The meeting was opened with a prayer.

Apologies for absence were received from Councillors Barrand, Heyse, Hill and Stockman.

To confirm as a correct record the minutes of the meeting of the Council held on 28 May 2019.

The Minutes of the meeting the annual Council meeting held on 28 May 2019 and the adjourned annual Council meeting held on 28 May 2019 were confirmed as correct records and signed by the Worshipful the Mayor of Torbay.

The following pecuniary interests were declared:

To receive any communications or announcements from the Civic Mayor, the Overview and Scrutiny Co-ordinator, the Council’s representative on the Heart of the South West Joint Committee or the Chief Executive.

The Leader of the Council updated the Council on the work of the new Councillor Partnership which included the establishment of four key priorities.  The Leader of the Council also outlined his proposed approach to engage all members on the development of the Councillor Partnerships’s work programme.

Councillor Cowell provided a report to the Council on the first meeting of the Heart of the South West Joint Committee since the local elections, which he attended on behalf of the Leader of the Council (as attached to these Minutes).

Approximately 1292 valid written signatures from residents and people who work or study in Torbay.  In accordance with Standing Orders the petition will be considered at this meeting.

In accordance with Standing Order A23, the Council received a petition requesting the Council to protect and improve toilet capacity for Central and South Goodrington Beach, Paignton (approximately 1,292 valid written signatures).

At the invitation of the Worshipful the Mayor of Torbay, Catherine Fritz addressed the Council.

The Worshipful the Mayor of Torbay advised that, under the Council’s Petition Scheme, as the petition had reached the 1,000 signature threshold it was subject to debate by the Council.

The Monitoring Officer outlined the options open to the Council.

Councillor Morey proposed and Councillor Howgate seconded the motion, as set out below:

that Cabinet be recommended to offer a long term lease to the current tenant of South Sands Beach Cafe including toilets to its customers and the general public during its opening hours.

During the debate, Councillor David Thomas proposed an amendment.  Councillor Morey and Councillor Howgate accepted the amendment, which was then incorporated in the original motion and was agreed by the Council  as set out below:

that Cabinet be recommended to offer a long term lease to the current tenant of South Sands Beach Cafe including toilets to its customers and the general public during its opening hours. Furthermore, that public toilet provision at Goodrington North and Goodrington South will remain open for the summer season 2019.

In acordance with Standing Order A12, the Council received a petition requesting the installation of a pedestrian crossing on Browns Bridge Road (approximately 25 signatures).

In accordance with Standing Order A23, the Council received a petition requesting the Council to install a pedestrian crossing in the vicinity of Condor Drive, on Browns Bridge Road, Torquay (approximately 25 paper signatures).

The Worshipful the Mayor of Torbay reported that the petition would be referred to the Assistant Director of Planning & Transport, for consideration in consultation with the Cabinet Member for Infrastructure, Environment and Culture.

To hear and respond to any written questions or statements from members of the public which have been submitted in accordance with Standing Order A24.

The Council received four public questions, which had been submitted in accordance with Standing Order A24.

Firstly, the Council heard from Ms Baglin who had submitted a statement and question in relation to the wildlife corridor at Edginswell, Torquay.  Councillor Morey, the Cabinet Portfolio Holder for Infrastructure, Environment and Culture responded to the statement and question that had been put forward.

The Council then received questions submitted by Ms Loates, Mr Robson and Mr Watts, in relation to Oldway Mansion, Paignton and the establishment of the Oldway Trust.  Councillor Long, the Cabinet Portfolio Holder for Economic Regeneration, Tourism and Housing, responded to the questions that had been put forward and responded to supplementary questions asked by Ms Loates, Mr Robson and Mr Watts.

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

Members received a paper detailing questions, notice of which had been given in accordance with Standing Order A13. The paper also contained the answers to the questions which had been prepared by Councillors Carter, Steve Darling, Morey and Stockman, and was circulated prior to the meeting.

The Worshipful the Mayor of Torbay advised that Councillor Cowell would respond to any supplementary question in the absence of Councillor Stockman.

Supplementary questions were put and answered by Councillors Steve Darling and Morey, arising from their responses to the questions in respect of questions 1, 3 and 6.

To consider the attached motion, notice of which has been given in accordance with Standing Order A14 by the members indicated.

Members considered a motion in relation to Climate Change, notice of which was given in accordance with Standing Order A13.

