Apologies for absence were received from Councillors Butt and Stocks.  Councillor Hytche joined the meeting during consideration Minute 152b and Councillor Faulkner (A) joined the meeting during consideration of Minute 152c.

Apologies for absence were received from Councillors Barnby, Butt, Stocks and Thomas (D) for the adjourned meeting.

The following personal interests were declared:

Councillors Richards and Thomas (D) declared a personal and prejudicial interest in respect of Minute 160.

In accordance with Standing Order 7.2 in relation to Council meetings, the order of business was varied to enable item 14 on the agenda (Review of Guidance on Principal Holiday Accommodation Areas) to be considered after Item 6 (Public Question Time Session) and Item 7 (Members Questions) to be considered at the end of the agenda.

In accordance with Standing Order A24, the Council received questions and statements from Carolyn Custerson, John Simmonds, Nigel Cobbold and Pat Butcher in relation to the Review of Guidance on Principal Holiday Accommodation Areas.  Carolyn Custerson and Nigel Cobbold attended the meeting to present their statements.  The Deputy Mayor responded to the questions and statements that had been put forward.

The submitted report set out details of a review of the operation of the Revised Guidance on Principal Holiday Accommodation Areas, following its adoption by the Council on 24 March 2010.  It was noted that concerns had been expressed that the Revised Guidance may go too far in designating ‘green’ areas where the change of use of holiday accommodation was deemed acceptable.  The review aimed to ensure that planning policies on the protection of holiday accommodation were appropriate and balanced a flexible approach to loss of accommodation to make sure that Torbay had a sustainable base of high quality accommodation.

It was proposed by Councillor Thomas (D) and seconded by Councillor McPhail:

(i)            that the “Revised Guidance on the Interpretation of Policy TU6 (Principal Holiday Accommodation Areas)” (March 2010) be withdrawn pending review as part of the emerging Local Development Framework (LDF) Core Strategy, such review to be undertaken as soon as possible;  and

(ii)          that pending the evolution of revised policy as part of the LDF Core Strategy, that the Council relies on Policy TU6 of the Saved Adopted Torbay Local Plan for the determination of applications in PHAAs.

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:  The Mayor, Councillors Amil, Barnby, Brooksbank, Excell, Hill, Kingscote, McPhail, Pritchard, Richards, Scouler, Thomas (D), Thomas (J) and Tyerman (14);  Against:  Councillors Baldrey, Bent, Cowell, Darling, Davies, Doggett, Ellery, Faulkner (J), Hernandez, James, Lewis, Morey, Parrott, Pentney, Pountney and Stockman (16);  Abstain:  Councillors Addis, Mills and Stringer (3)  and Absent:  Councillors Butt, Faulkner (A), Hytche and Stocks (4).  Therefore, the motion was declared lost.

Members considered a motion in relation to Palm Court Hotel, Torquay, notice of which was given in accordance with Standing Order A14.  Following notice of the motion, which was set out on the agenda, an updated version was tabled at the meeting.

It was proposed by Councillor Darling and seconded by Councillor Baldrey:

this Council notes that the Palm Court Hotel site is an eyesore and, should the current purchase offer be withdrawn, agrees to request officers to proceed with negotiations to purchase the site with a view to developing it jointly with our LABVI partner. The development will be essentially leisure business orientated, and the Council understands that officer costs incurred in the process will be recouped from the development thus not adversely affecting Torbay taxpayers.

In accordance with Standing Order A14.3(b), the Chairman advised that the motion stood referred to the Mayor.  The Mayor informed the Council that he would defer his decision on the motion to allow the matter to be examined further.

The Council noted the activities of the Torbay Children’s Services Adoption Agency for the period 1 April 2010 to 31 March 2011 as set out in the submitted report.

The Council made the following recommendations to the Mayor, which he considered at the meeting.  The Mayor’s Record of Decisions, which also includes further information on each decision, are attached to these minutes.

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

that the Mayor be recommended to agree that the Statement of Purpose set out in Appendix 1 to the submitted Report covers the required information and accurately reflects the services provided.

On being put to the vote, the motion was declared carried (unanimous).

