The Worshipful The Mayor of Torbay welcomed the Civic Mayor’s Cadets to the meeting.  The meeting was then opened with a prayer.

Apologies for absence were received from Councillors Atiya-Alla, Joyce and Nicolau.

The Chief Executive advised that Councillor Law had indicated she would be leaving the meeting early.

To confirm as a correct record the minutes of the meeting of the Council held on 1 February 2024.

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 1 February 2024 were confirmed as a correct record and signed by The Worshipful The Mayor of Torbay.

At the invitation of The Worshipful The Mayor of Torbay, the Monitoring Officer reminded Members of the dispensation granted in respect of Members’ interests in relation to the setting of the budget and Council Tax and matters relating to Council controlled companies where Members were appointed as unpaid directors by the Council.  It was noted that dispensation permitted Members to discuss and vote on the budget in respect of these matters without the need to declare an interest.

No interests were declared.

To receive any communications or announcements from the Civic Mayor, the Leader of the Council, the Overview and Scrutiny Co-ordinator or the Chief Executive.

The Leader of the Council:

a)    referred to the announcement that Torquay United Football Club (TUFC) had filed for administration.  He advised that TUFC was an important part of the community and provided assurance that the Council would engage with interested parties to support the Club.  The Leader of the Council also confirmed the Council would continue to hold the freehold for the football ground;  and

b)    advised the decision of the Council to consult on devolution was now in progress with consultation running from 12 February to 24 March 2024.  The Leader of the Council referred to the consultation sessions, advised a website had been established (www.devontorbaydeal.org.uk) and encouraged people to get involved and learn more about the proposals.

The Overview and Scrutiny Co-ordinator also made reference to the news that TUFC had gone into administration and advised that Members of the Overview and Scrutiny Board would be reviewing how they could assist.

In accordance with Standing Order A2.2 in relation to Council meetings, the Worshipful The Mayor of Torbay varied the order of business to enable agenda Item 7 (Members’ questions) to be considered at end of the meeting.

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.

In accordance with Standing Order A24, the Council heard from Mr Jackson who had submitted a statement and question in relation to the global heating theory and the Council’s estimation of the level of sea and river rises in the future so that the Council could prepare.  The Cabinet Member for Place Development and Economic Growth (Councillor Chris Lewis) responded to the statement and question that had been put forward, plus a supplementary question asked by Mr Jackson.

To consider the attached motion, notice of which has been given in accordance with Standing Order A13 by the members indicated.

Members considered a motion in relation to formalising the appointment of Civic Mayor’s Cadets in the Council’s Constitution, notice of which was given in accordance with Standing Order A13.

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 Monitoring Officer, in consultation with the Civic Mayor and Group Leaders, be authorised to update the Local Protocol for Civic and Ceremonial to include the appointment of Civic Cadets.

To consider the recommendations of the Cabinet and a report that seeks approval for the inclusion of the scheme into the Council’s Capital Programme and to uplift the budget.

The Council considered the recommendation of the Cabinet and the submitted report to include in the Capital Programme the development at St Kilda’s for 23 new age-restricted flats for social housing and associated borrowing.

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

that the Council be recommended to:

1.    approve the inclusion of the full St Kilda’s scheme (including the addition of demolition of the former Care Home and the construction of 23 new age-restricted flats for social housing) in Torbay Council’s Capital Programme;

2.    increase the capital programme for the St Kilda’s scheme to a total sum of £5,683,164 to include costs already incurred and the costs of demolition and construction as set out in Exempt Appendix 1 to the submitted report;   and

3.    approve up to £2,667,058 of prudential borrowing funded from rent receipts, net of the costs of maintenance and management of the completed scheme.

To consider the recommendations of the Cabinet and a report on the budget proposals for 2024/2025.

Members considered the recommendations of the Cabinet in relation to the Revenue Budget 2024/2025, Fees and Charges for 2024/25, Capital Strategy 2024/2025, Capital Investment Plan 2024/2025 and Treasury Management Strategy (as set out in the submitted report and supporting documents).  A revised Fees and Charges for 2024/25 was published on 21 February 2024. 

In accordance with legislation, The Worshipful The Mayor of Torbay advised that recorded votes would be taken on all the budget items on this agenda.

