The meeting was opened with a prayer.

Apologies for absence were received from Councillors Butt, Faulkner (A), Hytche, Scouler and Thomas (J).

To confirm as a correct record the minutes of the meetings of the Council held on 6 and 13 February 2014.

The Minutes of the meeting of the Council held on 6 February 2014 and the adjourned meeting held on 13 February 2014 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 Executive Director of Finance and Operations.

The Chairman advised that he had received a cheque for £1,679.50 for his charity, the Motor Neurone Disease Association, the money was raised at the civic carol concert held on 10 December 2013.  The Chairman thanked the Rotary Club of Babbacombe and St Marychurch and their principle sponsors Cavanna Homes and Kitsons.

The Mayor referred to his visit with the Deputy Mayor and Director of Place to the Transport Select Committee at Westminster on 25 February 2014 to lobby the Minister for Transport to support the south west to restore the rail network as soon as possible.  Torbay, Devon and Cornwall are working together through the Local Enterprise Partnership to provide a united voice to support tourism and other economies through the provision of a robust and reliant transport network.  He emphasised that Torbay is open for business and supports the robust repair of the existing rail routes and sea defences to provide a reliable rail line that people have confidence in for many years to come.

Approximately 3000 signatures.  In accordance with Standing Orders the petition will be considered at this meeting.

In accordance with Standing Order A12, the Council received the petition objecting to Torbay Council budget cuts which will close Factory Row homeless hostel and other vital supporting people projects (approximately 3,000 signatures).  Following its original submission, approximately 68 further signatures were received.  At the invitation of the Chairman, Mr Pannell addressed the Council.

The Council considered the petition.

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

The Council took into account and responded to the comments raised through the budget consultation process on the proposed cuts to supporting people, and highlighted in the submitted petition containing in excess of 3,000 signatures, when it set the Revenue Budget for 2014/15 at the adjourned Council meeting held on 13 February 2014.  This included providing just under £500,000 additional transitional funding to supporting people to support the Leonard Stock Centre, Jatis, the Foyer and Stone Court.  Therefore the Council believes it has done as much as it can in difficult financial times to support the vulnerable people of Torbay and that no further action be taken on the petition.

An amendment was proposed by Councillor Ellery and seconded by Councillor Stockman:

To refer the petition to the Overview and Scrutiny Board for further consideration.

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

The substantive motion (to refer the petition) was then before Members for consideration.

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

In accordance with Standing Order A24, the Council heard from Mr Long who had submitted a statement and question in relation to the adoption of roads at Torre Marine.  The Executive Lead for Highways, Transport and Environment responded to the statement and question that had been put forward, plus a supplementary question asked by Mr Long.

To respond to the submitted questions asked under Standing Order A13:

Members received a paper detailing 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.  Supplementary questions were then asked and answered in respect of questions 3 and 7.  Councillor Thomas (D) advised that he would provide a written response to the supplementary question arising from question 8.

Members considered a motion in relation to Council surplus assets for affordable housing, notice of which was given in accordance with Standing Order A14.

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

This Council notes:

That the Council has a target of building 100 affordable homes per annum.

That there are 1,459 households identified as in housing need on the Torbay Home Choice Register.  On average there are 350 allocations per year in Torbay through this register.

From the statistics from Office of National Statistics 2012:

·       Total number of homes in Torbay – 64,220;

·       Total number of private rented stock - 13,980 (21.8% of Torbay stock - National average 12%); and

·       Total affordable housing stock in Torbay – 5,040 (8% of Torbay stock - National average 17.5%).

The number of affordable housing completions over the last 5 years.

The number of current projected affordable housing completions (subject to change).

Therefore, this Council resolves:

(i)         that the Council’s Corporate Asset Management Plan be amended to ensure that a proportion of Council owned assets are released for redevelopment as affordable housing, in partnership with registered providers; and

(ii)        that sufficient Council owned assets to deliver a target of 50 to 65 homes per year be identified.

In accordance with Standing Order A14.3(b), the Chairman advised that the motion would be dealt with by this meeting.

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

To consider the recommendations of the Torbay Child Poverty Commission ‘Torbay Gains’ report.

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 the Council adopt and endorse the recommendations set out in the Torbay Child Poverty Commission Final Report “Torbay Gains”, as set out in Appendix 1 to the submitted report;

(ii)      that an action plan be formulated which the Health and Wellbeing Board hold responsibility for its implementation; and

(iii)      that the Child Poverty Commission be recalled on an annual basis to review progress and to hold the Health and Wellbeing Board to account.

An amendment was proposed by Councillor Cowell and seconded by Councillor James:

(iv)     that to progress the above recommendations, the Council supports the creation of an Independent low pay commission.

On being put to the vote, the amendment was declared lost.

