The meeting was opened with a prayer.

Following the opening, Members observed a minute’s silence as a mark of respect in memory of former Councillor and Chairman of the Council, Michael Hytche, who had recently passed away on 2 December 2023.

The Chief Executive advised Councillor Atiya-Alla was due to arrive later in the meeting.

(Note:  Councillor Atiya-Alla arrived during consideration of Minute 59.)

To confirm as a correct record the minutes of the meeting of the Council held on 20 September 2023.

The Worshipful the Mayor of Torbay proposed and Councillor Stevens seconded a motion, which was agreed (unanimously) by the Council as set out below:

that the Minutes of the meeting of the Council held on 20 September 2023 be confirmed as a correct record and signed by the Worshipful the Mayor of Torbay.

Councillors Harvey and Nicolaou declared Section 106 of the Local Government Finance Act 1992 applied to them.

To receive any communications or announcements from the

·         Civic Mayor including a presentation from Karen Thomson of Torbay & Devon Civic Awards,

·         the Leader of the Council,

·         the Overview and Scrutiny Co-ordinator

·         the Chief Executive.

The Worshipful the Mayor of Torbay welcomed,Karen Thomson, Award Founder of Torbay & Devon Civic Awards for schools who gave a presentation to the Council on the Awards.  On behalf the Council, the Worshipful the Mayor of Torbay thanked Ms Thomson for running the Awards for year six pupils.

The Leader of the Council updated members on the report on Oldway Mansion, which was considered by the Cabinet on 5 December 2023, and advised £54 million had been estimated to deliver the proposals.  Members heard that the project would be supported by funding from external partners and that the Cabinet had requested officers to investigate identifying £1 million to commence phase 1 of the project to ensure that Oldway Mansion was wind and watertight.

In accordance with Standing Order A2.2 in relation to Council meetings, the Worshipful the Mayor of Torbay varied the order of business as follows:

Item 6 (Members’ Questions) to be considered at the end of the agenda;

Items 7A to 7D (Notice of Motions) to be considered after Item 15 (Review of Political Balance);

Item 9 (Community and Corporate Plan 2023-2043) to be considered after Item 17 (Appointment of Chairman/woman of the Standards Committee);  and

Item 18 (Composition and Constitution of the Cabinet and Record of Delegation of Executive Functions) to be received/noted before Item 8 (Future Structure and Operation of TorVista Homes).

Members received a motion in relation to £100,000 of one-off funding being identified to introduce 20 mph neighbourhoods (for schemes as listed in the Notice of Motion), notice of which was given in accordance with Standing Order A13.

In accordance with Standing Order A13.2(d), the Worshipful the Mayor of Torbay reported that consideration of the motion stood deferred to a subsequent meeting of the Council to enable a report from the Council’s Chief Finance Officer to be prepared on the financial implications resulting from the motion.

To receive details from the Leader of the Council of the composition and constitution of the Cabinet for the remainder of 2023/2024, together with the record of delegations of Executive functions (in accordance with Standing Order C2).

Members noted the submitted report which provided details of changes made by the Leader of the Council to Cabinet members’ portfolios.

To consider the recommendations of the Cabinet and the submitted report regarding the future structure and operation of TorVista Homes.

Following the decision of the Council on 20 September 2023 (Minute 37/9/23 refers), the Council considered the recommendations of the Cabinet and the submitted report proposing to dissolve TorVista Homes (TVH), to enable the Council to achieve its strategic objectives through a more cost effective and sustainable approach.

