The meeting was opened with a prayer.

Apologies for absence were received from Councillors Kingscote and Tolchard.

To confirm as a correct record the minutes of the meeting of the Council held on 22 September 2016.

The Minutes of the meeting of the Council held on 22 September 2016 were confirmed as a correct record and signed by the Chairman.

Councillor O’Dwyer declared a non-pecuniary interest in respect of Minute 89 as he was a Board Member of Sanctuary Affordable Housing Ltd.

Councillor Thomas (J) declared a pecuniary interest in respect of Minute 90.

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

The Chairman thanked those members who attended his Civic Church service on Sunday 9 October 2016.

The Mayor:

a)         on behalf of the people of Torbay, paid tribute to Countess Raine Spencer who had recently passed away.  Countess Spencer was an advocate for Torbay.  The Council observed a minutes silence as a mark of respect;  and

b)         advised members that Torbay’s unemployment figures were at their lowest since records began in 1983.  The Mayor referred to the implementation of the Torbay Growth Fund which had both helped businesses in Torbay to expand and encourage investment in the area, which was integral to creating more businesses and jobs.

To respond to the submitted questions asked under Standing Order A1.

Members received a paper detailing the questions and answers, as set out at

Appendix 1 to these Minutes, notice of which had been given in accordance with

Standing Order A13.

Written responses were circulated prior to the meeting. Supplementary questions

were then asked and answered in respect of questions 1, 3 and 4.

(Note:  This item was deferred from the last Council meeting on 22 September 2016.)

Members considered a motion in relation to Torbay’s position following the result of the national referendum to leave the European Union, notice of which was given in accordance with Standing Order A14.

Councillor Sanders proposed and Councillor Darling (S) seconded the motion as set out below:

That Torbay Council notes the result of the EU Referendum and now commits to doing everything that it can to protect, support and enhance the position of the residents of Torbay, in whatever new agreements are sought and reached with the European Union and its member countries and the rest of the world and otherwise, as a result of the Referendum decision to leave the EU.

In particular it believes:-

(1)          That the financial position of local authorities such as Torbay must not be further worsened and should, if possible, be improved.

(2)          That the Government must give an immediate guarantee that the existing rights of citizens of other European Union countries who are already living in Torbay will be protected.

(3)          That the importance of the Visitor economy and Hospitality Industry (including language schools and care homes) in Torbay must be recognised and their future protected.

(4)          That there must not be any weakening of environmental legislation, particularly relating to clean bathing waters, or employment rights that at present derive from EU directives.

(5)          That fisheries support for areas such as Torbay must be maintained by the Government following a withdrawal from the Common Fisheries Policy.

(6)          That convergence funding, European Social Funding, European Regional Development Funding and other EU derived funding must be replaced with funds from the UK Treasury.

This Council is further shocked by the reported increases in race hate crimes and antisocial behaviour directed at EU citizens in the UK and other ethnic minorities since the referendum result was announced, including in Torbay, and resolves to call an early meeting with the local police and other agencies to consider its response.

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

The Mayor rejected the motion as he felt it was premature and referred to the role of the Local Government Association in representing Local Government at a national level with the Government, and also the potential review by the Overview and Scrutiny Board on the United Kingdom leaving the European Union.  A record of his decision is attached to these minutes.

(Note:  This item was deferred from the last Council meeting on 22 September 2016.)

Members considered a motion in relation to Torbay Development Agency Business Plan being included in the Council’s Policy Framework, notice of which was given in accordance with Standing Order A14.

Councillor Tyerman proposed and Councillor Carter seconded the motion, which was agreed by the Council as set out below:

The Torbay Economic Development Company Limited (operating under the trading name Torbay Development Agency (TDA)) is Torbay Council's wholly owned and controlled economic development company.  Established in 2011 the TDA is responsible for delivery of a range of services and outcomes for Torbay Council.  It is also a trading business providing services to the broader public sector.  The TDA's business plan sets out how the business will function over the business plan period and approval of the same is currently a Mayoral decision.  However, given the length of plan, which provides a mandate to the company for the next 5 years, it is considered that this should be classed as part of the Policy Framework for the Council to determine.