A further amendment was proposed by Councillor Darling and seconded by Councillor Faulkner (J):

(iv)     that in light of the aspirations contained in the Torbay Child Poverty Commission “Torbay Gains” report, the Corporate Plan be revised to ensure that it aligns with the corporate elements of the report and a revised Corporate Plan be presented to the Council in September 2014.

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

The substantive motion (the original motion with the addition of (iv) above) was then before Members for consideration.

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

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

To consider a report on the submission of the Strategic Economic Plan.

The Council made the following recommendation to the Mayor:

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

The Mayor be recommended:

(i)         that the themes and priorities set out in the draft Strategic Economic Plan be endorsed as a sound basis for the final Strategic Economic Plan, establishing Torbay’s support for the document and its aims; and

(ii)        that the Executive Director of Finance and Operations be authorised, in consultation with the Mayor, to approve the final Strategic Economic Plan.

An amendment was proposed by Councillor Ellery and seconded by Councillor Cowell:

(ii)        that the Executive Director of Finance and Operations be authorised, in consultation with the Mayor and Group Leaders, to approve the final Strategic Economic Plan.

The substantive motion (the original motion with the addition of words shown in bold in (ii) above) was then before Members for consideration.

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

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

(Note:  prior to consideration of this item Councillor Doggett declared a non-pecuniary interest as a member of the Torbay Rail Line Users Group.)

To consider a report on the introduction of a formal apprentice strategy for Torbay Council.

The Council made the following recommendation to the Mayor:

It was proposed by Councillor Mills and seconded by Councillor Pentney:

The Mayor be recommended:

that the Council support and formally adopt the Apprentice Strategy, 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 a record of his decision, together with further information, is attached to these Minutes.

To consider a report on the future of the Nest Nursery, Brixham.

The Chairman advised that a revised officer recommendation had been circulated on 26 February 2014.  The Council made the following recommendation to the Mayor:

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

The Mayor be recommended:

should the received bid not meet the mandatory procurement requirements, the Director of Children’s Services be authorised to consult on the proposed closure of The Nest Nursery, Brixham.  The consultation would propose that the Nursery closes on the 31 August 2014.

An amendment was proposed by Councillor Ellery and seconded by Councillor Morey:

should the received bid not meet the mandatory procurement requirements, the Director of Children’s Services be authorised to consult on future options for establishing affordable nursery and early years provision in Brixham.

A recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For: Councillors Baldrey, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (J), James, Morey, Pentney, Pountney, Stocks, Stockman and Stringer (14); Against:  Mayor Oliver, Councillors Addis, Amil, Barnby, Bent, Brooksbank, Excell, Hernandez, Hill, Kingscote, Lewis, McPhail, Mills, Pritchard, Richards, Thomas (D) and Tyerman (17); Abstain: Councillor Parrott (1); Absent: Councillors Butt, Faulkner (A), Hytche, Scouler and Thomas (J) (5).  Therefore the amendment was declared lost.

The original motion was then put to the vote and declared carried.

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

To consider the views of the Overview and Scrutiny Board in respect of the Corporate Capital Strategy.

Members considered the submitted report from the Overview and Scrutiny Board on a proposed amendment to the Corporate Capital Strategy.  The Chairman advised that the decision was a Council decision and not a Mayoral decision as indicated on the agenda as it proposed an amendment to a Policy Framework document.

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

The Overview and Scrutiny Board recommend to the Council that the Corporate Capital Strategy be amended to highlight the opportunities available for releasing Council-owned land for affordable housing (to be provided by registered social landlords).

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

To consider the attached report setting out the annual agreement between Torbay and Southern Health and Care NHS Trust and Torbay Council.

The Council considered the submitted report setting out the annual Strategic Agreement between Torbay and Southern Devon Health and Care NHS Trust and Torbay Council in respect of commissioned services for adult care.

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

That the Strategic Agreement between Torbay and Southern Health and Care NHS Trust and Torbay Council set out at Appendix 1 to the submitted report be approved.

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

(Note:  prior to consideration of this item Councillor Doggett declared a non-pecuniary interest as a member of the Clinical Commissioning Group, Medicines Management Committee.)

To consider a report on the review of Torbay’s Allocation Policy.

Members considered the submitted report on a review of Torbay’s Allocations Policy which would enable better management of the waiting list and expectations for access to Social Housing in Torbay which is in very limited supply. 

The Chairman advised that the views of the Overview and Scrutiny Board had been circulated on 24 February 2014.  During his proposal speech Councillor Thomas (D) responded to the recommendation of the Overview and Scrutiny Board.  He advised that there was no merit in including their recommendations within the Allocations Policy as it was more in line with the Housing Strategy which was due to be refreshed from 1 April 2014.

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

That the Devon Home Choice Policy be amended in Torbay from 1 April 2014 as follows:

1.     Band E applicants will be removed from the register and only those applicants in Bands A-D will be eligible for social housing in Torbay.

