outside those facilities when a male cleaner is in a female only toilet or changing room.  When you have answered those questions, you will have identified the legitimate reason for taking the proportionate action, of not allowing biological males into women only spaces. 

This equally applies to men's facilities but in my opinion the legitimate aim is more likely to be around dignity and privacy rather than safety.   However, the religious practices of some men may prevent them using a facility which could be accessed by biological women. 

To lawfully establish a single sex provision, you must meet at least one of a number of statutory conditions and show that limiting any service or provision, on the basis of sex, is a proportionate means of achieving a legitimate aim. So, you need a legitimate aim and to achieve it you must act proportionately. 

According to the Equality and Human Rights Commission (EHRC), a legitimate aim for a single sex toilet and changing room, include: reasons of privacy, decency, to prevent trauma, safety and to support religious practices but could include many others. It supports that, as long as it is a proportionate means of meeting the legitimate aim, then trans people can be excluded. (Including those with a Gender Recognition Certificate). Therefore, it stands to reason that if the presence of a member of the opposite sex is the cause, then the exclusion of that person, to meet the legitimate aim, is reasonable and proportionate. 

They go on to say that even if you cannot prove that such an act is proportionate to achieving a legitimate aim then it MIGHT be unlawful. It doesn’t say that it is but just that it MIGHT be.

Consequently, I am proposing that the matter be deferred to O&S so that a working group can be set up to review the Council’s relevant Policies, call independent experts/witnesses and gather such evidence as it considers appropriate in order to:

1.    agree a definition of single sex spaces, for males and females owned or managed by TDC and any appropriate service provision.  

2.    Consider whether the Council’s policies discriminate against anyone on the grounds of a protected characteristic, unless lawful and proportionate.  This  ...  view the full agenda text for item 63.

The Chair explained that the scope of this Notice of Motion requires a professional skillset outside of this chamber, as it is broad-ranging and will take considerable time for any working party to be established. 

The current position is that the Council is and will continue to act lawfully.  The Notice of Motion and work arising from it will be considered when prioritising the work programme of this committee.

As the Notice of Motion was referred from full Council it was now a Council matter rather than that of the initial proposer, Cllr J Taylor.

Cllr Sanders thanked Cllr J Taylor for bringing this matter forward and asked if the Committee wished to add it to the current forward plan for future action or should it take precedence over those agreed earlier in this meeting.

It was proposed by Cllr Bullivant, seconded by Cllr Radford that as it was a high priority it should take precedence.  Following a vote by show of hands, it was agreed (7 votes for with 4 abstentions) that this item should have a higher priority and be progressed accordingly.

The Chair closed the meeting by saying it was agreed as a priority but noting that due to the complexities of the issues outlined above and the necessity to have external witnesses, it was not possible to specify a deadline at this stage.