At its meetings held on 16 and 22 October 2014, the Overview and Scrutiny Board considered the Notice of Call-in of the decision of the Mayor (taken at the Council meeting on 25 September 2014) on a proposed covenant protecting Churston Golf Course from development.  The Board resolved that the decision of the Mayor be referred to Council for consideration. 

The Council considered the submitted report on the findings of the Overview and Scrutiny Board regarding the Mayor’s decision on the proposed covenant and the report of the Senior Service Manager, Spatial Planning which set out further advice following the Local Plan Hearing.

It was proposed by Councillor Thomas (J) and seconded by Councillor Darling:

that the Mayor be requested to reconsider his previous decision on the covenant protecting Churston Golf Course from development, and take no further action on the petition in light of the findings of the Overview and Scrutiny Board in respect of the following:

(a)       legal implications of the decision;

(b)       financial implications of the decision;

(c)        implications for the Local Plan;

(d)        fairness of the decision on other wards in Torbay; and

(e)       potential damage to the economy.

In accordance with Standing Order A19.4, a recorded vote was taken on the motion.  The voting was taken by roll call as follows:  For:  Councillors Addis, Amil, Baldrey, Barnby, Bent, Brooksbank, Butt, Cowell, Darling, Davies, Doggett, Ellery, Excell, Hernandez, Hill, James, Kingscote, Lewis, Morey, Parrott, Pentney, Pountney, Scouler, Stocks, Stockman, Stringer, Thomas (D), Thomas (J) and Tyerman (29);  Against:  Councillors Hytche and Mills (2);  Abstain:  the Mayor (as decision-maker) and Councillor McPhail (2);  Absent:  Councillors Faulkner (A), Faulkner (J) and Pritchard (3);  Therefore the motion was declared carried.

At the invitation of the Chairwoman, the Mayor responded to the recommendation of the Council at the meeting and the record of his decision is attached to these minutes.

The Board considered the details of a call-in by nine Members of the Council of the decision by the Mayor to enter into a deed covenanting with the residents of Churston and Galmpton ward that, amongst other things, the Council will not allow any development of Churston Golf Club without any such proposal first obtaining the majority of votes in a referendum of the registered electors of that ward.

The Call-in Promoter (Councillor Morey) set out the reasons for calling-in the decision and the Call-in Supporters also addressed the Board about their concerns regarding the decision.

Members of the public addressed the Board and gave their views both against entering into a covenant and those in favour.

The Executive Director, the Director of Place, the Executive Head for Business and Commercial Services, the Senior Service Manager - Strategic Planning and Implementation and the Executive Lead for Strategic Planning answered the questions which the Call-in Promoter and Supporters had raised within their call-in request.  Board members went on to ask a number of supplementary questions arising from the answers given and the points raised by members of the public.

At this juncture, the Chairman of the Board indicated that he was minded to adjourn the meeting until a date to be confirmed as he felt that further information was required.  Members of the Board were in agreement with this view and therefore the meeting adjourned to a future date.

(Note:  Prior to consideration of the item in Minute 22, Councillor Tyerman declared a non-pecuniary interest as a Trustee of the Torbay Coast and Countryside Trust.)