Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors: K I Busch, Mrs J B Binks, Mrs C P Daw and F W Letch.

To approve as a correct record the Minutes of the Meeting of Council on 30 August 2017.

The Council is reminded that only those Members present at the previous meeting should vote and, in doing so, should be influenced only by seeking to ensure that the minutes are an accurate record.

The minutes of the meeting held on 30 August 2017 were agreed as a true record and signed by the Chairman.

To receive any announcements which the Chairman of the Council may wish to make.

The Chairman:

·         outlined the civic events he had attended as Chairman of the Council since the last meeting.

·         outlined the Parish Councils he had visited

·         welcomed Councillor Anthony Bush to the Council following the by-election at Westexe, Tiverton.

To receive any questions relating to items on the agenda from members of the public and replies thereto.

There were no questions from members of the public present.

To receive any petitions from members of the public.

There were no petitions from members of the public.

(1)          Motion 540 (Councillor Mrs J Roach – 12 October 2017)

The Council has before it a MOTION submitted for the first time:

This Council agrees to give serious consideration to seeking alternative methods of managing the Tiverton Pannier Market, to include a community interest company and a co-operative. Following these considerations Council will be given detailed information about the advantages and disadvantages of the options that were discussed.   Council should then be able to decide whether to change their policy and pursue a different management model.

In accordance with Procedure Rule 14.4, the Chairman of the Council has decided that this Motion (if moved and seconded) will be referred without discussion to the Economy Policy Development Group.

(1)           Motion 540 (Councillor Mrs J Roach – 12 October 2017)

The Council had before it a MOTION submitted for the first time:

This Council agrees to give serious consideration to seeking alternative methods of managing the Tiverton Pannier Market, to include a community interest company and a co-operative. Following these considerations Council will be given detailed information about the advantages and disadvantages of the options that were discussed.   Council should then be able to decide whether to change their policy and pursue a different management model.

The MOTION was MOVED by Councillor Mrs J Roach and seconded by Councillor Mrs N Woollatt.

In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that this MOTION STAND REFERRED to the Economy Policy Development Group for consideration.

To receive and consider reports, minutes and recommendations of the recent meetings as follows:

(1)   Cabinet

-        31 August 2017

-        28 September 2017 – it is proposed that consideration be given to the recommendation within Minute 65 as part of agenda item 14.

2)    Scrutiny Committee

-            11 September 2017

-            9 October 2017

(3)  Audit Committee

-      19 September 2017     

(4)  Environment Policy Development Group

-            5 September 2017

(5)  Homes Policy Development Group

-            12 September 2017

(6)   Economy Policy Development Group

-             7 September 2017

(7)  Community Policy Development Group

-            26 September 2017

(8)  Planning Committee

-            6 September 2017

-            4 October 2017

(9)  Standards Committee

-            18 October 2017 (to follow)

The Leader presented the report of the meeting of the Cabinet held on 31 August 2017.

The Leader MOVED seconded by Councillor P H D Hare-Scott:

THAT the recommendation of the Cabinet as set out in Minute 43 be ADOPTED

Upon a vote being taken, the MOTION was declared to have been CARRIED.

The Leader presented the report of the meeting of the Cabinet held on 28 September 2017.

Consideration of the recommendation within Minute 65 would be taken later in the meeting under agenda item 14.

The Council had before it a question * submitted by Councillor Mrs J Roach in accordance with Procedure Rule 13.2 together with a response from the Cabinet Member for Working Environment and Support Services.

Note: *Question previously circulated, copy attached to minutes.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 11 September 2017.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 9 October 2017.

The Council had before it a question * submitted by Councillor F W Letch in accordance with Procedure Rule 13.2 together with a response from the Cabinet Member for Housing.

Note: *Question previously circulated, copy attached to minutes.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 19 September 2017.

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 5 September 2017.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Group held on 12 September 2017.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 7 September 2017.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 26 September 2017.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 6 September 2017.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 4 October 2017.

The Vice Chairman of the Standards Committee presented the report of the meeting of the Committee held on 18 October 2017.

Following the by-election at the Westexe Ward in Tiverton, the Council are required to consider an updated allocation; any amendment to seats to be filled by ungrouped Members shall be made at this meeting.

Following the by-election at Westexe Tiverton, the Council had before it * tables setting out the proposed allocation of seats on Committees and other Council bodies.

The Chairman MOVED THAT:

The tables be APPROVED with regard to the allocation of seats on Committees and other bodies.

Upon a vote being taken, the allocation and the following amended table were APPROVED including the appointment of Councillor D J Knowles to the Environment Policy Development Group, the Licensing Committee and the Regulatory Committee; Councillor Mrs N Woollatt to the Environment Policy Development Group and the Planning Policy Advisory Group and Councillor R J Dolley to the Planning Committee.

To seek nominations and appoint a Member of the Council to the Councillor Advocate Scheme. This position will act as a link between the Council, Office of the Police and Crime Commissioner (OPCC) and the local police team.