Councillor Howgate proposed and Councillor Dart seconded the motion as set out below:

Full Council notes:

1.    Human activity has already caused irreversible climate change, the impact of which is felt around the world. Global temperatures have increased by over 1°C from pre-industrial levels. Atmospheric CO₂ levels are over 400 parts per million (ppm), far exceeding the 350ppm deemed a ‘safe’ level for humanity. The world is on track to overshoot the Paris Agreement’s 1.5°C limit before 2030;

2.    The Intergovernmental Panel on Climate Change (IPCC) Special Report on Global Warming of 1.5°C, published in November 2018, describes the harm that a 2°C rise is likely to cause, and tells us that limiting global warming to 1.5°C may still be possible with ambitious action from national and sub-national authorities, civil society, the private sector, indigenous people and local communities;

3.    In order to reduce the chance of runaway global warming and limit the effects of climate breakdown, it is imperative that each of us reduces our CO₂eq (carbon equivalent) emissions from their current 6.5 tonnes per person per year to less than 2 tonnes without delay;

4.    Individuals can accept responsibility for living in a more sustainable way but cannot be expected to make these changes on their own. Carbon emissions result from both production and consumption, so governments – national, regional and local – must change legislation, standards and their approach to meet the need to reduce our CO2eq emissions and make low carbon living easier to achieve and the new ‘norm’;

5.    Councils across the world are responding by declaring a ‘Climate Emergency’ – making a commitment to address this emergency.  In the South West, Bristol, Cornwall and Somerset Councils have already taken this step;

6.    Torbay, with its coastline and large low lying areas, especially in Paignton, is particularly vulnerable to the effects of climate change.

Full Council believes that:

1.    All governments have a duty to limit the negative impacts of climate breakdown, and local governments that recognise this cannot, and should not, wait for their national government to act;

2.    It is important for the residents of Torbay that its Council commits to reducing CO₂eq emissions and work towards carbon neutrality as quickly as possible;

3.    Bold climate change can deliver economic benefits by way of new jobs, economic savings, market opportunities and improved well-being.

Full Council resolves:

Cabinet be recommended:

a)    That Torbay Council recognises the scale and urgency of the global challenge from climate change, as documented by the latest Special Report of the Intergovernmental Panel on Climate Change, and declares a climate emergency;

b)    That the Overview and Scrutiny Board be requested to review and recommend what further corporate approaches can be taken through Torbay Council’s Energy and Climate Change Strategy and to facilitate stronger Torbay-wide action through collaboration at a strategic, community and individual level;

c)  ...  view the full minutes text for item 26.

To consider a report on the adoption of the Paignton Neighbourhood Plan.

At the Council meeting on 15 November 2018, the Council approved the Paignton Neighbourhood Plan (with modifications) be submitted for a Referendum which was held on 2 May 2019.  Members noted the result of the Referendum was 88% in favour of the plan and accordingly the Council was required to make (adopt) the plan (as set out in the submitted report) as part of the Development Plan alongside the Local Plan.

Councillor Morey proposed and Councillor Howgate seconded a motion, which was agreed (unanimously) by the Council as set out below:

that, following the outcome of the referendum held on 2 May 2019:

(i)         the Paignton Neighbourhood Plan Habitats Regulations Assessment (Appropriate Assessment) set out in Appendix 2 to the submitted report be approved;  and

(ii)        the Paignton Neighbourhood Plan set out in Appendix 1 to the submitted report is made, with the submitted report and the record of this meeting collectively forming the required Decision Statement, in accordance with s.38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended) and the Neighbourhood Planning (General) Regulations 2012 (as amended).

To consider a report on the adoption of the Brixham Peninsula Neighbourhood Plan.

At the Council meeting on 15 November 2018, the Council approved the Brixham Peninsula Neighbourhood Plan (with modifications) be submitted for a Referendum which was held on 2 May 2019.  Members noted the result of the Referendum was 89% in favour of the plan and accordingly the Council was required to make (adopt) the plan (as set out in the submitted report) as part of the Development Plan alongside the Local Plan.

Councillor Morey proposed and Councillor Manning seconded a motion, which was agreed (unanimously) by the Council as set out below:

that, following the outcome of the Referendum held on 2 May 2019:

(i)         the Brixham Peninsula Neighbourhood Plan Habitats Regulations Assessment (Appropriate Assessment) set out in Appendix 2 to the submitted report be approved;  and

(ii)        the Brixham Peninsula Neighbourhood Plan set out in Appendix 1 to the submitted report is made, with the submitted report and the record of this meeting collectively forming the required Decision Statement, in accordance with s.38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended) and the Neighbourhood Planning (General) Regulations 2012 (as amended).

(Note:  Prior to consideration of Minute 28, Councillor Bye withdrew from the meeting due to his pecuniary interest.)

To consider a report on the adoption of the Torquay Neighbourhood Plan.