Therefore, the Council is recommended:

That the Torbay Development Agency (TDA) Business Plan be included in the Council’s Policy Framework and the Monitoring Officer be requested to update the Constitution accordingly.

(Note:  This item was deferred from the last Council meeting on 22 September 2016.)

Members considered a motion opposing any further extension to the badger cull areas, notice of which was given in accordance with Standing Order A14.

Councillor Doggett proposed and Councillor Darling (S) seconded the motion as set out below:

This Council wishes it to be known that it is opposed to any culling of badgers on council owned land and land leased to third parties including the Torbay Coast and Countryside Trust.  The recent badger culls have been a catalogue of errors, contradictions and last minute changes, deviating from expert advice from the start. No control zone studies were established for the pilot culls, no post-mortems were organised and no details of scientific monitoring established.  There has been no proof established that badgers shot were infected ones.

In the cull, the cost of the cull has been established at £6,775 per Badger, this includes policing and equipment.  It would be better for the police to be dealing with actual crime issues, and the money already wasted so far would be better used at Council level for helping our Residents problems!  Undisturbed Badgers live in a stable close knit social group, which tend to have limited movement from one area to another and as a result, if a badger sett was harbouring TB, then it would tend to remain relatively isolated.  Culling actions disrupt the social groups and opens up the territory, causing individuals to roam further afield and, if infected will pass this infection on to sets which are not infected!  This is what is known and referred to as perturbation, and Government has already acknowledged that this is likely to have happened in the recent cull held in Gloucestershire!

This Council calls on our Members of Parliament to oppose any further extension to the cull to other areas and resolves not to allow any further pilot culls to take place within the boundaries of Torbay and instructs the Executive Lead for Environment to notify the Secretary of State for Environment, Food and Rural Affairs as well as our MP’s accordingly.

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

The Mayor requested the Overview and Scrutiny Board to consider undertaking a review on the issues raised in the motion and make recommendations to him on its findings.

Members considered a motion in relation to a campaign to create a new Marine Conservation Zone in the south west of Lyme Bay to protect dolphins, notice of which was given in accordance with Standing Order A14.

Councillor Darling (S) proposed and Councillor Pentney seconded the motion as set out below:

This Council notes that Devon Wildlife Trust is calling on the government to create a protected area in the south west of Lyme Bay for dolphins, whales and seabirds. This area is home to white beaked dolphins, but these dolphins have no legal protection against damaging human activities here.

After years of campaigning, fifty Marine Conservation Zones have now been designated to help our marine environment recover from decades of decline.

But there are many places and species that still need protection. Large marine animals, such as whales, dolphins and basking sharks are also at risk from damaging activities.

Although these species range across large areas, evidence from overseas shows that Marine Protected Areas - in places where animals gather to feed, breed and raise their young - can help to protect those at risk.

An area in the south-west of Lyme Bay is vital for a population of white beaked dolphins that spend much of their lives here, foraging for food and nursing their young.

This area is also important for bottlenose dolphins, minke whale, basking shark and thousands of seabirds.

Creation of a new Marine Conservation Zone here would protect marine animals against damaging human activities.

This Council resolves to support the campaign to create a 'Devon Dolphins' MCZ in the south-west of Lyme Bay.

This Council instructs the Chief Executive to write to the Secretary of State for the Environment, Food and Rural Affairs, Andrea Leadsom MP, advising of our support of this initiative. 

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

The Mayor requested the Harbour Committee to consider the implications of the issues raised in the motion and make recommendations to him on its findings.

Members considered a motion in relation to a proposal to undertake a Deed of Dedication to protect the King George V Playing Fields from development, notice of which was given in accordance with Standing Order A14.

