To consider the submitted report in respect of the above Mayoral decision which was called in by the Overview and Scrutiny Board and referred to Council for consideration.

At its meeting held on 12 July 2017, the Overview and Scrutiny Board considered the Notice of Call-in of the Mayor’s decision in respect of a covenant protecting Churston Golf Course from development (following receipt of a petition) and the Monitoring Officer’s Report pursuant to Section 5 of the Local Government and Housing Act 1989.  The Board resolved that, having listened to the advice of the Monitoring Officer, the Mayor’s decision was contrary to the Policy Framework.  In accordance with Standing Order D10.3 the matter was referred to the Council for consideration.

The Council considered the submitted report on the findings of the Overview and Scrutiny Board and details of the Mayor’s decision, along with the advice of the Monitoring Officer and Chief Finance Officer.

Members firstly considered whether or not the Mayor’s decision was contrary to the Policy Framework.

Councillor Lewis (C) proposed and Councillor Darling (S) seconded a motion, which was agreed by the Council as set out below:

that, having heard the Monitoring Officer reconfirm her advice that the decision of the Mayor to place a covenant on the land at Churston Golf Course was contrary to the Policy Framework, the matter shall be referred to the Council in accordance with the Constitution.

In accordance with Standing Order D10.8, the Monitoring Officer advised that as the Council had determined that the Mayor's decision was contrary to the Policy Framework, the decision was deemed as a recommendation to the Council.  The recommendation of the Mayor became the motion before Council as follows:

that following receipt of a valuation from the District Valuer dated 17 May 2017 which at paragraph 11 confirms that a 10 year covenant would not have an effect of the value of the Council’s property interest in land comprising Churston Golf Course the Council enters into a deed of covenanting with the residents of Churston and Galmpton ward in the following terms:-

‘Torbay Council covenants with all inhabitants of the ward of Churston and Galmpton that for a period of 10 years beginning on the date of this deed it will not on the land, shown edged in red on the plan attached to the submitted report to the Council meeting on 25 September 2014, known to be Churston Golf Course, allow any development of Churston Golf Course without any such proposal first obtaining the majority of votes in a referendum of the persons who at the day of the referendum would be entitled to vote as electors at an election of Councillors for the Churston and Galmpton Ward and are registered as local government electors at an address within this Ward.  For the purposes of this covenant ‘development’ shall not include any development permitted under the terms of the lease between The Council of the Borough of Torbay and Churston Golf Club Limited dated 3 April 2003.  Nothing contained or implied in this Deed shall prejudice or affect the exercise by the Council of its regulatory functions under the Town and Country Planning Act  ...  view the full minutes text for item 73

The above decision was called in by seven members of the Council on 7 July 2017. The reason for the call-in is:

“The decision of the Mayor is contrary to the Policy Framework as, taking the advice of the District Valuer, the imposition of a covenant will restrict or reduce the current or future value of the land comprising Churston Golf Course.  As such, the Mayor is acting beyond his powers and against the specific advice of the Monitoring Officer.”

The Record of the Decision is attached along with the Monitoring Officer report and appendices.

The Board considered the details of a call-in by seven Members of the Council of the decision of the Mayor to enter into a deed of covenant with the residents of Churston with Galmpton Ward for a period of 10 years in respect of land at Churston Golf Course. 

The Call-in Promoter outlined that the decision had been published alongside a report issued by the Monitoring Officer pursuant to section 5 of the Local Government and Housing Act 1989.  The Monitoring Officer’s report set out her view that the Mayor’s decision was outside the Council’s Budget and Policy Framework and was therefore ultra vires.

The Deputy Mayor read a letter from the Mayor to the Chairman of the Board asking that consideration of the call-in be deferred until he had responded to the Monitoring Officer’s report (which he was required to do within 21 days of it being issued).

Members of the Board indicated that they were minded to agree that the decision was contrary to the Council’s Budget and Policy Framework and, at that point, the Monitoring Officer provided advice to the Board.

Resolved:  that, having heard the Monitoring Officer reconfirm her advice that the decision of the Mayor to place a covenant on the land at Churston Golf Course was contrary to the Policy Framework, the matter shall be referred to the Council in accordance with the Constitution.