The meeting was opened with a prayer.

Apologies for absence were received from Councillors Hytche, Pountney, Richards and Stocks.

To confirm as a correct record the minutes of the meetings of the Council held on 18 July 2013.

The Minutes of the extraordinary meeting of the Council and the ordinary meeting of the Council both held on 18 July 2013 were confirmed as a correct record and signed by the Chairman.

The following non-pecuniary interests were declared:

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

The Chairman:

1.   reminded members of the Civic Church service which was being held on Sunday 6 October 2013 at 3 pm at Christ Church, Ellacombe, Torquay;

2.   informed members that there would be a tea dance and cabaret at the Redcliffe Hotel, Paignton, on Wednesday 6 November at 2 pm.  This was in aid of the Chairman’s Charity, the Motor Neurone Disease Association and all members were welcome to attend; and

3.   relayed the following message that he had received from Chris Milord, Flt lt RAFVR (T) for the OC 200 Torquay Squadron Air Training Corps:

‘I would like to thank all the Council for the support you have given the Air Cadets over the last 10 years that I have been Commanding Officer and for the way we all made the Royal Review happen in 2012.  I must also thank you for the Honour of a Diamond Jubilee Award last year.

I have a new role as Sector Commander which covers Torbay, Dawlish, Newton Abbot and Totnes.

I hope that the Squadron and Council will keep working together to give the youth of today the support they need.

It has been a great honour to serve the Bay and I hope I can still be involved in my new role.’

On behalf of the Council, the Chairman recorded thanks to Chris Milord for all his work with the Cadets.

The Mayor:

1.         referred to the twinning visit to Torbay last week to celebrate the 40^th anniversary of Torbay’s twinning with Hamelin.  The event was a success and Torbay welcomed the Lord Mayor of Hamelin and a number of former Mayors.  The Mayor referred to the voluntary organisation involved with the twinning and was supportive of the ongoing progress for the twinning arrangements;  and

2.         advised members that Ofsted had released their provisional statistics for the Early Years outcomes.  The provisional results indicated that Torbay had maintained it’s position of being the highest performing Local Authority.  The Mayor reported that 93% of provision was judged as good or better and the percentage of outstanding provision had exceeded other authorities by 11%.

To receive petitions and any oral representations from the public in accordance with Standing Order A12 as set out below.

In accordance with Standing Order A12, the Council received three petitions as set out in Minutes 61 to 63 below.

Approximately 39 signatures.

The Council noted that a petition had been received requesting the removal of a tree outside 91 Broadpark Road, Torquay (approximately 39 signatures).

The Chairman reported, that since the publication of the Council agenda, the Service Manager (Street Scene and Place) had made the decision in respect of this tree and therefore this petition had been addressed.

Approximately 138 signatures, this petition has been referred direct to the decision maker (Transportation Working Party).

The Council received a petition requesting traffic calming in Maidenway Road, Paignton (approximately 138 signatures).

It was noted that the petition had been referred direct to the Service Manager (Streetscene and Place) for consideration in consultation with the Transport Working Party, at the request of the petitioners.

Approximately 50 signatures, this petition has been referred direct to the decision maker (Executive Head for Residents and Visitor Services in consultation with the Executive Member for Tourism and Harbours).

The Council received a petition to re-instate the licence for the mobile refreshment van at Cary Park, Torquay (approximately 50 signatures).

It was noted that the petition had been referred direct to the Executive Head for Resident and Visitor Services in consultation with the Executive Member for Tourism and Harbours, at the request of the petitioners.

In accordance with Standing Order A24, the Council heard from Mr Griffey who had submitted a statement and question in relation to the possibility of re-opening Redgate Beach, Torquay.  The Executive Lead for Business Planning and Governance responded to the statement and question that had been put forward, plus a supplementary question asked by Mr Griffey.

In accordance with Standing Order A24, the Council heard from Mr Stride and Ms Brandon who had submitted a statement and question in relation to the Torbay Art Centre.  The Executive Lead for Culture and the Arts responded to the statement and question that had been put forward, plus a supplementary question asked by Ms Brandon.

To answer the following questions asked under Standing Order A13:-

Members received the questions, as attached to the agenda, notice of which had been given in accordance with Standing Order A13.