Councillor Darling (S) proposed and Councillor Stringer seconded the motion, as set out below:

This Council notes the following extract taken from Torquay Council minutes and extracts from the local press of the time - from 1936-7.  At that time land was purchased with funds from the Department of Health amounting to £19,000.  At the time that the King George V (KGV) Foundation was set up, the Council decided to set aside 2 of the purchased acres specifically as part of the memorial.

Extract from Council meeting 6 October 1936:

6.  Subject to Minute no 2580 (King George Memorial Fund Playing Fields, Watcombe) being amended to read as follows:-

NATIONAL TORQUAY MEMORIAL TO HIS LATE

MAJESTY KING GEORGE V

PROVISION OF PLAYING FIELDS AT WATCOMBE

The Mayor stated that out of the sum subscribed locally to the National Memorial to His Late Majesty King George V Fund, an amount of £500 is available for a Torquay National Memorial which he desired should take the form of Playing Fields for young children as well as for organised games.  His Worship, therefore, suggested the setting aside of the two fields adjoining Easterfield Lane, numbered 162 and 163 on the Ordnance Map (consisting of about 12 ½  acres and forming part of the land at Watcombe now being acquired by the Corporation) in addition to the erection of a pair of ornamental iron gates at the entrance to such playing fields as per design now submitted.

Resolved  – (1)  That the proposal of the Mayor be adopted and that the two fields in question be allocated and dedicated for ever as playing fields for young children and organised games, as a Torquay National Memorial to his late Majesty King George V., it being understood that the sum above referred to will be expended in purchasing and erecting the gates and in laying out the grounds as playing fields.

                      (2)  That the design of the gates is approved.

Research has also found newspaper articles, with pictures, covering the dedication of the gates at the entrance to the KGV memorial playing fields, plus the tree planting.

The article goes on the mention that £660 was raised from residents of Torquay, £100 of which was sent to the Mansion House in London so that Torquay might contribute towards the National Memorial in London.

Extract from Torquay Times, Friday, 8 October 1937

“Col. Ward then handed over a cheque for the amount to Mr Johns.  The Town Clerk in exchange, gave Col. Ward a receipt and undertaking containing the terms under which the Corporation accept the donation”. 

The Mayoress then formally unveiled the tablet.  The Mayor’s Chaplain followed with the dedication.  The party then entered the playing fields for other formal ceremonies.  Mrs Ward and Mrs E Field (Vice-Chairman of  ...  view the full minutes text for item 88.

To consider the first Capital Plan monitoring report for 2016/17 under the Authority’s agreed budget monitoring procedures which provides high-level information on capital expenditure and funding for the year compared with the latest budget position as reported to Council in February 2016.

(Note:  This item was deferred from the last Council meeting on 22 September 2016.)

The Council considered the submitted report setting out an overview of the Council’s approved Capital Investment Plan for quarter one. The report provided details of capital expenditure and funding for the year compared with the latest budget position reported to the Council in February 2016.   It was noted the Capital Plan budget totalled £81.7 million for the 4 year programme, with £33.3 million scheduled to be spent in 2016/17, including £4.6m on the South Devon Highway and £4.6m on Claylands Regeneration, with £1.6 million required from capital receipts and capital contributions over the life of the Capital Plan.

Mayor Oliver proposed and Councillor Manning seconded a motion as set out below:

(i)           that the latest position for the Council’s Capital expenditure and funding for 2016/17 be noted;

(ii)          that it be noted that the following grants are funded through grant applications and, whilst not legally ring fenced, the grants must be used for the purposes for which they were granted in order not to jeopardise future government grants;

(iii)         that the allocation of the following grants to services be approved:

(a)     Department for Education: 2016/17 Condition Funding £0.448m to Children’s Services;

(b)     Department for Transport: 2016/17 Highways Maintenance Incentive Fund £0.082m to Highways Services; and

(c)     Department for Transport 2016/17 Pothole Action Fund £0.071m to Highways Services; and

(iv)         that the draft Capital Plan Prioritisation Matrix includes reference to:

(a)     where capital grants in the future are linked to specific outcomes, such expenditure will not be required to be prioritised through the Matrix; and

(b)     the Matrix being applied prior to all grant applications if match funding from the Council’s Capital Plan is required.