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

1.  that for 2024/25 net revenue expenditure of £139.2m resulting in a Council Tax requirement of £88.4m for 2024/25 (a 4.75% increase in Council Tax, of which 2% is for Adult Social Care) be approved, subject to:

a.  the allocation of £250,000 for one off funding to Children’s Services, to create a reserve to manage transition, and deliver changes required to implement Stable Homes Built on Love, to be funded from the Comprehensive Spending Reserve;  and

b.  the set up of an Enterprise Development Reserve of £100,000 to be funded through a ‘one off’ contribution from the Council’s Collection Fund Reserve.  Drawdown against the new Reserve will be subject to compliance with specific criteria with responsibility for setting this criteria delegated to the Director of Pride in Place in consultation with the Cabinet Member for Place Development and Economic Growth and Group Leaders;

2.  that the revised Fees and Charges for 2024/25 (as circulated on 21 February 2024 at Appendix 18), Capital Strategy 2024/25, Capital Investment Plan 2024/25 and Treasury Management Strategy (including the Prudential Indicators 2024/25; and Annual Minimum Revenue Provision Policy Statement for 2024/25) be approved;

3.  that, in accordance with the requirement of the Local Government Act 2003, the advice given by the Chief Finance Officer with respect to the robustness of the budget estimates and the adequacy of the Council’s reserves (as set out in the report) be noted;  and

4.  that it be noted that the Brixham Town Council precept for 2024/25 of £473,471 will be included as part of the Torbay Council budget for Council Tax setting purposes.

The Worshipful The Mayor of Torbay advised that two notice of motions to amend the Cabinet’s revenue budget proposals had been received, in accordance with Standing Order A13.4.

During the debate as Councillor David Thomas had incorporated the two notice of motions to amend the revenue budget proposals in his motion, in accordance with Standing Order A16.9:  Councillor Law withdrew her motion with the consent of Councillor Cowell as seconder;  and Councillor Maddison withdrew her motion with the consent of Councillor Cowell as seconder.

Councillor David Thomas’ and Councillor Tyerman’s original motion was then considered and agreed by the Council (by recorded vote) as set out below:

1.      that for 2024/25 net revenue expenditure of £139.2m resulting in a Council Tax requirement of £88.4m for 2024/25 (a 4.75% increase in Council Tax, of which 2% is for Adult Social Care) be  ...  view the full minutes text for item 92.

To consider a report on the setting of the Council Tax for 2024/2025.

The Council received the submitted report in relation to the setting of Council Tax for 2024/2025.

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

1.    that it be noted that on the 7 December 2023, Council approved the following Council Tax Bases for 2024/25:

a)  for the whole Council area as 47,374.08, [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 6,251.14 to which a Parish precept relates;

2.    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 5 below;

3.    that the Council Tax requirement for the Council’s own purposes for 2024/25 (excluding Brixham Town Council) of £88,052,948 be approved;

4.    that the following amounts be calculated for the year 2024/25 in accordance with Chapter Three of the Act:

a)  £369,328,784 being the estimated 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) £280,802,435 being the estimated aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act;

c)  £88,526,349 being the amount by which the aggregate at 4. a) above exceeds the aggregate at 4. 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) £1,868.66 being the amount at 4. c) above (Item R), all divided by Item T (1. 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)  £473,401 being the aggregate amount of all special items (Brixham Town Council) referred to in Section 34(1) of the Act;

f)   £1,858.67 being the amount at 4 d) above less the result given by dividing the amount at 4 e) above by Item T (1 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;

5.    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 2024/25 for each part of its area and for each of the categories of dwellings.

To consider the recommendation of the Cabinet and a report which provides a high-level budget summary of the Council’s revenue and capital position for the financial year 2023/24.

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 3 (up to 31 December 2023) of the 2023/24 financial year and the Cabinet’s recommendations.  It was noted the revenue budget was predicting an overspend of £0.8 million, a reduction of £500,000 on the forecast made at quarter 2.

The submitted report included recommendations to revise the Council’s Capital Programme.

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

that Council approves the revised Capital Investment Plan (as detailed in Appendix 2 of the submitted report).

To consider the report of the Independent Renumeration Panel on the Members’ Allowances Scheme.

The Council received the report of the Independent Renumeration Panel’s review of the Council’s Members Allowances Scheme (as set out the in the submitted report) and a cross party motion.

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

1.      that the Torbay Independent Remuneration Panel be thanked for their report on the review of the Council’s Members’ Allowance Scheme;

2.      that the Panel’s recommendation in respect of the Basic Allowance (namely to adopt the NJC allowances increase of 3.88%) be not accepted, but the principle to increase by the same percentage as the average of staff pay (as previously adopted) continue to be applied to the Basic Allowance, and the increase to be calculated annually by the Director of Finance;

3.      that the Panel’s recommendation for a differential in multiplier dependent upon the number of Cabinet members be not accepted and a flat multiplier rate of 1.3 as recommended by the Panel for a Cabinet of up to 6 members be applied for Cabinet members’ Special Responsibility Allowances regardless of the size of the Cabinet;

4.      that the Special Responsibility Allowances (“SRA”) be linked to the multipliers as recommended by the Panel and set out below:

(a)     that the SRA for the Leader of the Council be set at 2.5 x Basic;

(b)    that the SRA for the Deputy Leader be set at 1.5 x Basic:

(c)     that the SRA for the Overview and Scrutiny Co-ordinator be set at 0.8 x Basic;