The Council had been requested to appoint a Member to the Councillor Advocate System which would act as a link between the Council, the Officer of the Police and Crime Commissioner and the local Police team.

Nominations were sought for this post.

The Leader MOVED, seconded by Councillor Mrs M E Squires that Councillor P J Heal represent the Council on this body.

Upon a vote being taken, the MOTION was declared to have been CARRIED.

Decisions taken under Rule 16 (of the Constitution) Special Urgency – July to September 2017.

There have been no such decisions in this period.

With regard to any decisions taken under Rule 16 (of the Constitution) Special Urgency – July to September 2017.

The Chairman informed the meeting that no such decisions had been taken in this period

Cabinet Members will answer questions from members on their portfolios.

Councillor J M Downes on behalf of Councillor F W Letch asked the Cabinet Member for Housing whether the breakdown of costs for the maintenance of the Town Square were available as he had not received the information previously requested.

The Cabinet Member stated that he had provided the information, but would look at providing it again.

Councillor J M Downes addressing the Cabinet Member for Planning and Economic Regeneration stated that Crediton was being subjected to aggressive speculative planning applications because of the delay in the Local Plan which we may have to agree.  When J27 was added to the plan the Council had been assured that it would not hold the Local Plan up, this was now not the case.  It now looked like we hadn’t done enough ground work to make sure that the Plan was sound, now we were being targeted for not doing what we should have done.  The Council should have already done the work to make sure that the Plan was sound and we would now have the Plan in place and have sufficient land supply.  We were now dealing with applications on allocated sites using the current Local Plan,   some of the allocations were at a higher density than the new Plan.  Why had we failed to do the necessary work which had now delayed the plan?

The Chief Executive responded stating that this had been debated at the Scrutiny Committee, Members were aware that normally the Local Plan would not be barrister led and that the plan had been to take it though ourselves but there were some points that required clarification and therefore legal advice had been sought, the advice from the barrister was that additional work was required so that the authority could be certain that the plan was sound. There was little point in seeking legal advice and then ignoring it.

The Cabinet Member explained that it was a decision of the Council to go ahead with the J27 allocation, the Inspector had asked for additional information and whilst this was frustrating, especially with regard to the delay in the 5 year land supply. The timing of the inspection was still unknown and in the hands of the inspector.  The consultants had been instructed to review the evidence; there may be a need for further evidence which may require a consultation period.

Further discussion took place regarding:

·         the use and cost of consultants;

·         what the proposed allocation at J27 was;

·         the cost of keeping J27 in the Local Plan and whether to cut our losses and proceed without it;

·         A previous change of heart with regard to the J27 allocation

·         Economic benefits of keeping the allocation in the Local Plan

Councillor Way addressing the Cabinet Member for Finance asked that Member Briefings on the budget be arranged in advance and the dates notified and that one of the events take place in Crediton?

The Cabinet Member stated that he would look into the matter.

Councillor Dolley addressing the  ...  view the full minutes text for item 76.

To receive any statements made and notice of future questions by Members.

Note: the time allow for this item is limited to 15 minutes.

Councillor Mrs N Woollatt reminded the meeting of the previous visit of the WASPI ladies and the Motion which had been approved with regard to ladies born in the 1950’s who had had their pension age moved a fair transitional stage.  A new petition had now been formed and leaflets regarding this were available to all who were interested or effected.

During discussion of the following item(s) it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Cabinet will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. 

To consider passing the following resolution so that financial information may be discussed.

Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)

Prior to considering the following items on the agenda, discussion took place as to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 15 15.02(d) (a presumption in favour of openness) of the Constitution. The Council decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

The Chairman MOVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)

Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

Note: Councillors: Mrs E M Andrews, R M Deed, J M Downes, D J Knowles, Mrs J Roach, T W Snow, L Taylor, N A Way and R Wright requested that their vote against the decision be recorded.

To consider the recommendation of the Cabinet from its meeting on 28 September 2017 regarding a proposed property transaction.

Following consideration of the report of the meeting of the Cabinet held on 28 September 2017 earlier in the meeting, further consideration was given to Minute 65. 

The Council had before it a * report of the Director of Finance, Assets and Resources providing information regarding the possible purchase of a property in Tiverton.

The Council had before it a question ** submitted by Councillor Mrs J Roach in accordance with Procedure Rule 13.2 together with a response from the Cabinet Member for Housing.

The Chairman MOVED that Procedure Rule 16 (Rules of Debate) be suspended for this item to allow for a full debate to take place.

Councillor R L Stanley MOVED seconded by Councillor R Evans THAT the recommendation of the Cabinet as set out in Minute 65 be ADOPTED.

Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.

Notes:

(i)           Councillor Mrs S Griggs declared a personal interest as she worked for Seddons Estate Agents, but informed the meeting that she did not work in the commercial department.

(ii)          Councillor Mrs J Roach requested that her vote against the decision be recorded;

(iii)         Councillors Mrs S Griggs and Mrs N Woollatt requested that their abstention from voting be recorded;

(iv)         **Question previously circulated , copy attached to minutes;

(v)          *Report previous circulated.