During the debate Councillor Darling (S) proposed and Councillor Carter seconded an amendment to the motion was set out below:

(v)        that the £1.9 uncommitted affordable housing budget be ring fenced for affordable housing.

The amendment was put to the vote and declared carried.

The amended (substantive) motion was then considered by members, which was agreed by the Council as follows:

(i)           that the latest position for the Council’s Capital expenditure and funding for 2016/17 be noted;

(ii)          that it be noted that the following grants are funded through grant applications and, whilst not legally ring fenced, the grants must be use for the purposes for which they were granted in order not to jeopardise future government grants;

(iii)         that the allocation of the following grants to services be approved:

(a)     Department for Education: 2016/17 Condition Funding £0.448m to Children’s Services;

(b)     Department for Transport: 2016/17 Highways Maintenance Incentive Fund £0.082m to Highways Services; and

(c)     Department for Transport 2016/17 Pothole Action Fund £0.071m to Highways Services;

(iv)         that the draft Capital Plan Prioritisation Matrix includes reference to:

(a)     where capital grants in the future are linked to specific outcomes, such expenditure will not be required to be prioritised through the Matrix; and

(b)     the Matrix being applied prior to all grant applications if match funding from the Council’s Capital  ...  view the full minutes text for item 89.

To consider the submitted report on the above.

(Note:  This item was deferred from the last Council meeting on 22 September 2016.)

Further to the Council’s approval on 1 June 2015 for the town centre Masterplan regeneration, members considered a report requesting officers to explore the potential to acquire or compulsorily purchase appropriate sites to enable quick delivery of the Masterplan schemes.

Councillor Haddock proposed and Councillor Robson seconded a motion, which was agreed (unanimously) by the Council as follows:

(i)           that Brixham Town Centre be included in the Masterplan programme; and

(ii)          the Assistant Director Corporate and Business Services be requested to consider acquisition/compulsory purchase of appropriate sites in support of the objectives of the town centre Masterplan programme subject to satisfactory business case(s) being made.

(Note:  Prior to consideration of Minute 90, Councillor Thomas (J) declared his pecuniary interest and withdrew from the meeting.)

To consider the submitted report on a proposed outside bodies protocol to be added to the Council’s Constitution.

(Note:  This item was deferred from the last Council meeting on 22 September 2016.)

The Council considered a proposed amendment to the Council’s Constitution (Standing Orders – Access to Information) to introduce a reporting mechanism for members on representing the Council on key outside bodies to enable all members to be briefed annually on the work of these outside organisations.

Councillor Thomas (D) proposed and Councillor Stocks seconded a motion, which was agreed by the Council as follows:

that the Outside Bodies Protocol (for inclusion in Standing Orders – Access to Information) set out at Appendix 1 to the submitted report be approved.

To consider the submitted report on a possible Community Governance Review which could lead to the creation of town councils in Paignton and Torquay.

(Note:  This item was deferred from the last Council meeting on 22 September 2016.)

Members considered the submitted report on a proposal for the Council to conduct a Community Governance Review which could lead to the creation of town councils in Paignton and Torquay.

Councillor Mills proposed and Councillor King seconded a motion, which was agreed (unanimously) by the Council as follows:

that the Council conducts a Community Governance Review following the conclusion of the electoral review of Torbay’s electoral boundaries being carried out by the Local Government Boundary Commission for England.

To consider the Mayor’s response to the Council objections to the Parking Strategy 2016-2021 as set out in the submitted report (Policy Framework).

Further to the Council meeting held on 22 September 2016, members considered the submitted report on the Mayor’s response to the objections raised by the Council on the Parking Strategy 2016-2021.

Councillor Excell proposed and Councillor King seconded a motion as set out below:

(i)         that the Torbay Council Parking Strategy 2016-2021, as set out in Appendix 2 to the submitted report, be adopted;

(ii)        that the Parking Operations Panel and Members involvement in the decision making process be reviewed after one year;  and

(iii)       that the Executive Head of Business Services be requested to explore other forms of camera technology, other than mobile camera enforcement vehicles, for example putting cameras on crossing patrol lollipops or permanent cameras outside schools (which would be funded by the schools) to address concerns about public safety, in particular road safety risks to children outside school entrances.

