To consider the submitted report of the Overview and Scrutiny Board on the above and the report of the Senior Service Manager, Spatial Planning on the petition regarding Churston Golf Course – further advice following Local Plan Hearing.

At its meetings held on 16 and 22 October 2014, the Overview and Scrutiny Board considered the Notice of Call-in of the decision of the Mayor (taken at the Council meeting on 25 September 2014) on a proposed covenant protecting Churston Golf Course from development.  The Board resolved that the decision of the Mayor be referred to Council for consideration. 

The Council considered the submitted report on the findings of the Overview and Scrutiny Board regarding the Mayor’s decision on the proposed covenant and the report of the Senior Service Manager, Spatial Planning which set out further advice following the Local Plan Hearing.

It was proposed by Councillor Thomas (J) and seconded by Councillor Darling:

that the Mayor be requested to reconsider his previous decision on the covenant protecting Churston Golf Course from development, and take no further action on the petition in light of the findings of the Overview and Scrutiny Board in respect of the following:

(a)       legal implications of the decision;

(b)       financial implications of the decision;

(c)        implications for the Local Plan;

(d)        fairness of the decision on other wards in Torbay; and

(e)       potential damage to the economy.

In accordance with Standing Order A19.4, a recorded vote was taken on the motion.  The voting was taken by roll call as follows:  For:  Councillors Addis, Amil, Baldrey, Barnby, Bent, Brooksbank, Butt, Cowell, Darling, Davies, Doggett, Ellery, Excell, Hernandez, Hill, James, Kingscote, Lewis, Morey, Parrott, Pentney, Pountney, Scouler, Stocks, Stockman, Stringer, Thomas (D), Thomas (J) and Tyerman (29);  Against:  Councillors Hytche and Mills (2);  Abstain:  the Mayor (as decision-maker) and Councillor McPhail (2);  Absent:  Councillors Faulkner (A), Faulkner (J) and Pritchard (3);  Therefore the motion was declared carried.

At the invitation of the Chairwoman, the Mayor responded to the recommendation of the Council at the meeting and the record of his decision is attached to these minutes.

To continue to consider the call-in request in relation to the above decision.

The meeting of the Board had reconvened to continue to the consider the details of a call-in by nine Members of the Council of the decision by the Mayor to enter into a deed covenanting with the residents of Churston and Galmpton ward that, amongst other things, the Council will not allow any development of Churston Golf Club without any such proposal first obtaining the majority of votes in a referendum of the registered electors of that ward.

Consideration was given to a paper which had been prepared by Council officers setting out answers to a number of questions which had been raised by members of the Board at the end of their last meeting.

The Board went on to hear from the Mayor the reasons for his decision which he had taken at the meeting of the Council held on 25 September 2014.  Members of the Board had the opportunity to ask questions of the Mayor. 

Councillor Morey (as Call-in Promoter) and the Mayor were given the opportunity to sum up prior to the Board debating the issues that they had heard over the course of the meeting.

Resolved:  that the issue be referred to the Council for consideration for the following reasons:

A range of additional information has been made available since the original decision was made and therefore due consideration should be given to the:

·         legal implications of the decision

·         financial implications of the decision

·         implications for the Local Plan

·         fairness of the decision on other wards in Torbay

·         potential damage to the economy

The original recommendation of the Council was that the decision be deferred to allow further investigation by the Place Policy Development Group.  Given the additional information now available, councillors should be given the opportunity to consider that information and make their recommendation.

(Note 1:  During consideration of the item in Minute 24, the press and public were formally excluded from the meeting on the grounds that the item involved the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).)

(Note 2: In accordance with Standing Order A19.5, Councillor Hytche requested his vote against the decision to be recorded.)

The above decision was called-in by Councillors Morey, Ellery, Darling, Tyerman, Doggett, Davies, Cowell, Parrott and Brooksbank on 7 October 2014.

The reasons for the call-in are:

That insufficient time was allowed to explore the implications and consequences of agreeing to the implementation of a covenant on Churston Golf Course and that the consequences of the Mayor implementing his decision could result in the council acting illegally, the local tax payer becoming liable to legal costs and damages that could easily exceed £100,000, the Local Plan becoming void and opening up Greenfield sites for inappropriate development across Torbay and therefore we request that the Overview and Scrutiny Board carry out a detailed investigation into seeking answers to the attached questions, assisted by the Executive Head of Commercial Services and other relevant officers.

Supporting Documents

Record of Decision

Report considered by the Mayor and Council

The Board considered the details of a call-in by nine Members of the Council of the decision by the Mayor to enter into a deed covenanting with the residents of Churston and Galmpton ward that, amongst other things, the Council will not allow any development of Churston Golf Club without any such proposal first obtaining the majority of votes in a referendum of the registered electors of that ward.

The Call-in Promoter (Councillor Morey) set out the reasons for calling-in the decision and the Call-in Supporters also addressed the Board about their concerns regarding the decision.

Members of the public addressed the Board and gave their views both against entering into a covenant and those in favour.

The Executive Director, the Director of Place, the Executive Head for Business and Commercial Services, the Senior Service Manager - Strategic Planning and Implementation and the Executive Lead for Strategic Planning answered the questions which the Call-in Promoter and Supporters had raised within their call-in request.  Board members went on to ask a number of supplementary questions arising from the answers given and the points raised by members of the public.

At this juncture, the Chairman of the Board indicated that he was minded to adjourn the meeting until a date to be confirmed as he felt that further information was required.  Members of the Board were in agreement with this view and therefore the meeting adjourned to a future date.

(Note:  Prior to consideration of the item in Minute 22, Councillor Tyerman declared a non-pecuniary interest as a Trustee of the Torbay Coast and Countryside Trust.)