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

1.         that TorVista Homes be dissolved with effect from 1 April 2024, (or immediately following transfer of all social housing units, if this is beyond this date), with mandatory de-registration to the Regulator of Social Housing by TorVista Homes in advance and:

the Director of Pride in Place be instructed to:

a.   commence tenant consultation (in line with current requirements by the Regulator of Social Housing) in relation to the proposal to transfer the social housing units, income and liabilities into Torbay Council;

b.   instruct TorVista Homes to maintain a continuous level of service to their tenants (in accordance with all requirements for Registered Providers of social housing, to at least the same standard as they currently receive), including continuing to achieve mandatory compliance standards until transfer of the homes has been completed;  and 

c.   develop detailed delivery plans, in consultation with the Cabinet Member for Housing, Finance and Corporate Services and all Group Leaders (or their nominees), setting out how the Council will accelerate:

i.          the provision of new Affordable Housing, targeted to meet Torbay’s local housing need, specifically including;

1.          Social Rented Housing; and

2.          Affordable Rented Housing

ii.        the provision of accommodation for strategic priority areas, including:

1.    Extra care

2.    Supported housing (for various client groups)

3.    Temporary accommodation, and

4.    Care experienced young people;

the Director of Finance, in consultation with the Monitoring Officer and Cabinet Member for Housing, Finance and Corporate Services, be given delegated authority to:

a.  subject to satisfactory completion of all necessary due diligence, (and tenancy engagement), enter into the Capital funding grant agreements with Homes England and to transfer all social housing units, assets, liabilities and income from TorVista Homes into the ownership and management of Torbay Council;  and

b.   upon completion of all satisfactory due diligence, transfer any land or development assets owned by TDA or TorVista Homes into the ownership of Torbay Council, as required;  and

the Head of Strategic Housing and Delivery, in consultation with Cabinet Member for Housing, Finance and Corporate Services, be given delegated authority to:

a.   subject to completion of a satisfactory procurement, agree a suitable scope and extend the Council’s existing Temporary Accommodation and property maintenance contract for a further 12 months, with additional provision to include the maintenance and compliance of any homes currently owned by TorVista Homes that transfer to the Council, should this be required; and

b.   apply for Investment Partner status on behalf of the Council, and secure Homes England funding for any eligible future directly provided affordable housing scheme;  and

2.        that Council approve an annual revenue budget of  ...  view the full minutes text for item 56.

To consider the recommendations of the Cabinet and the submitted report regarding the Cumulative Impact Assessment 2024-2027.

The Council received the recommendations of the Cabinet and the submitted report setting out the statutory three yearly review of the Cumulative Impact Assessment and the consultation responses on the cumulative impact assessment areas which were proposed to be adopted.

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

1.         that the Cumulative Impact Assessment is maintained, and the revised assessment contained in Appendix 1 to the submitted report is adopted and published and will come into effect from 7 January 2024; and

2.         that the Licensing Committee be authorised to approve future reviews and adoption of the Cumulative Impact Assessment.  Since the introduction of section 5A of the Licensing Act 2003, all matters regarding Cumulative Impact Assessments are now the responsibility of the statutory Licensing Committee, by virtue of section 7(1), as it is no longer part of the Licensing Act 2003 Statement of Policy. 

To consider a report on the above.

The Council considered the submitted report on a review of the current local Council Tax Support Scheme and recommendations for a replacement Scheme to be introduced for 2024/25, and in accordance with statutory requirements.  Members noted that the Council Tax Support Scheme provided financial support to households that were on a low income or were unemployed, to assist them in paying their Council Tax.  The review recommended a revised Scheme which introduced a less complex banded scheme for residents of working age in Torbay and a change in the level of support provided.

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

1.         that the Council Tax Support Scheme be amended as follows:

1.         Introduction of an income banded scheme where a discount will be applied to the Council Tax liability with the maximum level of discount (for working age residents), to be raised to 75% of the Council Tax liability.

2.         Removal of the restriction to the equivalent of Council Tax property band D for households that occupy property in bands E to H.

3.         Removal of the requirement for non-dependant deductions.

4.         Lowering of the number of hours used to calculate the self-employed minimum income floor for lone parents from 35 to 25 hours.

5.         Retention of the number of hours used for calculating the self-employed minimum income floor for single people, couples, and couples with children at 35 hours.

6.         Removal of the Extended Payment provision.

7.         Retention of the Additional Earnings disregard. Provision of a new disregard for Carer’s Allowance.

8.         Provision of a new disregard for the support related and work-related activity components for Employment and Support Allowance.