During the debate Councillor Thomas (D) proposed and Councillor Robson seconded an amendment to the motion as follows:

(i)         that the Council considers that the Mayor is attempting, within his proposed Parking Strategy (a Policy Framework document), to fetter his or a subsequent leader’s discretion to make a decision to use mobile technology, which also results in an operational approach rather than at a strategic level.  Therefore, the Council amends the Mayor’s proposed Parking Policy and adopts the Officer recommendation (as set out in (ii) below) to enable the Executive to introduce appropriate technology should they chose to do so;

(ii)        that the Torbay Council Parking Strategy 2016-2021, as set out in Appendix 2 to the submitted report, be adopted, except that the phrase “However, this Strategy does not support the use of mobile enforcement cameras” should be deleted on page 15 of the strategy, under the section marked ‘Fair Enforcement’, and replaced with the following statement :-

            “In particular the use of mobile enforcement cameras can improve road safety for children outside school entrances and reduce the road safety risks presented to public transport users. Strict operating procedures should be applied to the use of any mobile technology to ensure that fair enforcement is undertaken and the law abiding motorist is not penalised.”

(iii)       that the Parking Operations Panel and Members involvement in the decision making process be reviewed after one year;  and

(iii)       That the Executive Head of Business Services be requested to explore other forms of camera technology, other than mobile camera enforcement vehicles, for example putting cameras on crossing patrol lollipops or permanent cameras outside schools (which would be funded by the schools) to address concerns about public safety, in particular road safety risks to children outside school entrances.

A recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For: Councillors Barnby, Bent, Bye, Carter, Cunningham, Darling (M), Darling (S), Doggett, Ellery, Haddock, Hill, Lewis, Morey, Morris, O’Dwyer, Parrott, Pentney, Robson, Sanders, Stockman, Stocks, Stringer, Stubley, Sykes, Thomas (D), Thomas (J), Tyerman and Winfield (28);  Against:  Mayor Oliver; Councillors Amil, Excell, Manning  ...  view the full minutes text for item 93.

To consider the submitted report setting out the Mayor’s proposal for the Local Transport Plan Implementation Document (Policy Framework).

The Council considered the submitted report on an overarching strategy across Torbay and Devon for investing in the transport network for all modes of transport and set out how transport should be delivered in Torbay.

Councillor King proposed and Councillor Thomas (D) seconded a motion, which was agreed by the Council as follows:

(i)         the Torbay Local Transport Implementation Plan 2016-2021, as set out in the submitted report, is adopted;

(ii)        the Council supports a proportion of capital funding, sourced from the Integrated Transport Block, (£330,000) to develop new capital projects over the next 2-3 years, including the production of evidence and business cases to support those projects, as set out in the submitted report and the appended implementation plan; and

(iii)       the Council supports the use of ‘Integrated Transport Block’ grant funding to become part of the Council’s Capital Plan budget and for the use of the Capital Plan Prioritisation Matrix to be used to assess the development of capital transport projects.

To note the submitted report on the above.

Members considered the submitted report which provided a six monthly update on the Children’s Services Improvement Plan.  It was noted the Improvement Plan set out activity in response to the Council’s Children’s Services being judged as inadequate in January 2016 following an Ofsted inspection.

Councillor Parrott proposed and Councillor Barnby seconded a motion, which was agreed (unanimously) by the Council as follows:

that the Council note the progress to date as set out in the Improvement Plan (Appendix 2 to the submitted report) and agree to receive updates on a regular basis.

To note the submitted report setting out details of a decision which was not included in the Forward Plan.

Members noted the submitted report on a urgent Council decision taken by the Chief Executive (appropriation of land at Bolton Cross for planning purpose) which had not been included in the Forward Plan.