2.     Applicants who have not bid for 12 months, or turned down three reasonable offers will be removed from the register.  This will be applied as of 1 April 2014.

3.     A 5 year residency test will be applied as part of the qualification criteria, requiring the applicant (or member of the applicant’s household) to have lived within Torbay for 5 years.

In addition other qualification criteria will apply to ensure that applicants who are not currently resident in the district/area but who can demonstrate a strong association to the local area will be able to qualify (e.g. through family association or employment).

This is defined as:

Need to work in Devon.  The Local Government Association guidelines define this as employment other than of a casual nature.  For the purposes of this policy this will be defined as having had permanent work with a minimum of a 16 hour contract per week for the previous 6 months, and without a break in the period of employment for more than three months.

Have family connections in Devon.  The Local Government Association guidelines define this as immediate family members (parents, siblings and nondependent children) who have themselves lived in the area for five years.

To ensure we maintain the protection provided by the statutory reasonable preference criteria and the statutory guidance.  Exceptions to the 5 year residency test will be:

·       Existing Social housing tenants, in Devon.  (to promote downsizing);

·       Members of the Armed Forces and former Service personnel, where the application is made within five years of discharge;

·       Bereaved spouses and civil partners of members of the Armed Forces leaving Services Family Accommodation following the death of their spouse or partner;

·       Serving or former members of the Reserve Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service;

·       People who are assessed as being within the reasonable preference categories – Bands A , B , Emergency and High Housing Need, as per the DHC Policy. ( This includes those fleeing  ...  view the full minutes text for item 131.

To consider a report on the setting of the Council Tax for 2014/15.

Members considered the submitted report on the setting of the Council Tax for 2014/15.

It was proposed by Mayor Oliver and seconded by Councillor Addis:

That the Council is recommended to note:

(i)         That in December 2013 the Council calculated the Council Tax Base for 2014/15:-

a) For the whole Council area as 41,713.28, [Item T in the formula in Section 31B of the Local Government Finance Act 1992, as amended (the "Act")]; and

b) For dwellings in the Brixham Town Council area as 5,633.38 to which a Parish precept relates.

(ii)        That the Police and Crime Commissioner for Devon and Cornwall and the Devon and Somerset Fire and Rescue Authority have issued precepts to the Council in accordance with Section 40 of the Local Government Finance Act 1992 for each category of dwellings in the Council’s area as indicated in the table in paragraph (v) below.

That the Council is recommended to approve:

(iii)       The Council Tax requirement for the Council’s own purposes for 2014/15 (excluding Brixham Town Council) of £52,607,537.

(iv)       That the following amounts be calculated for the year 2014/15 in accordance with Chapter Three of the Act:

            a) £283,910,284 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account the precept issued to it by Brixham Town Council.

            b) (£231,108,447) being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

            c) £52,801,837 being the amount by which the aggregate at (iv)(a) above exceeds the aggregate at (iv)(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax Requirement for the year (item R in the formula in Section 31B of the Act).

            d) £1,265.83 being the amount at (iv)(c) above (Item R), all divided by Item T ((i)(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (including Parish precepts). 

            e) £194,300 being the aggregate amount of all special items (Brixham Town Council) referred to in Section 34(1) of the Act.

f) £1,261.17 being the amount at (iv)(d) above less the result given by dividing the amount at (iv)(e) above by Item T ((i)(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish precept relates.

(v)        That the Council, in accordance with Chapter Three of the Local Government Finance Act 1992, hereby sets the aggregate amounts shown in the tables below as the amounts of Council Tax for 2014/15 for each part of its area and for each of the categories of dwellings.

To consider the attached monitoring report.

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

The Chairman advised that the views of the Overview and Scrutiny Board had been circulated on 24 February 2014 and had been referred to the Mayor for him to respond to accordingly.

To consider the submitted monitoring report.

Members noted the submitted report which provided information on capital expenditure and income from the year, compared with the latest budget position as at quarter three reported in February 2014.

To agree the draft calendar of meetings for the 2014/15 Municipal Year.

The Council received the submitted report which set out the provisional calendar of meetings for 2014/2015.  Due to time constraints this report was deferred as the final calendar of meetings for 2014/2015 would be considered at the adjourned Annual Council meeting on 1 May 2014.

To consider an exempt report on the above (report held by Human Resources Department).

Members considered an exempt report from the Monitoring Officer, which was circulated at the meeting, on a Human Resources issue.

It was proposed by Councillor Mills and seconded by Councillor McPhail:

That the recommendations as contained in the Monitoring Officer’s exempt report (detailed report held by Human Resources) be approved.

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

(Note:  prior to consideration of this item the press and public were excluded from the meeting on the grounds that exempt information (as defined in paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) was likely to be disclosed.)