To consider a report and responses to key lines of enquiry regarding an investigation into Removal of the Palm Trees at the Italian Gardens, Torquay following a Councillor Call for Action approved by the Overview and Scrutiny Board on 11 January 2024.

The Board reviewed the submitted report and responses to key lines of enquiry on the review of the investigation into the removal of the palm trees at the Italian Gardens in Torquay, following a Councillor Call for Action.  The Devon Audit Partnership had collated all the emails relating to the palm trees and Italian Gardens which were then reviewed by the Director of Pride in Place, who had been requested to investigate the issue by the Chief Executive.  The purpose of the review was to consider the circumstances that led to the actions to remove the palm trees and determine, if and how the actions were approved by the Council and to make recommendations on how controls could be improved.

The report acknowledged that there had been a corporate failure of proper control by officers between 2019 and 2023 which resulted in the trees being removed without further consultation and engagement and budget approval on the specific scheme by the Council.  The report highlighted the actions that had subsequently been taken including clear project processes and audit trail for any works that are proposed outside the commissioned services, engagement with the relevant Cabinet Member on the annual work programme as well as a fundamental review of the Governance and Commissioning arrangements for SWISCo which was the next item on the agenda for the Board to consider in detail.

The Board asked a number of follow up questions relating to the lack of detail contained within the report and responses to key lines of enquiry, including evidence of the emails reviewed and more detail of the actions taken; was any evidence gathered on the communications with the MP; what assurances could be made that this would not happen again; was there a detailed plan showing the layout, planting and costings; the appropriateness of the Director of Pride in Place undertaking the investigation; use of experts in designing flower displays; why there were less exempt (known as Part 2) reports being considered, and how did the Council function as a client.

The Chair of the Torquay Town Centre Partnership advised that the Community Partnership, Chair of the Greenspace Forum and Chair of the Parks Group were not consulted or engaged with in 2019 when the proposals were originally being planned.  Limited consultation was provided at a later date.  Ms Brandon sought reassurance regarding the experts consulted on the planting schemes and suggested the merit of ensuring that the people in the community who were consulted with included those who would share information to wider representatives to help spread the message further.

Members noted that the email evidence ran to over 200 pages and contained personal data of members of the public which could not be shared publicly. 

The Board received further assurance from the Director of Pride in Place, Managing Director of SWISCo and the SWISCo Client Officer of the structural and process changes that had been implemented and the enhanced Client relationship from the Council’s side.

The Board determined that the measures put in place and the implementation of the recommendations arising from the Governance and Commissioning Review of SWISCo would help alleviate some of their concerns and put in place mechanisms to reduce the likelihood of the removal of trees without proper communication and governance happening again.

The Board wished its thanks to be passed on to the hard working staff of SWISCo on the ground who work in the parks and gardens and help make Torbay an attractive place live and visit.

Resolved (unanimously):

That the Director of Corporate Services be requested:

1.         to consider best practice and implement a mechanism to ensure that Overview and Scrutiny receives adequate responses to requested information in a timely manner to assist them in preparing follow up questions for the meetings; and

2.         to review the use of exempt information in Committee reports to ensure that Councillors are able to receive more information particularly, around financial information to enable them to make informed decisions based on all relevant information available.