9.         Provision of a disregard of £75 per week where the applicant, partner or dependant is in receipt of a disability benefit;  and

2.         that the allocation of funding to facilitate the new scheme be approved as follows:

(a)       £529,000 to meet the on-going increased benefit allocated through the new banded scheme and the increased maximum level of benefit;  and

(b)       £20,000 increase in the Exceptional Hardship Fund to support any residents adversely affected by the scheme change.

(Note:  Prior to consideration of Minute 58, Councillors Nicolaou and Harvey declared Section 106 of the Local Government Finance Act 1992 applied to them.  They did not take part in the debate or vote on the matter.)

To consider a report on the above.

Members considered the submitted report which set out the Council tax base for council tax purposes for 2024/25.

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

1.         that the calculation of the Torbay Council Tax Base for the year 2024/25 be approved as detailed in Appendix 1 as set out in the submitted report;

2.         that the calculation of the Brixham Town Council Tax Base for the year 2024/25 be approved as detailed in Appendix 2 as set out in the submitted report;

3.         that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as its Council Tax base for the year 2024/25 should be 47,374.08;

4.         that, in accordance with the Local Authorities (Calculation of Tax base) (England) Regulations 2012, the amount calculated by Torbay Council as the Council Tax base for Brixham Town Council for the year 2024/25 should be 6,251.14;

5.         that, from April 2025 the Council adopts a 100% Council Tax premium in respect of second homes (as previously approved at Council on 8th December 2022);  and

6.         that, from April 2024 the Council adopts a 100% Council Tax premium in respect of empty premises that have been left unoccupied and substantially unfurnished for a period of between 1 and 2 years (as previously approved at Council on 8th December 2022).

(Note 1:  Prior to consideration of Minute 59, Councillors Nicolaou and Harvey declared Section 106 of the Local Government Finance Act 1992 applied to them.  They did not take part in the debate or vote on the matter.)

(Note 2:  Councillor Aitya-Alla joined the meeting during consideration of Minute 59 declared Section 106 of the Local Government Finance Act 1992 applied to him.  He did not take part in the debate or vote on the matter.)

To consider the recommendations of the Cabinet and a report that provides a high-level budget summary of the Council’s revenue and capital position for the financial year 2023/24, comparing budgets with year-end forecasts.

The Council received the submitted report on the high-level budget summary of the Council’s revenue and capital income and expenditure for the end of quarter 2 (up to 31 September 2023) of the 2023/24 financial year and the Cabinet’s recommendations.  It was noted the revenue budget was predicting an overspend of £1.3 million, a reduction of £200,000 on the forecast made at quarter 1.

The submitted report included recommendations for new projects to be added to the Council’s Capital Programme.

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

that Council approves:

1.         the addition of the following new projects (full details in para 8.4 of the submitted report) to the current capital programme:

a.         Paignton Academy STEPS Relocation – project totalling £1,250,000.

b.         EPIC Centre X-Ray equipment –A new project totalling £150,000;  and

2.         the provision of a £60,000 grant to the Shoalstone Seawater Pool Community Interest Company, subject to them being successful in their funding bid to the Community Ownership Fund (COF). This match funding (from reserves) will provide support towards the costs of major repairs required to the pool.

To consider a report on the above.

The Council received the submitted report on proposals for the Constituent Authorities to consider their withdrawal and dissolution of the Heart of the South West (HotSW) Joint Committee.  It was noted that changes in Government policy, the development of the devolution deal and the forthcoming integration of the HofSW Local Enterprise Agency into local authorities meant that the HofSW Joint Committee had been largely superseded, and other existing partnership arrangements could deliver the Constituent Authorities’ aims.

Councillor David Thomas proposed and Councillor Chris Lewis seconded a motion, which was agreed (unanimously) by the Council as set out below:

that Council agrees to serve notice of its withdrawal and that the Heart of the South West Joint Committee be dissolved on 31 December 2023. 

To consider a report that sets out a review of the political balance of the Council to ensure places on Committees and Working Parties are allocated in accordance with the relevant statutory and Constitutional requirements.

The Council considered a report on a review of political balance on committees and working parties following the creation of the Prosper Torbay Group.

