Members observed a minute’s silence as a mark of respect in memory of Lance Corporal Peter Eustace and Rifleman Sheldon Lee Jordan Steel both from the Rifles, who lost their lives serving in Afghanistan.  The meeting was then opened with a prayer. 

Apologies for absence were received from Councillors Bent (for the adjourned meeting only), Butt, Hernandez, Kingscote, Pountney and Stocks.

To confirm as a correct record the minutes of the meeting of the Council held on 31 October 2011.

The Minutes of the extraordinary meeting of the Council held on 31 October 2011 were confirmed as a correct record and signed by the Chairman.

The following personal interest was declared:

To receive any communications or announcements from the Chairman, the Mayor, the Overview and Scrutiny Co-ordinator or the Chief Executive.

The Chairman:

(a)       congratulated all those involved in campaigning for funding for the South Devon Link Road.  He especially thanked past and present members and officers, the former and current Mayors and local Members of Parliament for all their efforts;

(b)       advised that all members had received a briefing on the Love Life campaign, which was being run jointly with Public Health, the Council and the Herald Express.  This year long campaign aimed to encourage communities, councillors and staff to make personal pledges to do something ‘healthy’ such as stopping smoking or losing weight.  A number of members had already signed up with their personal pledges and the Chairman encouraged all members to sign-up and make their pledge.  The Chairman announced that he would be making the ‘Boxing Day Dip’ in Torquay and Paignton as part of his pledge and encouraged members to join him;  and

(c)        provided details of the Civic Carol Service which was taking place on 13 December 2011 at 7.30 p.m. at the Riviera International Conference Centre.  All proceeds from the event would be donated to the Chairman’s charity.

The Mayor:

(a)       referred to the Government’s consultation on the changes to the ‘feed in tariff’ scheme in respect of photovoltaic panels and the work Councillor Darling had undertaken on this.  The installation of photovoltaic panels on roofs had not only introduced environment benefits, but a range of activities such as the creation of new jobs, increased skills in the workforce and opportunities for new apprenticeships. The Government’s proposed changes would impact on these benefits.  Therefore, the Mayor advised that he would write to the Government requesting a review of the proposed changes to the ‘feed in tariff’ scheme.  The Chairman invited the Group Leaders to comment on the Mayor’s communication and Councillors Darling and Morey supported the Mayor; and

(b)       supported the Chairman on his communication in respect of the South Devon Link Road and also expressed his thanks to all of those involved.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable agenda item 7(g) (Mayoral Decision – Torbay and South Devon Growth Enterprise Task Force/Employment Growth and Enterprise Programme), item 9 (Beach Hut Charges) and item 12 (Torre Abbey Village Green Application), to be considered at the adjourned meeting commencing at 5.30 pm.

To answer any questions asked under Standing Order A13.

Members received a paper detailing the questions, as set out at Appendix 1 to these Minutes, notice of which had been given in accordance with Standing Order A13.

Verbal responses were provided at the meeting.  Supplementary questions were then asked and answered by the Mayor for questions 1 and 2.

To note the attached report on the Adoption Activity for 2011/2012.

The Council noted the activities of the Torbay Children’s Services Adoption Agency for the period 1 April 2011 to 30 September 2011 as set out in the submitted report.

To note the above report from the Virtual School Governing Body.

The Council, as Corporate Parents, noted the annual report of the Governing Body of Torbay Virtual Report on the achievements of the Children Looked After and the work of the Torbay Virtual School for the academic year 2010/11.

To note the attached report* and consider any recommendations of the Overview and Scrutiny Board on revenue budget monitoring.

The Council noted the submitted report setting out revenue budget monitoring information for 2011/12.  The Chairman reported that the Overview and Scrutiny Board would review the submitted report and bring forward recommendations following its next meeting.

The Mayor to present his provisional spending targets for 2012/13 for a six week consultation period.

(The attached document sets out the Mayor’s Proposals for the Revenue Budget 2012/13 prepared by the Chief Finance Officer for Six Week Public Consultation.)

The Mayor presented his provisional spending targets for the revenue budget 2012/13 (details of which were circulated after the meeting) to enable the consultation process on the budget to begin.  The Mayor’s Record of Decision, which also includes further information on his decision, is attached to these minutes.

The Mayor to present his provisional Capital Investment Plan for 2012/13 to 2015/16 for a six week consultation period.

(The attached document sets out the Mayor’s Proposals for the Capital Investment Plan 2012/13 to 2015.16 prepared by the Chief Finance Officer for Six Week Public Consultation.)

The Mayor presented his proposed capital investment plan for 2012/13 (details of which were circulated after the meeting) to enable the consultation process on the budget to begin.  The Mayor’s Record of Decision, which also includes further information on his decision, is attached to these minutes.

To consider the attached report on the annual review of the above policy.

The Council made the following recommendation to the Mayor:

It was proposed by Councillor Lewis and seconded by Councillor Addis:

that the Mayor be recommended to approve the Supply of Age Restricted Products Policy, as set out in Appendix 1 to the submitted Report.

On being put to the vote, the motion was declared carried (unanimous).

The Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision, together with further information, is attached to these Minutes.

To consider the attached report and any recommendations of the Overview and Scrutiny Board on capital budget monitoring for the quarter ending September 2011.

The Council received the submitted report which provided an overview of the Council’s approved capital programme for the quarter ending September 2011 and set out proposed amendments to the programme.  The Chairman reported that the Overview and Scrutiny Board would review the submitted report and bring forward recommendations following its next meeting.

