The meeting was opened with a prayer.

Apologies for absence were received from Councillors Carter, King, Morris and Winfield.

Councillor Stocks arrived late to the meeting and during consideration of Minute

92.

To confirm as a correct record the minutes of the meeting of the Council held on 20 September 2018.

The Minutes of the meeting of the Council held on 20 September 2018 were confirmed as a correct record and signed by the Chairman.

Councillor Tyerman declared a non-pecuniary interest in respect of Minutes 96 and 100 as he was a Trustee of Torbay Coast and Countryside Trust.

(Note:  Councillor Stocks joined the meeting during consideration of this item.)

To receive any communications or announcements from the Chairman, the Elected 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 Chairman:

a)         announced that Torbay had been successful in achieving Gold in the Champions of Champions category in the South West in Bloom awards 2018 and thanked all those involved in achieving this accolade;  and

b)         thanked all those involved with dealing with the fire at Scoffs in Paignton on Thursday 11 October 2018, including Council employees, the emergency services, local organisations and volunteers.  The Chairman advised that the Council was continuing to support the residents who were evacuated including utilising the Council’s Hardship Fund.

Councillor Thomas (D) provided a report to the Council as the Council’s representative on the Heart of the South West Joint Committee as attached to these Minutes.

In accordance with Standing Order A7.2 in relation to Council meetings, the order of business was varied to enable item 9 on the agenda (Compulsory Purchase of Land at Little Blagdon Farm, Collaton St Mary and Land at Preston Down Road, Paignton) to be considered after item 6 (Public Question Time).

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 Chairman advised that he had allowed a late submission for public question time.  Therefore, in accordance with Standing Order A24, the Council heard from Mrs Rugg, Trustee of Torbay Coast and Countryside Trust, who had submitted a statement in relation to the Compulsory Purchase of Land at Little Blagdon Farm, Collaton St Mary and Land at Preston Down Road, Paignton.  Elected Mayor Oliver responded to the statement advising that the matter was to be considered at this meeting.

To consider the submitted report on the above.

The Council considered the submitted report on a proposal to acquire the leasehold interest in the land that was leased to Torbay Coast and Countryside Trust (TCCT) at Little Blagdon Farm, Collaton St Mary, and Preston Down Road, Paignton, under, if necessary, a compulsory purchase order (CPO).  It was noted that the Council had been awarded £3,076,000 of Land Release Fund by the Government to secure the release of the land at both sites to enable residential development.  An exempt officer briefing was circulated prior to the meeting.

Elected Mayor proposed and Councillor Mills seconded a motion, as set out below:

(i)         that delegated authority be given to the Chief Executive to continue negotiations with TCCT to acquire by agreement the land identified red (Appendices 1 and 2 of the submitted report) at Preston Down Road and Collaton St Mary, with consultation with the Elected Mayor, Group Leaders and Section 151 Officer on any Heads of Terms;

(ii)        that Council approve, if necessary, to progress and ultimately acquire the land identified red (Appendices 1 and 2 of the submitted report) at Preston Down Road and Collaton St Mary by making a Compulsory Purchase Order, under Section 226(1)(a) of the Town & Country Planning Act 1990 and the Acquisition of Land Act 1981 in respect of all or part of the land edged red on the Order Plans attached at Appendices 1 and 2 and any additional land which is considered to be required in order to bring forward the Enabling Works and the residential development, to ensure the early release of this land by March 2020;

(iii)      that in furtherance of (ii), Council authorise the Chief Executive to take all necessary steps to secure the making, confirmation and implementation of a Compulsory Purchase Order(s), including the publication and service of all notices, requisitions for information, statement of reasons and the preparation and presentation of the Council's case, including at any public inquiry, to secure confirmation of the Compulsory Purchase Order(s) by the Secretary of State;

(iv)      that in furtherance of (ii) above, the Chief Executive be given delegated authority to enter into agreement with any person to secure the withdrawal of objections to the Compulsory Purchase Order(s) and/or to negotiate and agree terms for the acquisition by agreement of any land, interests or rights as may be required for the Scheme;

(v)       that the Chief Executive be given authority to pay all necessary compensation either as agreed or as determined by the Lands Chamber of the Upper Tribunal in relation to the acquisition of land and other interests or for the overriding or acquisition of rights in consultation with the Councils S151 Officer; and

(vi)       that Council delegate to the Chief Finance Officer the approval of the expenditure of monies (including by prudential borrowing if necessary) required to cover the acquisition of Preston Down Road and Collaton St Mary, either by agreement or by CPO, on the basis that there is a clear business case which  ...  view the full minutes text for item 96.

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 Elected Mayor Oliver and Councillors Excell, Mills, Parrott and Stocks and was circulated prior to the meeting.  The Chairman advised that Elected Mayor Oliver had requested Councillor Stocks to respond to question 11.

Supplementary questions were put and answered by Elected Mayor Oliver and Councillors Excell, Mills and Stocks, arising from their responses to the questions in respect of questions 3, 4, 6, 9 and 11.

(Note:  Councillor Darling (S) asked supplementary questions in the absence of Councillor Carter.)

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 an objection to the current Corporate Asset Management Plan, notice of which was given in accordance with Standing Order A14.  In accordance with Standing Order A14.3(b), the motion was dealt with by this meeting.