Councillor David Thomas proposed and Councillor Billings seconded a motion as set out below:

1.         that Council adopts Option 1 for the overall political balance of the committees as set out at Appendix 1 of the submitted report;

2.         that, in accordance with the Local Protocol for Working Parties, the overall political balance of working parties as set out in Appendix 2 of the submitted report be approved;

3.         that it be noted that the political balance of the Adult Social Care and Health and Children and Young People’s Overview and Scrutiny Sub-Boards of the Overview and Scrutiny Board and the Harbour Appointments Sub-Committee of the Harbour Committee remain unchanged;  and

4.         that the Overview and Scrutiny Board be requested to review the political balance of its Review Panels.

During the debate Councillor Cowell proposed and Councillor Steve Darling seconded an amendment to the motion as follows:

1.         that Council adopts Option 1 2 for the overall political balance of the committees as set out at Appendix 1 of the submitted report;

2.         that, in accordance with the Local Protocol for Working Parties, the overall political balance of working parties as set out in Appendix 2 of the submitted report be approved;

3.         that it be noted that the political balance of the Adult Social Care and Health and Children and Young People’s Overview and Scrutiny Sub-Boards of the Overview and Scrutiny Board and the Harbour Appointments Sub-Committee of the Harbour Committee remain unchanged;  and

4.         that the Overview and Scrutiny Board be requested to review the political balance of its Review Panels.

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:

1.         that Council adopts Option 2 for the overall political balance of the committees as set out at Appendix 1 of the submitted report;

2.         that, in accordance with the Local Protocol for Working Parties, the overall political balance of working parties as set out in Appendix 2 of the submitted report be approved;

3.         that it be noted that the political balance of the Adult Social Care and Health and Children and Young People’s Overview and Scrutiny Sub-Boards of the Overview and Scrutiny Board and the Harbour Appointments Sub-Committee of the Harbour Committee remain unchanged;  and

4.         that the Overview and Scrutiny Board be requested to review the political balance of its Review Panels.

Members considered a motion in relation to the appointment of the Overview and Scrutiny Co-ordinator and Scrutiny Leads, notice of which was given in accordance with Standing Order A13.

Councillor Cowell proposed and Councillor Maddison seconded a motion, which was agreed by the Council as set out below:

1.         that the decision of the Council to appoint Councillor Twelves as Overview and Scrutiny Co-ordinator be rescinded (Minute 44/9/23 refers) and that Councillor Steve Darling be appointed as Overview and Scrutiny Co-ordinator and Chairman of the Overview and Scrutiny Board in accordance with Article 5.04);

2.         that the Council notes the Leader of the Liberal Democrat Group’s allocation of a Liberal Democrat seat on the Overview and Scrutiny Board to the Prosper Torbay Group (as set out in the Notice of Variation to Membership of Committees dated 22 November, 2023 and in accordance with Standing Order B2.1) and therefore reaffirms Councillor Joyce’s appointment as the Overview and Scrutiny Lead for Adults, Community Services, Public Health and Inequalities;

3.         that the decision of the Council to appoint Councillor Maddison as Overview and Scrutiny Lead for Economic Growth and Culture be rescinded (Minute 11(2)/5/23 refers) and Councillor Long be appointed as Overview and Scrutiny Lead for Place Development, Economic Growth and Culture;  and

4.         that the decision of the Council to appoint Councillor Hutchings as the Overview and Scrutiny Leads for Finance, Corporate and Place Based Services be rescinded (Minute 44/9/23 refers) and that Councillor Twelves be appointed as the Overview and Scrutiny Lead for Finance, Corporate and Place Based Services.

(Note:  In accordance with Standing Order A15.8, Councillor Cowell altered the original motion with the consent of Councillor Maddison as seconder.)

Members considered a motion in relation to appointment of Chairmen/women of Committees, notice of which was given in accordance with Standing Order A13.

It was proposed by Councillor Steve Darling and seconded by Councillor Cowell.