It was proposed by Councillor Tyerman and seconded by Councillor Brooksbank:

(i)         that the latest position on the Capital Programme be noted;

(ii)        that £0.5 million of prudential borrowing be approved for an “invest to save” scheme to bring empty homes back into use to be funded from New Homes Bonus Grant (as set out in paragraph A2.4 of the submitted report);  and

(iii)       that £0.2 million be approved to invest in the enhancement of assets prior to sale for development to be funded from capital receipts (as set out in paragraph A2.2 of the submitted report).

On being put to the vote, the motion was declared carried.

(Note:  During consideration of Minute 418, Councillor Pentney declared her personal interest.)

To consider a report on the setting of the Tax Base in respect of Council Tax for 2012/13 and related issues.

Members considered the submitted report which set out the Council’s tax base for council tax purposes for 2012/13.

It was proposed by Councillor Tyerman and seconded by Councillor Pritchard:

(i)         that the calculation of the Council Tax Base for the year 2012/13 be approved as shown in Appendix 1 of the submitted report;

(ii)        that the calculation of the Brixham Town Council Tax Base for the year 2012/13 be approved as shown in Appendix 2 of the submitted report;

(iii)       that, in accordance with the Local Authorities (Calculation of Tax base) (Amendment) Regulations 2003, the amount calculated by Torbay Council as its Council Tax base for the year 2012/13 should be 49,021.42;

(iv)       that, in accordance with the Local Authorities (Calculation of Tax base) (Amendment) Regulations 2003, the amount calculated by Torbay Council as the Council Tax base for Brixham Town Council for the year 2012/13 should be 6,664.97;  and

(v)        that the estimated distribution on the Collection Fund as shown in paragraph A1.13 to the submitted report be approved.

On being put to the vote, the motion was declared carried.

To consider the submitted report on the proposed amendment to the Byelaws in respect of parks and pleasure grounds.

The Council considered the submitted report on amendments to byelaws in Torbay to allow cyclists to use parks and pleasure grounds on designated routes.  The proposal sought to assist with the promotion of cycling in Torbay as a method of sustainable travel that will reduce traffic congestion and improve the general health of residents and visitors.

It was proposed by Councillor Excell and seconded by Councillor Hill:

(i)                 that Torbay Council begin a period of consultation to consider whether the Secretary of State should be asked to approve an amendment to the existing byelaw in order to allow cycling in Torbay Parks and Pleasure Grounds, on designated routes only;

(ii)               that if, following consultation, no objections are received the recommendation will be passed to the Secretary of State for consideration;  and

(iii)             that if any objections are received the Executive Head of Residents and Visitor Services, in consultation with the Executive Lead for Safer Communities and Transport, be delegated authority to consider and determine the objections before proceeding to the Secretary of State.

On being put to the vote, the motion was declared carried.

To note the details of decision taken by the Chief Executive on the grounds of urgency as set out in the submitted Report.

Members noted the details of a decision taken by the Chief Executive (recruitment of directors) on the grounds of urgency, as set out in the submitted report.

To consider adjourning the meeting until 5.30 p.m.

(Please note that items with an # will be discussed after 5.30 p.m.)

At this juncture, the meeting was adjourned until 5.30 pm on Thursday 8 December 2011.

To consider the attached report on the establishment of the above.

(Please note this item was originally published on the agenda as Employment Growth and Enterprise Programme.)

The Council made the following recommendations to the Mayor:

It was proposed by the Mayor and seconded by Councillor Thomas (D):

that a South Devon Growth and Enterprise Task Force be established which could comprise of the Mayor, Deputy Mayor, Executive Lead for Finance, the leaders of the minority groups, the leaders of neighbouring districts and the South Devon MPs alongside private sector representatives.  The group would be supported by an officer team and would develop proposals to enable growth.  These might include the development of a discretionary local business rate relief policy and adoption of simplified planning processes.

On being put to the vote the motion was declared carried.

The Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision, together with further information, is attached to these minutes.

To consider the submitted report on proposed increases to beach hut charges.

The Council considered the submitted report setting out a proposed revision to beach hut charges.  The report formed part of the Council’s review of all its service areas to improve productivity and maximise income generation.

It was proposed by Councillor Pritchard and seconded by Councillor Tyerman:

that the proposed revision to beach and amenity charges for 2012/13 as detailed at Appendix 1 to the submitted report be approved.

On being put to the vote, the motion was declared carried (unanimous).

To consider the submitted report on an application for Village Green Status for Torre Abbey.

The Council considered the submitted report setting out an application to register Torre Abbey Meadows as a Town or Village Green under the Commons Act 2006.

It was proposed by Councillor Thomas (D) and seconded by Councillor Hytche:

that the Council rejects the Application on the following ground:-

that at all times during the Council’s ownership of Torre Abbey Meadows up to the date of the application (and at all times since that date) Torre Abbey Meadows been held and maintained by the Council under Section 164 of the Public Health Act 1875 for public walks or pleasure grounds and has been by implied permission available for recreational use by the public for lawful sports and pastimes. Accordingly, the Applicant is unable to show that there has been use of Torre Abbey Meadows as a Town or Village Green “as of right” for the requisite period of 20 years (as provided under Section 15(2) of the Commons Act 2006.

On being put to the vote, the motion was declared carried (unanimous).