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

That the Council notes the aspirations within the emerging Torquay Neighbourhood Plan set out below in relation to Nightingale Park:

“Community Aspiration Services and Facilities.  The former tip area adjacent to Browns Bridge Road named as Nightingale Park should continue to be protected for sports and leisure as identified in Torbay’s Playing Pitch Strategy and the adopted Torbay Local Plan.  Detailed plans should be developed in accordance with the consultation report published in June 2016 “Nightingale Park Establishing Community Preferences”.  It is proposed that a ‘sports and leisure masterplan’ should be developed to properly plan and maximise the area’s potential for sport, leisure which could include woodland walkways and a circuitous route around the park.  Wild meadowland could also be included.  New development within the area covered by the Gateway Masterplan must be supported by adequate community facilities which should include a new primary school and community health facilities.”

Therefore the Council formally objects to the current Corporate Asset Management Plan on the basis that Nightingale Park is not specifically referenced as land which should be prioritised for community and shared use.

In accordance with the Constitution at F4.9, the Council therefore requires the Mayor to consider this objection by 16 November 2018:

a)         submit a revision of the Corporate Asset Management Plan with the reasons for any amendments to the Council for its consideration;  or

b)         inform the Council of any disagreement that the Executive has with any of the Council’s objections and the Executive’s reasons for any such disagreement.

Councillor Thomas (D) proposed and Councillor Tyerman seconded an amendment to the motion as set out below:

This Council believes in whole place and positive place shaping.  Therefore, rather than object to the current policy framework on a single element as set out in the Notice of Motion, this issue be addressed in a strategic manner and be informed in part by the emerging Torquay Neighbourhood Plan, which is due to be presented to the forthcoming Extraordinary Council meeting on 15 November 2018.

As a result of any decisions taken by Council in November 2018, there may be a number of matters which need addressing in the Corporate Asset Management Plan and it would be wise to deal with these together in an holistic manner and not in isolation.

Therefore, this Council requests the Elected Mayor and the Assistant Director of Business Services to review the Corporate Asset Management Plan after the emerging Neighbourhood Plans for Torquay, Paignton and Brixham have been determined to ensure it aligns with the direction of travel of the Council and any required changes to the Plan are presented to the Council at an appropriate time.

A recorded  ...  view the full minutes text for item 98.

To consider the submitted report on a call-in of the Elected Mayor’s decision in respect of Paignton Townscape referred to Council from the Overview and Scrutiny Board.

The Council considered the submitted report on a call-in of the Elected Mayor’s decision in respect of Paignton Townscape which had been referred to Council for consideration by the Overview and Scrutiny Board, at its meeting held on 26 September 2018.  It was noted the Elected Mayor and Deputy Mayor were unable to attend the Overview and Scrutiny Board, and, therefore, the Board had referred the call-in to Council to enable the reasons for the call-in to be presented to the Council and for the Elected Mayor to be able to hear the concerns raised and respond to them.

Councillor Lewis proposed and Councillor Darling (S) seconded a motion, which was agreed by the Council as set out below:

That the Elected Mayor be requested to reconsider his previous decision in respect of Paignton Townscape in light of the following:

(a)       the detrimental effect on the town and continued blight on the town centre of Crossways in delaying regeneration in Paignton town centre;

(b)       the importance of improving the street scene for Paignton town centre to encourage further private investment;

(c)       the fairness of the decision when money has been spent on other wards in Torbay; and

(d)       the potential damage to the economy.

At the invitation of the Chairman, the Elected Mayor confirmed his original decision without modification and his Record of Decision is attached to these Minutes.

To consider the submitted report on the above.

Members considered the submitted report on a proposal to fund an additional classroom at Roselands Primary School from the 2019-2020 Basic Need Funding allocation and Children’s Services Capital Programme in order to provide a short term solution to meet the Council’s statutory obligation of providing sufficient primary school places in Paignton.

Elected Mayor Oliver proposed and Councillor Stocks seconded a motion, which was agreed (unanimously) by the Council as set out below:

(i)        that the Director of Children’s Services be given delegated authority to allocate up to £599,720 from the 2019-20 Basic Need Allocation and Children Services Capital Programme to support the provision of an additional classroom at Roselands Primary School; and

(ii)       that the transfer of the land edged red shown at Appendix 1 to the submitted report, by way of a 25 year lease at nil cost to Roselands School under the Local Government Act 1972: General Disposal Consent 2003, be approved.

(Note:  Prior to consideration of Minute 100, Councillor Tyerman declared his non-pecuniary interest as a Trustee of Torbay Countryside Trust.)

To consider the submitted report on a review of political balance following the creation of the Torbay Community Independents Group and other changes to political groups.

The Council considered a report on a review of political balance on committees and working parties following the creation of the Torbay Community Independents Group and Councillor King becoming an independent member.

Elected Mayor Oliver proposed and Councillor Stocks seconded a motion, which was agreed (unanimously) by the Council as set out below:

(i)         that the overall political balance of the committees as set out at Appendix 1 to the submitted report be approved; and

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

To note the submitted report on a mid-year review of the Council’s Treasury Management Strategy.

Members noted the submitted report in respect of the Council’s Treasury Management activities during the first part of 2018/19.

To note the submitted report on the above.

The Council received and noted the submitted report in respect of changes made by the Elected Mayor to his Executive.

To consider any recommendations from the Investment and Regeneration Committee on investment opportunities.

The Chairman advised that there were no recommendations from the Investment and Regeneration Committee and therefore this item was withdrawn from the agenda.