Agenda item

To consider the following call-in.

Councillor Bullivant has called in the decision made at the October 31st Executive Meeting on the future high street fund. The call-in is supported by Councillors Atkins, Peart, Purser, Rogers, Smith, Thorne

This call in is made for the following reasons

1. The decisions made exceeds the powers delegated by the councils financial regulations
2. The use of funds do not represent good value given the risks identified by officers
3. The proposed action has previously been rejected by Full Council
4. As the amendment was introduced on the day of the executive meeting without prior notification the Proposed amendment did not allow sufficient time to allow proper evaluation
5. The Executive powers to spend without full council approval relates to spending on emergency items. This issue is not an emergency issue therefore fails to meet this important requirement
6. Task groups established to address the critical financial problems facing the council has specified that all council spending should be subject to justification including details of how any costs are to be paid for without using council reserves or already identified savings, a member of the executive is aware of this as he took part in the cross party discussions. This decision fails to meet this requirement.

The Executive Minute and decision called in is:

77. UPDATE ON FUTURE HIGH STREET FUND

The Leader presented the update on the Future High Street Fund report.

He proposed an alternative recommendation to the published report as follows:-

1) To progress submitting a planning application for the demolition part that was in the previous original cinema planning application for the area between the Alexander Theatre and the Market Hall excluding the Shauls Bakery and New Look buildings;

2)  The Executive puts forward up to £70,000 of the Executive budget towards investigating the options as described 5.5.1 and 5.5.3 (of the circulated report) combined comprising a whole building solution with the restoration of the Alexander Theatre and the refurbishment of the Market Hall side of the building; and

3)  Recommend to Full Council to look at the output of the above and to determine the future direction and to make the final decision on where this project goes.

This was seconded by the Executive Member for Planning.

Non-Executive Members spoke on this item.

RESOLVED to approve:-

1)   To progress to submit a planning application for the demolition part that was previously within the cinema planning application for the structure between the Alexandra Theatre and the Market Hall excluding the Shauls Bakery and New Look buildings;

2)  The Executive puts forward up to £70,000 of the Executive budget towards investigating the options as described in sections 5.5.1 and 5.5.3 of the circulated report combined comprising a whole building solution with the restoration of the Alexandra Theatre and the refurbishment of the Market Hall side of the building; and

RECOMMENDED to Full Council:-

3)  To look at the output of the above and to determine the future direction and to make the final decision on where this project goes.

The vote was unanimous.

The Executive 31 October 2023  agenda report is appended.

The process for call-in at an overview and scrutiny meeting is set out below:

·         The call-in will be determined by a two-phase provision.

Firstly, an initial information gathering and questioning: secondly a debate and decision.

·         The Chair will briefly introduce the item and begin the information gathering and questioning phase. The mover of the call-in will be invited to speak on the call-in and to propose the action they wish to be taken. At this stage the scrutiny committee Members may question the mover of the call-in.

·         The Executive Member(s) and/or officers in attendance for the call-in will then address the call-in scrutiny committee Members who will then ask questions.

·         Following this information and questioning phase, the Chair will open up the debate to all scrutiny committee Members.

·         Following debate the Chair shall invite any Executive Member in attendance to respond to the issues raised during the debate of the call-in prior to inviting the first named person on the call in to make a concluding statement and propose a recommendation for the Committee to consider.

·         The committee will then make a decision on the item which could be:

(a)   the decision should not be challenged and that it will then be implemented in accordance with the Executive’s original decision, or

(b)   a different course of action can be recommended for the Executive to consider with any available supporting evidence, or

(c)    the matter should be referred to the full Council if it is a matter of significance for the whole district (this will only apply in exceptional circumstances).

Consideration was given to Councillor Bullivant’s call in of Executive decision Minute 77/10/2023 made at the October 31st Executive Meeting on the future high street fund, supported by Councillors Atkins, Peart, Purser, Rogers, Smith, Thorne

The call-in was made for the following reasons:

1. The decisions made exceeds the powers delegated by the council’s financial regulations.

 2. The use of funds do not represent good value given the risks identified by officers.

3. The proposed action has previously been rejected by Full Council.

4. As the amendment was introduced on the day of the executive meeting without prior notification the Proposed amendment did not allow sufficient time to allow proper evaluation.

5. The Executive powers to spend without full council approval relates to spending on emergency items. This issue is not an emergency issue therefore fails to meet this important requirement.

6. Task groups established to address the critical financial problems facing the council has specified that all council spending should be subject to justification including details of how any costs are to be paid for without using council reserves or already identified savings, a member of the executive is aware of this as he took part in the cross-party discussions. This decision fails to meet this requirement.

The decision of the Executive was

RESOLVED to approve:-

1) To progress to submit a planning application for the demolition part that was previously within the cinema planning application for the structure between the Alexandra Theatre and the Market Hall excluding the Shauls Bakery and New Look buildings;

2) The Executive puts forward up to £70,000 of the Executive budget towards investigating the options as described in sections 5.5.1 and 5.5.3 of the circulated report combined comprising a whole building solution with the restoration of the Alexandra Theatre and the refurbishment of the Market Hall side of the building;

and RECOMMENDED to Full Council:-

3) To look at the output of the above and to determine the future direction and to make the final decision on where this project goes. The vote was unanimous.

The Chair referred to the call-in process to follow as set out on the agenda and the Constitution at Section 8(b).

Written responses by the Leader to questions submitted by Councillor Bullivant were circulated at the meeting.

During consideration of the call-in question were asked of the Monitoring Officer, Head of Place and Commercial Services, Assets Manager, Head of Corporate Services, Executive Member for corporate services, the Leader of the Council and Councillor Bullivant. 

The meeting adjourned following conclusions of questions of the Executive Member for corporate services and prior to questions being asked of the Leader of the Council, and again at this juncture at the conclusion of questions and debate.

Following the call-in process and debate which can be viewed at Agenda for Overview and Scrutiny Committee 2 on Tuesday, 12th December, 2023, 10.00 am - Teignbridge District Council  the Chair advised that the Committee

·      Acknowledges the need for officers, senior leadership team, the Executive and Members to work together to avoid unexpected decisions and to thoroughly follow procedures.

·      Acknowledges Councillor Bullivant’s request for a special Council meeting but due to statutory requirement the earliest Council meting that can be held is that scheduled on 16 January 2024.

·      Considered it imperative to proceed to achieve the best outcome for Newton Abbot and Teignbridge and as the matter is of significance importance for the whole District the matter should be referred to Council at its next meeting on 16 January 2024.

It was proposed by Councillor Peart, that option c of section 8(b) of the Constitution proceed, that the matter be referred to the full Council as it is considered a matter of significant importance for the whole district.

This was seconded by Councillor Hall and carried unanimously.

RESOLVED  That the call-in be referred to full council as it is a matter of significant importance for the whole district.