(d)    that the SRA for the two Scrutiny Leads who Chair the Adult Social Care and Health Overview and Scrutiny Sub-Board and the Children and Young People’s Overview and Scrutiny Sub-Board be set at 0.6 x Basic;

(e)     that the SRA for the two Scrutiny Leads who Chair ad hoc Task and Finish Groups be set at 0.4 x Basic and it be noted that the Panel have requested that should the number of Scrutiny Leads exceed four, the Panel wish to re-visit the level of SRA allowance in that respect;

(f)      that the SRA for the Chair of Planning Committee be set at 0.8 x Basic;

(g)    that the SRA for all other Committee Chairs be set at 0.4 x Basic;

(h)    that if any members of the Licensing Committee, other than the Chairman, are required to Chair Licensing Sub- Committees the SRA for those members be as follows:

                                         10+ meetings           0.13 x Basic; and

                                         5 – 9 meetings         0.07 x Basic;

(i)      that the SRA for the Civic Mayor be 0.4 x Basic;

5.      that the Panel’s recommendation for the SRA for the Leaders of Political Groups £392 per member of the group (excluding the Leader of the Political Group) be not accepted and in order to bring this SRA in line with the same approach i.e. applying a multiplier to the rest of the SRAs, that the SRA for the Leaders of Political Groups be set at 0.04 x Basic  ...  view the full minutes text for item 95.

To consider the recommendations of the Cabinet and a report that seeks approval of the draft Community and Corporate Plan.

The Council considered the draft Community and Corporate Plan (as set out in the submitted report) which had been prepared by the Cabinet in consultation with the Group Leaders.  The Plan included the vision of a healthy, happy and prosperous Torbay and set out the priorities of the Council for the next twenty years, together with the approach for delivering against the vision.

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

that the Council be recommended to approve the Community and Corporate Plan 2023- 2043.

To consider the recommendations of the Cabinet and a report on the Annual Pay Policy Statement and Review of Pensions Discretions.

The Council considered the Cabinet’s recommendations on the Council’s Annual Pay Policy Statement, as required under Section 38(1) of the Localism Act 2011 (as set out in the submitted report).  It was noted that the Pay Policy Statement drew together the Council’s overarching policies on pay and conditions which would be published on the Council’s website.  The report also set out the annual review of pensions discretions as required by the Local Government Pension Scheme Regulations.

Councillor Jacqueline Thomas proposed and Councillor Strang seconded a motion, which was agreed by the Council as set out below:

            that Council be recommended:

1.         the Torbay Council Annual Pay Policy Statement 2024/25 as set out in Appendix 1 to these minutes be approved for publication;

2.         the Employers Pensions Discretions set out in Appendix 2 to the submitted report be approved for publication.

To consider a report that seeks to amend the contract procedure rules as set out in the Constitution.

The Council considered proposed amendments to Contract Procedures to bring them in line with the new Procurement Act 2023 which was due to come into effect in 2024/2025 financial year.  Members notes the amendments also put in measures to enable external contracts to be procured in a more timely and efficient manner.

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

that the new Contracts Procedures (as set out at Appendix 1) to replace the current Contracts Standing Orders be approved.

To consider a report that sets out a number of changes to the Council’s Constitution in respect of operational arrangements for the Planning Committee and to reflect the current status of the Neighbourhood Forums.

The Council considered proposed changes to the Constitution in respect of operational arrangements for the Planning Committee and to reflect the current status of the Neighbourhood Forums, as set out in the submitted report.

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

that Council approves the following revised Constitution documents, as set out in Appendices 1 and 2 to this report:

Appendix 1 - Standing Orders – Council Meetings; and

Appendix 2 - Local Protocol Consultation Arrangements with Town/Parish Councils and Neighbourhood Forums.

To consider a report that sets out changes to the Council’s Constitution in respect of the procedure for Notice of Motions that fall within the remit of the Cabinet.

The Council considered the submitted report on changes to the Constitution in respect of the procedure for Notice of Motions that fall within the remit of the Cabinet and to reflect current practice.

Councillor Jacqueline Thomas proposed and Councillor Steve Darling seconded a motion, which was agreed (unanimously) by the Council as set out below:

that Council approves the following revised Constitution documents, as set out in Appendices 1 and 2 to the submitted report:

Appendix 1 - Standing Orders – Council Meetings

Appendix 2 – Standing Orders – Cabinet Meetings

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 Billings, Chris Lewis, Tranter, Tyerman and was circulated prior to the meeting.

The Worshipful The Mayor of Torbay advised that Councillors Mandy Darling, Harvey and Johns had withdrawn their questions for 6, 10, 11 and 13 prior to the meeting.

Supplementary questions were put and answered by Councillors Billings, Chris Lewis, Tranter, Tyerman, arising from their responses to the questions in respect of questions 1, 2, 3, 5, 7, 8, 9 and 12.  Question 2 was presented by Councillor Long in the absence of Councillor Harvey.