It was proposed by Councillor Lewis and seconded by Councillor Brooksbank:

(i)            that the Mayor be recommended on behalf of the Council to cease to maintain Chestnut Primary school from 31 August 2011;  and

(ii)          that the Mayor be recommended to authorise the Executive Head for Children, Schools and Families to proceed with closing Chestnut Primary School with effect from 31 August 2011.

An amendment was proposed by Councillor Ellery and seconded by Councillor Morey:

(iii)         that the Mayor be recommended to retain the land for educational and community uses where possible.

On being put to the vote, the amendment was declared carried.

The substantive motion (the original motion with the addition of the amendment) was then before Members for consideration.

On being put to the vote, the substantive motion was declared carried.

It was proposed by Councillor Lewis and seconded by Councillor Addis:

that the Mayor be recommended to approve the Reducing Teenage Conceptions Strategy Refreshed December 2010 set out at Appendix 1 to the submitted report. 

On being put to the vote, the motion was declared carried.

It was proposed by Councillor Thomas (D) and seconded by Councillor Cowell:

that the Mayor be recommended to authorise the Executive Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency, to grant leases for up to 40 years to sports clubs on acceptable terms with each case being considered on its merits.

On being put to the vote, the motion was declared carried (unanimous).

It was proposed by Councillor Excell and seconded by Councillor Morey:

(i)            that the Mayor be recommended to authorise the Street Scene and Place Group Services Manager to incur investigative and design costs of up to £100,000, from the Council’s reserves to:

a)         assess the full extent of the repairs needed to the eastern section of Princess Parade and the ‘banjo’;

b)         outline some repair solutions which maximise the Council’s investment;  and

c)         to better assess the likely risks, cost and timescales involved in carrying out such works prior to procurement

(ii)          that concurrent with the above, the Mayor be recommended to authorise the Torbay Development Agency to invite proposals from the private sector to help fund the repair or replacement of the existing structures.  This invitation will exclude development between the Pavilion and Theatre but might include enabling development adjacent to Palk Street and on the site the MDL Car Park.  Such proposals are not to delay the implementation of any repairs; and

(iii)         that a further report be presented to a future Council meeting on final instructions to proceed.

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:  The Mayor, Councillors Addis, Amil, Barnby, Bent, Brooksbank, Cowell, Davies, Ellery, Excell, Hernandez, Hill, Hytche, James, Kingscote, Lewis, McPhail, Morey, Parrott, Pritchard, Richards, Scouler, Stockman, Thomas (D), Thomas (J) and Tyerman (26);  Abstain:  Councillors Baldrey, Darling, Doggett, Faulkner (A), Faulkner (J), Mills, Pentney, Pountney and Stringer (9) and Absent:  Councillors Butt and Stocks (2).  Therefore, the motion was declared carried.

The Council considered the submitted report on the outturn position in respect of capital expenditure and income for 2010/2011.  The report also set out the Prudential Indicators for 2010/2011.  The Overview and Scrutiny Board had reviewed the report on 29 June 2011 and made no recommendations.

It was proposed by Councillor Tyerman and seconded by Councillor Hill:

(i)         that the Council notes the outturn position for the Council’s Capital expenditure and income for 2010/11 and notes the action taken by the Chief Finance Officer, under the Officer Scheme of Delegation, to carry forward the unspent budgets for expenditure or work in progress (together with their funding) from 2010/11 to 2011/12;

(ii)        that the Council approves the funding of the capital plan for 2010/11 as outlined in paragraph C1.1 of the submitted report; and

(iii)       that the Council approves the Prudential Indicators for 2010/11 as shown in Annex 1 to the submitted report.

On being put to the vote, the motion was declared carried.

Members considered the submitted report on the performance of the Treasury Management Function in 2010/11 as recommended by the Audit Committee.

It was proposed by Councillor Tyerman and seconded by Councillor Hill:

that the submitted report be noted and the Treasury Management decisions made during 2010/11 as detailed in the submitted report be endorsed.

On being put to the vote, the motion was declared carried (unanimous).

