Approximately 2000 signatures.  In accordance with Standing Orders the petition will be considered at this meeting.

In accordance with Standing Order A12, the Council received a petition requesting a covenant with the residents of Churston and Galmpton to not allow development of Churston Golf Course without first obtaining the agreement of the majority of the residents of the ward at a referendum (approximately 2,000 signatures).

At the invitation of the Chairwoman, Mr Billings addressed the Council.

The Chairwoman 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 and advised that an officer report had also been circulated.

It was proposed by Councillor Pritchard and seconded by Councillor Mills:

that the Council enter into a deed covenanting with the residents of Churston and Galmpton ward in the following terms:

            ‘Torbay Council covenants with all inhabitants of the ward of Churston and Galmpton that for a period of 100 years beginning on the date of this deed it will not on the land shown edged in red on the plan attached to the submitted report, known to be Churston Golf Course, allow any development of Churston Golf Course without any such proposal first obtaining the majority of votes in a referendum of the persons who at the day of the referendum would be entitled to vote as electors at an election of Councillors for the Churston and Galmpton Ward and are registered as local government electors at an address within this Ward.  For the purposes of this covenant ‘development’ shall not include any development permitted under the terms of the lease between The Council of the Borough of Torbay and Churston Golf Club Limited dated 3 April 2003.  Nothing contained or implied in this Deed shall prejudice or affect the exercise by the Council of its regulatory functions under the Town and Country Planning Act 1990 or any other statute or statutory instrument.’

            The Covenant would be appropriately registered with the Land Registry.

An amendment was prosposed by Councillor Cowell and seconded by Councillor Morey:

that the decision be deferred to allow further investigation by the Place Policy Development Group.

In accordance with Standing Order A19.4, a recorded vote was taken on the amendment.  The voting was taken by roll call as follows:  For:  Councillors Addis, Baldrey, Barnby, Bent, Brooksbank, Cowell, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), Hill, James, Lewis, McPhail, Morey, Parrott, Pentney, Pountney, Stocks, Stockman, Stringer, Thomas (D), Thomas (J) and Tyerman (25);  Against:  The Mayor, Councillors Amil, Excell, Hytche, Mills and Pritchard (6);  Absent:  Councillors Butt, Darling, Hernandez, Kingscote, Richards and Scouler (6).  Therefore, the amendment was declared carried.

The substantive motion was then before Members for consideration. 

In accordance with Standing Order A19.4, a recorded vote was taken on the substantive motion.  The voting was taken by roll call as follows:  For:  Councillors Addis, Baldrey, Barnby, Bent, Brooksbank, Cowell, Davies, Doggett, Ellery, Faulkner (A), Faulkner (J), Hill, James, Lewis, Morey, Parrott, Pentney, Pountney, Stocks, Stockman, Stringer, Thomas (D), Thomas (J) and Tyerman (24);  Against:  The Mayor, Councillors Amil, Excell, Hytche, Mills and Pritchard (6);  Abstain:  Councillor McPhail (1);  Absent:  Councillors Butt, Darling, Hernandez, Kingscote, Richards and Scouler (6).  Therefore, the substantive motion was declared carried.

The Mayor considered the recommendation of the Council as set out above at the meeting and the record of his decision, together with further information, is attached to these Minutes.