Verbal responses were provided at the meeting.  The Chairman advised that Councillor Darling had withdrawn question 6.  Supplementary questions were then asked and answered in respect of questions 1, 3, 5, 8, 9, 10, 11 and 12.

Members considered a motion, in relation to High Speed 2, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Doggett and seconded by Councillor Darling:

This Council notes that the estimated costs for High Speed 2 have increased from £32 Billion to between £50 Billion and as high as £80 Billion. 

In comparison, spending per head on transport infrastructure lags in the South West has significantly fallen behind compared to national rail spend.

This Council further notes that there has been unprecedented passenger growth in the South West, for example:

Patronage growth 2002-2012

Exeter/Paignton/Plymouth lines               108% increase

Plymouth/Penzance lines                         184% increase

Truro lines                                                     208% increase

Exeter/Barnstaple lines                              159% increase

Torbay Council is also concerned to note that there are no plans at present to provide sufficient train capacity despite a sustained and high increase in passenger growth.

In this environment the Council feels that two key areas of concern need to be addressed. 

Firstly, Modernisation:

There are currently no plans to electrify any track beyond Bristol.   Electrification should be rolled out across the South West peninsular.  Improved Rolling stock should accompany this work. 

Secondly, Improved resilience:

The South west suffers from a number of weak points, in it’s rail network, which can have a catastrophic impact on the network in poor weather conditions.  The vulnerable points that need addressing include:  Cowley Bridge Exeter, Dawlish sea wall and flooding on the Somerset levels. 

Enhanced capacity for the Exeter to Waterloo line capacity to be enhanced to reinstate the line as a diversionary route in the event of disruption to London main line services.  

In light of the above, this Council resolves to instruct the Executive Director of Operations and Finance to register our opposition to HS2 to the Secretary of State for Transport.  The Government should cancel this scheme and spend a significant proportion of the monies allocated to this project to improve Rail infrastructure across the whole of England, but particularly addressing the South West of England that appears to have been left behind compared to other parts of the UK. 

The Executive Director is also requested to write to Councils across Devon, Cornwall Somerset and Dorset who have a responsibility for transport advising them of this Councils actions on this matter.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor referred the motion to the Transport Working Party and requested officers to approach other local authorities to join together to provide a stronger voice for rail improvements in the South West.

(Note:  Prior to consideration of Minute 67, Councillor Doggett declared his non-pecuniary interest.)

Members considered a motion, in relation to legal highs, notice of which was given in accordance with Standing Order A14 (proposed by Councillor Thomas (D) and seconded by Councillor Excell).  The Chairman reported that he had agreed for Councillor Lewis to second the motion as it related to his Executive Lead portfolio.

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

The Council notes that:

·        A recent report, ‘No Quick Fix’, from the Centre for Social Justice (CSJ) dated September 2013 reported a rise in the use of new drugs, including new psychoactive substances (NPS), sometimes called ‘legal highs’. They report that these are doing increasing harm to a growing number of people.

·        The report highlights that that 52 people died from ‘Legal Highs’ in 2012, this being an increase from 28 the previous year. The report goes on to say the numbers of young people in the UK aged 15-24 who have taken a ‘legal high’ is estimated to be 670,000 (or 8.2 percent) – the highest in Europe.

·        The report advises that these are sold in ‘head shops’ on the high street and over the internet, these new drugs are often chemically similar to banned drugs and have the same effects. The slight molecular differences mean they can be sold as bath salts or research chemicals, provided they carry a caution against consumption. The result of this slight chemical difference means that new drugs are not covered under the A, B, C system of the Misuse of Drugs Act and therefore legal to produce, supply and possess.

·        The report states that there are 234 controlled substances that have a classification, but another 251 uncontrolled substances that don’t.

The Council resolves that:

·        The Government should speedily draw up and implement legislation to make ‘legal highs’ and any similar derivatives illegal. Furthermore to give new or amended powers to the Police and Local Authorities to enforce the new or amended legislation.

Council further resolves to:

·        Write to the Home Secretary

·        Write to the Police and Crime Commissioner, and

·        Write to the two local MPs outlining the Council’s position.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor advised he would accept the motion and the record of his decision is attached to these Minutes.