1.         that the decision of the Council to appoint the following Chairmen/women and Vice-Chairmen/women be rescinded (Minute 12(5)/5/23 refers):

Councillor Jackie Thomas – Chairwoman of Planning Committee

Councillor Strang – Chairman of Harbour Committee

Councillor Barbara Lewis – Chairwoman of Licensing Committee

Councillor Douglas-Dunbar – Vice-Chairwoman of Licensing Committee

Councillor Brook – Chairman of Audit Committee

Councillor Penny – Vice-Chairman of Audit Committee

Councillor Joyce – Chairman of Standards Committee

Councillor Cowell – Vice-Chairman of Overview and Scrutiny Board;  and

2.         that the following be appointed as Chairmen/women and Vice-Chairmen/women:

Councillor Maddison – Chairwoman of Planning Committee

Councillor Amil – Chairwoman of Harbour Committee

Councillor Johns – Chairwoman of Licensing Committee

Councillor Barbara Lewis – Vice-Chairwoman of Licensing Committee

Councillor Penney – Chairman of Audit Committee

Councillor Brook – Vice-Chairman of Audit Committee

Councillor Twelves – Vice-Chairwoman of Overview and Scrutiny Board

Councillor Barbara Lewis – Chairwoman of Standards Committee

During the debate Councillor Billings proposed and Councillor Tyerman seconded an amendment to the motion as follows:

1.          that the decision of the Council to appoint Councillor Jackie Thomas as Chairwoman of the Planning Committee be confirmed;

1. 2.      that the decision of the Council to appoint the following Chairmen/women and Vice-Chairmen/women be rescinded (Minute 12(5)/5/23 refers):

Councillor Jackie Thomas – Chairwoman of Planning Committee

Councillor Strang – Chairman of Harbour Committee

Councillor Barbara Lewis – Chairwoman of Licensing Committee

Councillor Douglas-Dunbar – Vice-Chairwoman of Licensing Committee

Councillor Brook – Chairman of Audit Committee

Councillor Penny – Vice-Chairman of Audit Committee

Councillor Joyce – Chairman of Standards Committee

Councillor Cowell – Vice-Chairman of Overview and Scrutiny Board;  and

2. 3.    that the following be appointed as Chairmen/women and Vice-Chairmen/women:

Councillor Maddison – Chairwoman of Planning Committee

Councillor Amil – Chairwoman of Harbour Committee

Councillor Johns – Chairwoman of Licensing Committee

Councillor Barbara Lewis – Vice-Chairwoman of Licensing Committee

Councillor Penney – Chairman of Audit Committee

Councillor Brook – Vice-Chairman of Audit Committee

Councillor Twelves – Vice-Chairwoman of Overview and Scrutiny Board

Councillor Barbara Lewis – Chairwoman of Standards Committee

The amendment was put to the vote and declared lost.

During the debate Councillor Chris Lewis proposed and Councillor Tyerman seconded an amendment to the motion as follows:

1.          that the decision of the Council to appoint Councillor Strang as Chairman of the Harbour Committee be confirmed;

1. 2.      that the decision of the Council to appoint the following Chairmen/women and Vice-Chairmen/women be rescinded (Minute 12(5)/5/23 refers):

Councillor Jackie Thomas – Chairwoman of Planning Committee

Councillor Strang – Chairman of Harbour Committee

Councillor Barbara Lewis – Chairwoman of Licensing Committee

Councillor Douglas-Dunbar – Vice-Chairwoman of Licensing Committee

Councillor Brook – Chairman of Audit Committee

Councillor Penny – Vice-Chairman of Audit Committee

Councillor Joyce – Chairman of Standards Committee

Councillor Cowell – Vice-Chairman of Overview and Scrutiny  ...  view the full minutes text for item 64.

Members considered a motion in relation to the appointment to Devon and Somerset Fire and Rescue Authority, notice of which was given in accordance with Standing Order A13.

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

that the decision of the Council to appoint Councillor Tolchard to the Devon and Somerset Fire and Rescue Authority be rescinded (Minute 12(8)/5/23 refers) and Councillor Carter be appointed to the Devon and Somerset Fire and Rescue Authority.