At the Council meeting on 15 November 2018, the Council approved the Torquay Neighbourhood Plan (with modifications) be submitted for a Referendum which was held on 2 May 2019.  Members noted the result of the Referendum was 87% in favour of the plan and accordingly the Council was required to make (adopt) the plan (as set out in the submitted report) as part of the Development Plan alongside the Local Plan.

Councillor Morey proposed and Councillor Cowell seconded a motion, which was agreed (unanimously) by the Council as set out below:

that, following the outcome of the Referendum held on 2 May 2019:

(i)         the Torquay Neighbourhood Plan Habitats Regulations Assessment (Appropriate Assessment) set out in Appendix 2 to the submitted report be approved;  and

(ii)        the Torquay Neighbourhood Plan set out in Appendix 1 to the submitted report is made, with the submitted report and the record of this meeting collectively forming the required Decision Statement, in accordance with s.38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended) and the Neighbourhood Planning (General) Regulations 2012 (as amended).

To consider a report that ensures Members receive allowances which reflect the level and time commitment required to fulfil their roles and that the scheme complies with the relevant legislation and guidance.

Further to the Council meeting held on 31 January 2019, Members considered the Torbay Independent Remuneration Panel’s eighth report on Members’ Allowances for Torbay Council, along with the recommendations of the Cabinet (as set out in the submitted report and revised recommendations circulated on 19 June 2019).

Councillor Carter proposed and Councillor Cowell seconded a motion, which was agreed (unanimously) by the Council as set out below:

(i)         that the Council approves the following for inclusion in the Members’ Allowance Scheme for implementation from 7 May 2019:

(a)       that the Basic Allowance for all Members be set at £8,668 (this is set at a level to include covering all costs which are not covered elsewhere in the Allowances Scheme, such as telephone charges, broadband, stationery, paper, postage and travel on non-approved duties etc.);

(b)       that the rates for travel be the same as those set in the Torbay Council Expenses Policy for officers and be paid for all approved duties;

(c)       that subsistence is only paid for the approved duties listed in (d) below and the following must apply in line with the officer policy: 

-           breakfast – depart from home before 8.00 a.m. £6.22;

-           lunch – absent from normal place of work between 12.00 noon and 2.00 p.m. £7.35; and

-           evening meal – not home before 6.00 p.m. £10.17;

(d)       that the following are identified as approved duties for the purpose of travel, subsistence and carers’ allowances:

(i)         attendance at meetings as a duly appointed member of:

(a)       the Council and any committee of the Council;

(b)       any sub-committee appointed by a committee;

(c)       the Cabinet or committee of the Cabinet (if appointed);

(d)       working parties;

(e)       scrutiny review panels;

(g)       any outside organisation and their sub-groups appointed by the Council or Leader of the Council, provided that the organisation does not pay any such expenses (these are listed on each Councillor’s details page on the Council’s website at http://www.torbay.gov.uk/DemocraticServices/mgListOutsideBodies.aspx?bcr=1)

(ii)        attendance at site visits for planning or licensing purposes or as part of overview and scrutiny by committee/board members;

(iii)       attendance at member development sessions;

(iv)      attendance at seminars and all member briefings organised by Torbay Council, except for those held immediately prior to a meeting of Council;

(v)       attendance at non-political conferences/seminars, subject to prior approval by the Director or Assistant Director who holds the budget, and funding for the conference being available (in accordance with the Local Protocol for the Leader of the Council and Political Groups);

(e)       that the co-optees allowance is frozen at £118 and that this will include expenses for travel and subsistence;

(f)        that Members may only claim one SRA in addition to their basic allowance;

(g)       that the SRA for the Leader of the Council be set at £20,004;

(h)       that the SRA for the Deputy Leader be set at £11,101;

(i)         that the SRA for Cabinet members be set at £10,733 on the basis of a collective decision making Cabinet;

(k)       that the SRA for  ...  view the full minutes text for item 30.

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following item on the agenda on the grounds that exempt information (as defined in Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) is likely to be disclosed.

Councillor Steve Darling proposed and Councillor Ellery seconded the motion, which was agreed by the Council, as set out below:

that the press and public be excluded from the meeting prior to consideration of Item 15 on the agenda on the grounds that exempt information (as defined in paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) is likely to be disclosed.

Prior to consideration of the item in Minute 32, the press and public were formally excluded from the meeting.

To consider a report on the above.

The Council considered matters relating to options in respect of Crossways as set out in the exempt report circulated prior to the meeting.

The decision of the Council meeting is restricted due to exempt information contained within the decision.

(Note:  Prior to consideration of Minute 32, Councillors Loxton and O’Dwyer withdrew from the meeting due to their pecuniary interests.)