Members considered a motion, in relation to the traffic flow in Torquay town centre, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Cowell and seconded by Councillor Morey:

This Council requests that the Mayor identifies the necessary financing to reverse traffic flow in to Torquay town centre through Torre.

Council notes that recommendations from Princes Foundation, who advised Torquay Neighbourhood Forum, identified the access to the town as one that needed improving.

Council further notes that the recent Local Transport Board rejected an application for funding from the recent process and therefore alternative funding needs to be identified as a priority.

Council recognises that improving direct access in to the town will help encourage potential investors to develop sites identified within the emerging Torquay Neighbourhood Plan and in so doing stimulate regeneration.

In accordance with Standing Order A14.3(a), the motion stood referred to the Mayor.  The Mayor referred the motion to the Transport Working Party.

Members considered a motion, in relation to democracy week, notice of which was given in accordance with Standing Order A14.

It was proposed by Councillor Cowell and seconded by Councillor Ellery:

As part of Democracy Week (14 to 18 October 2013) Torbay Council will make every effort to pilot a webcast of our 17 October Council meeting.  In so doing the Council will widen the possible audience and help promote democracy.

This action will demonstrate the Mayor’s objectives of being open, inclusive and democratic.

This Council resolves, in light of tight budgetary conditions, the Executive Member for Business Planning and Governance and the Executive Head for Commercial Services, in consultation with the Chairman and Councillor Cowell, investigate and consider the provision of the free services of a broadcaster (possibly local schools/colleges) who can be engaged and assist in streaming the live webcast through both the Council and Herald Express websites.

In accordance with Standing Order A14.3(b), the Deputy Monitoring Officer advised that the motion would be dealt with by this meeting and the Chairman opened debate.

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:  the Mayor, Councillors Addis, Barnby, Bent, Brooksbank, Butt, Cowell, Darling, Davies, Doggett, Ellery, Excell, Faulkner (A), Faulkner (J), Hernandez, James, Kingscote, Lewis, McPhail, Morey, Parrott, Pentney, Scouler, Stockman, Stringer, Thomas (D), Thomas (J) and Tyerman (28);  Against:  Councillors Amil, Hill, Mills and Pritchard (4); and Absent: Councillors Baldrey, Hytche, Pountney, Richards and Stocks (5).  Therefore, the motion was declared carried.

To consider a report on the creation of a Youth Trust.

The Council made the following recommendation to the Mayor:

It was proposed by Councillor Pritchard and seconded by Councillor Faulkner (J):

That the Mayor be recommended:

(i)         That Council supports the creation of a Torbay Youth Trust;

(ii)        Agreement for a full business case to be developed that considers what services and assets will be transferred to the Youth Trust within the first 2 years of operation as part of the 2014/15 budget setting; and

(iii)       The Council provides officer support towards the development of the Youth Trust and explores options for contracting with the Youth Trust to deliver appropriate youth services.

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.

(Note:  During consideration of Minute 71, Councillors Darling, Faulkner (J) and James declared their non-pecuniary interests.)

To consider a report on the above.

The Council considered the submitted report setting out a request from the residents of Maidencombe for land (as shown edged red on plan EM2295) to be registered as a Town or Village Green (TVG) and proposals for the land to also be transferred to the residents.

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

            Decision of the Mayor

(i)         that subject to the Council agreeing to the application to the register the Land as Town or Village Green the land be transferred for no consideration to a company set up by the residents of Maidencombe or a properly constituted trust set up for the benefit of the residents of Maidencombe;  and

(ii)        that an application be made to Torbay Council in its separate capacity as Common Registration Authority for Torbay for the Land to be registered as Town or Village Green subject to the Council agreeing that registration will only be completed simultaneously with the completion of the transfer of the Land, proposed at paragraph (i);  and

Decision of Full Council

(iii)       that the application to register the Land be accepted and the Land be entered in the Council’s Register of Town or Village Greens by the Council’s Land Charges Manager such registration to be completed simultaneously with the completion of the transfer of the Land proposed at paragraph (i) and not before.

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

The Mayor considered the recommendation of the Council in (i) and (ii) above at the meeting and the record of his decision is attached to these minutes.