The Council considered the submitted report which set out a proposal to install Solar Photovoltaic on a maximum of 45 Torbay Council owned and school buildings.

It was proposed by Councillor Baldrey and seconded by Councillor Excell:

(i)         that a revision to the 2011/12 Capital Plan by inclusion of the Solar Photovoltaic on Public Buildings Project to a maximum sum of £1.8m funded from prudential borrowing, be approved. The principle and interest repayment to be financed from revenue income generated from the project over 25 years;

(ii)        that the Mayor be recommended to approve an additional one-off use of reserves for revenue budget allocation of £165k in 2011/12 for the Solar Photovoltaic on Public Buildings Project programme development costs (professional fees etc) in order to bring the project to the procurement stage;

(iii)       that the Commissioner of Place and Environment, in consultation with the Deputy Mayor and Executive lead for Strategic Planning, Housing and Energy be given delegated authority to approve the final business plan; and

(iv)       that surplus revenue be re-invested in projects identified through the implementation of the Climate Change Strategy for Torbay 2008-2013 and Carbon Management Plan, to be agreed through the Councils Annual Budget process.

On being put to the vote the motion was declared carried (unanimous).

The Mayor considered the recommendation of the Council in (ii) above at the meeting and the record of his decision is attached to these minutes.

(Note:  Prior to consideration of Minute 157, Councillor Parrott declared a personal interest as a Governor of Ellacombe Primary School.)

The Council considered the submitted report in respect of match funding for the South Devon Link Road.  Revised Scheme Costs were circulated at the meeting.

It was proposed by the Mayor and seconded by Councillor Darling:

(i)         that the Executive Head of Finance, as Section 151 Officer, be authorised to commit Torbay Council to approximately £11.5 million of additional match funding required to deliver the South Devon Link Road scheme if the bid is successful.  (Information in relation to the potential spending programme is set out at Appendix 1 to the submitted report);

(ii)        that the additional £11.5 million be provided from prudential borrowing;

(iii)       that the potential sources of funding available to the Council to repay and service the interest on that borrowing, particularly in relation to New Homes Bonus (NHB) and Community Infrastructure Levy (CIL) be noted;

(iv)       that the risks associated with this borrowing and the potential impact on the delivery of other infrastructure and services be noted; and

(v)        that the Council authorises signature of a formal Agreement with Devon County Council committing to a 50/50 Cost Share arrangement for preparation of the bid and delivery of the scheme if the bid is successful.

On being put to the vote, the motion was declared carried.

(Note:  Prior to consideration of Minute 158, Councillor Doggett declared his personal interest.)

The Council considered the submitted report on the draft Health and Safety Enforcement Service Plan for 2011/12.

It was proposed by Councillor Excell and seconded by Councillor Hernandez:

that the Health and Safety Service Plan attached in Appendix 1 to the submitted report be approved.

On being put to the vote, the motion was declared carried (unanimous).

Members considered the draft Food Safety Service Plan for 2011/12 as set out in the submitted report.

It was proposed by Councillor Excell and seconded by Councillor Hernandez:

that the Food Safety Service Plan set out in Appendix 1 to the submitted report be approved.

On being put to the vote, the motion was declared carried (unanimous).

(Note:  Prior to consideration of Minute 160, Councillor Richards declared a personal prejudicial interest and withdrew from the meeting.)

The Council considered the options for the overall political balance of the committees following the by-election in the Cockington with Chelston ward held on 23 June 2011, as set out in the submitted report.

It was proposed by Councillor McPhail and seconded by Councillor Addis:

that option 2 as set out in the submitted report – change to the Overview and Scrutiny Board be approved.

On being put to the vote, the motion was declared carried (unanimous).

The Council considered a proposed amendment to the Constitution relating to the order of business within Standing Orders in relation to Council Meetings which could not be agreed by the Mayor and Group Leaders.

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

that the Monitoring Officer be requested to amend the Constitution (as set out at Appendix 1 to the submitted report) so that standing order A7.1(ix) ‘to answer any question under Standing Order A13’ is moved to the end of the order of business at every ordinary and extraordinary meeting of the Council.

On being put to the vote, the motion was declared lost.