(Note:  In accordance with Standing Order A15.8, Councillor Maddison altered the original motion with the consent Councillor Steve Darling as seconder.)

Members considered a motion in relation to the commencement time of the Planning Committee, notice of which was given in accordance with Standing Order A13.

Councillor Pentney proposed and Councillor Cowell seconded a motion as set out below:

that the decision of the Council for Planning Committee meetings to commence at 2.00 pm be rescinded (Minute 13(1)/5/23 refers) and the Planning Committee meetings to commence at 5.30 pm.

During the debate Councillor David Thomas proposed an amendment as follows:

that the decision of the Council for Planning Committee meetings to commence at 2.00 pm be rescinded (Minute 13(1)/5/23 refers) and the Planning Committee meetings to commence at 5.30 pm 4.00 pm.

At this juncture and in accordance with Standing Order A11.1, the Worshipful the Mayor of Torbay advised the meeting had exceeded four hours in duration and invited members to put a motion to the Council whether to continue the meeting or adjourn. 

Councillor David Thomas proposed and Councillor Chris Lewis a motion as set out below:

that the meeting be adjourned.

The motion was put the vote and declared lost.

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

that the meeting continue.

Councillor Chris Lewis then seconded the amendment proposed by Councillor David Thomas. 

The amendment was put to the vote and declared lost.

At this juncture, a procedural motion (in accordance with Standing Order A14.1(x)) to move to the vote was proposed by Councillor Steve Darling and seconded by Councillor Pentney, put to the vote and was declared carried.  Accordingly, Councillor Pentney’s and Councillor Cowell’s original motion was then put to the vote and was agreed by the Council, as set out below:

that the decision of the Council for Planning Committee meetings to commence at 2.00 pm be rescinded (Minute 13(1)/5/23 refers) and the Planning Committee meetings to commence at 5.30 pm.

(Note:  Councillors Tyerman and Twelves left the meeting after the vote to continue the meeting.)

To appoint the following Scrutiny Leads:

Ø  Adults, Community Services, Public Health and Inequalities;  and to confirm their appointment as Chairman/woman of the Adult Social Care and Health Overview and Scrutiny Sub-Board; and

Ø  Place Development, Economic Growth and Culture.

The Worshipful the Mayor of Torbay announced that this item had already been determined under Minute 63 and was therefore withdrawn.

To appoint the Chairman/woman of the Standards Committee for the remainder of the Municipal Year.

The Worshipful the Mayor of Torbay announced that this item had already been determined under Minute 64 and was therefore withdrawn.

To consider the recommendations of the Cabinet and a report on the Community and Corporate Plan 2023-2043.

The Council considered the Cabinet’s recommendation and the submitted report setting out the draft Community and Corporate Plan 2023-2043, which set out the vision of a healthy, happy and prosperous Torbay.  It was noted the Plan set out the priorities of the Council for the next twenty years and the approach the Council would take in delivering against the vision.

Councillor David Thomas proposed and Councillor Brook seconded a motion as set out below:

that the Council be recommended to approve the Community and Corporate Plan 2023-2043 subject to the following amendment, the sentence ‘we will build strong working relationships with our community police’ under the community and people theme, be moved to the bottom of the summary section of the community and people theme.

The motion was put the vote and declared lost.

To respond to the submitted questions asked under Standing Order A12.

Members received a paper detailing questions, notice of which had been given in accordance with Standing Order A12. The paper also contained the answers to the questions which had been prepared by Councillors Brook, Bye, Billings, Fellows, Fox, Chris Lewis, Maddison, David Thomas, Jackie Thomas, Tolchard, Tranter and Tyerman, and was circulated prior to the meeting.

Supplementary questions were put and answered by Councillors Billings, Bye, Chris Lewis, arising from their responses to the questions in respect of questions 3, 5, 6, 16, 19, 27, 28, 34, 35 and 37. 

In respect of the supplementary question arising from question 17 and in Councillor Tyerman’s absence, Councillor David Thomas advised a written response would be provided.

Councillor Billings advised he would provide written responses in respect of the supplementary questions arising from questions 20 and 36.