(Note:  During consideration of Minute 72, Councillor Hill declared his non-pecuniary interest.)

To consider a report seeking approval to bid to host the Geopark Global Conference in 2016.

The Council considered the submitted report on proposals for Torbay, as a member of the Geopark Global Network, to submit a bid to host the Geopark Global Conference in 2016.

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

(i)         that Council give it’s approval for Torbay Council, in partnership with the English Riviera Geopark Organisation (ERGO) and the TDA, to bid to host the Geopark Global Conference in 2016;  and

(ii)        that the Council commits to underwriting any shortfall in costs of hosting. It is expected that the costs will be covered by fees from delegates and with private sector sponsors.

An amendment was proposed by Councillor Morey and Councillor Davies:

            That consideration of the report be deferred to the Council meeting to be held in October 2013 to allow the concerns raised at this meeting, in particular the mitigation of the exposure to the Council’s costs, and enable a full and robust business case to be developed.

On being put the vote, the amendment was declare lost.

An amendment was proposed by Councillor Hernandez and Councillor Thomas (D):

(i)         that Council give it’s approval for Torbay Council, in partnership with the English Riviera Geopark Organisation (ERGO) and the TDA, to bid to host the Geopark Global Conference in 2016 and a letter of intent be drawn up to support this;  and

(ii)        that the Council commits to working with partners to underwrite any shortfall in costs of hosting. It is expected that the costs will be covered by fees from delegates and with private sector sponsors.

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

The substantive motion (the second amendment with the changed and additional wording) was then before Members for consideration.

In accordance with Standing Order A19.4, a recorded vote was taken on the substantive motion.  The voting was taken by roll call as follows: For:  the Mayor, Councillors Addis, Amil Barnby, Bent, Brooksbank, Butt, Excell, Hernandez, Hill, Kingscote, Lewis, McPhail, Mills, Pritchard, Scouler, Stockman, Thomas (D) and Thomas (J) (19);  Against:  Councillors Cowell, Darling, Davies, Doggett, Ellery, James, Morey, Pentney and Tyerman (9);  Abstain: Councillor Parrott and Stringer (2); and Absent: Councillors Baldrey, Faulkner (A), Faulkner (J), Hytche, Pountney, Richards and Stocks, (7).  Therefore, the substantive motion was declared carried.

To consider a report on the EU funding strategy currently being developed by the LEP.

The Council made the following recommendation to the Mayor:

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

            That the Mayor be recommended:

That the EU funding strategy currently being developed by the Local Enterprise Partnership and the thematic priorities within this are endorsed. 

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 a report on the development of the Plymouth City Deal.

The Council made the following recommendation to the Mayor:

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

The Mayor be recommended to:

(i)         that Council approves the continued participation of Torbay in the development of the Plymouth City Deal;  and

(ii)        that Council approves the direction and negotiating position of the Plymouth City Deal to be presented to the Local Growth Board on 9 October 2013.

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 note the submitted report.

The Council noted the current projected outturn for the Revenue Budget 2013/2014 based on quarter 1 information, as set out in the submitted report.

To consider a report setting out information on capital expenditure and funding for the year compared with the latest budget position as reported to Council in February and July 2013.

The Council considered the submitted report setting out the recommendations of the Overview and Scrutiny Board in respect of the Council no longer giving loans to housing associations.  It was noted that a range of affordable housing schemes were underspent.  The Council also noted the views expressed at the Priorities and Resources Review Panel that affordable housing would have a positive impact on children and families in Torbay. 

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

(i)         that the Mayor be requested to revisit his decision not to lend to housing associations given the need for affordable housing in Torbay and the income opportunities such lending provides;  and

(ii)        that the Council should ensure that the allocated spend for affordable housing is effectively utilised to achieve short and longer term outcomes for Torbay and that, should the Mayor not reconsider his position, the Council develop a Plan B as soon as possible to put to good use the money that the Council has borrowed but is in excess of its current requirements.

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

The Mayor responded to the recommendation of the Overview and Scrutiny Board in (i) above at the meeting and in accordance with Standing Order D7.4 (in relation to Overview and Scrutiny).  The Mayor did not support the recommendation as he considered there was no commitment from housing associations that they would invest the funds within Torbay.