SOUTH HAMS COUNCIL - THURSDAY, 2ND OCTOBER, 2014

Agenda, Reports and Minutes for the meeting

Agenda No Item

1. Agenda Letter (Pages 1 - 4)

2. Reports

Reports to Council:

a) Item 10 - Executive Director Appointments (Pages 5 - 10)

b) Item 11 - Torridge and the Future Operating Model (Pages 11 - 24)

c) Item 12 - Business Rates Pooling (Pages 25 - 32)

d) Item 13 - Polling Districts / Polling Places Review (Pages 33 - 54)

e) Item 14 - The Openness of Local Government Bodies Regulations 2014 (Pages 55 - 58)

f) Item 15 - Development Management Committee Composition (Pages 59 - 62)

g) Item 16 - Scrutiny Annual Report (Pages 63 - 78)

3. Minutes (Pages 79 - 96)

Please reply to: Darryl White Service: Corporate Services Direct Telephone: 01803 861247 E-Mail: [email protected]

To: Chairman & Members of District Council Our Ref: CS/DW cc: Usual press and officer circulation 24 September 2014

Dear Councillor

A meeting of the South Hams District Council will be held in the Council Chamber, Follaton House, Plymouth Road, , on Thursday, 2 October 2014 at 2.00 pm when your attendance is requested.

Yours sincerely

Alan Robinson Head of Paid Service

FOR ANY QUERIES ON THIS AGENDA, PLEASE CONTACT DARRYL WHITE DEMOCRATIC SERVICES MANAGER ON DIRECT LINE 01803 861247

A G E N D A

1. Minutes – to approve as a correct record and authorise the Chairman to sign the minutes of the annual meeting of the Council held on 8 May 2014 (pages 1 to 24) and the special meeting of the Council held on 19 June 2014 (pages 25 to 31);

2. Urgent Business – the Chairman to announce if any item not on the agenda should be considered on the basis that he considers it as a matter of urgency (any such item to be dealt with under item 7 below);

3. Confidential Business – the Chairman to inform the meeting of any confidential item of business;

4. Exempt Information – to consider whether the consideration of any item of business would be likely to disclose exempt information and if so the category of such exempt information;

5. Declarations of Interest – Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting;

6. Chairman’s Engagements; 7. Business Brought Forward by the Chairman – to consider business (if any) brought forward by the Chairman as reported under item 2 above;

8. Questions – to consider the following questions received in accordance with Council Procedure Rule 8.

1. From Cllr Baldry to Cllr Wright, lead Executive Member for Environmental Health and Housing

Sovereign Housing Association is a Registered Provider with houses across the district. For example they are a big provider in with about 60 homes which are a mixture of rented social housing and shared ownership. Sovereign has announced at relatively short notice that they are pulling out of on 31 December. Would the Executive Member please make a statement about what is going to happen to both the rented and shared ownership properties including who is going to manage both types?

2. From Cllr Brazil to Cllr Gilbert, lead Executive Member for Environment Services

How many residential houses are registered for business rates in the South Hams and how many of those houses do we charge for rubbish collection?

3. From Cllr Brazil to Cllr Wright, lead Executive Member for Environmental Health and Housing

Of the £30 million net SHDC received from the transfer of our housing stock to Tor Homes, how much has been spent on housing projects and could you give a breakdown of those monies?

4. From Cllr Wright to Cllr Hicks, lead Executive Member for Planning, Economy and Community

Would the Executive Member for Planning, Economy and Community please comment on the article about ‘Our Plan’ in the Gazette newspaper of 19 September?

9. Notices of Motion – to consider the following motions received in accordance with Council Procedure Rule 10.1.

(a) By Cllrs Tucker and Hicks

“This Council calls on the Secretary of State for Transport and the Chancellor of the Exchequer to support the future economic resilience of the South West Peninsula by investing in improved strategic road and rail transport links.

Our area is frequently cut off from the rest of the country because strategic transport links are adversely affected by severe weather, accidents or maintenance works. Efficient transport is critical to ensure essential services function and the economy can grow. We ask the Government to invest in four key areas to help Devon’s economy:

 Improvements to the A303/A30/A358 to create a reliable second strategic road link from London to the South West Peninsula

 A resilient and reliable railway for the South West Peninsula

 Faster rail journey times and better connections

 Sufficient capacity and quality of our trains (both engines and carriages) to meet demand.”

(b) By Cllrs Brazil and Baldry

“Under new legislation local planning authorities are now responsible for setting the number of houses to be built in their area per annum. To date SHDC have not set this number. We propose that until we have publically debated this crucial issue, we cease all preparation of the development strategy known as ‘Our Plan’ so that members of the public can see how the level of house building in the South Hams has been calculated.”

10. Executive Director Appointments – to consider a report that recommends the appointment of the Executive Director – Service Delivery and Commercial Development (circulated separately);

11. Torridge and the Future Operating Model – to consider a report which presents an update on Torridge District Council and the Future Operating Model (circulated separately);

12. Business Rates Pooling – to consider a report that recommends that the Council withdraw from the membership of the Devon Business Rates Pool for the financial year 2015/16 (circulated separately);

13. Polling Districts / Polling Places Review – to consider a report that informs that the 2014 review has taken place and identifies that the current Polling District Polling Places Order needs to be revised to reflect the recommendations of the Local Government Boundary Commission for on the district ward boundaries (circulated separately);

14. The Openness of Local Government Bodies Regulations 2014 – to consider a report that informs the Council of the implications arising from the adoption of the Openness of Local Government Bodies Regulations 2014 (circulated separately);

15. Development Management Committee Composition – to consider a report that seeks to amend the composition of the Development Management Committee for the remainder of the 2014/15 Municipal Year (circulated separately);

16. Scrutiny Annual Report – to consider a report that advises of the workings of Overview and Scrutiny during the 2013/14 Municipal Year (circulated separately); 17. Reports of Bodies – to receive and as may be necessary approve the minutes and recommendations of the under-mentioned Bodies:-

Council Body Date of Meeting Minute Nos. Page Nos. a Development Management 11 June 2014 DM.06/14 – DM.10/14 32 - 36 Committee b Community Life & Housing 19 June 2014 CLH.01/14 – CLH.09/14 37 - 42 Scrutiny Panel c Economy & Environment Scrutiny 26 June 2014 EE.01/14 – EE.10/14 43 - 48 Panel d Corporate Performance & 3 July 2014 CPR.01/14 – CPR.11/14 49 - 55 Resources Scrutiny Panel e Development Management 9 July 2014 DM.11/14 – DM.16/14 56 - 63 Committee f Harbour Board 14 July 2014 SH.13/14 – SH.20/14 64 - 67 g Executive * 24 July 2014 E.08/14 – E.17/14 68 - 75 h Audit Committee * 31 July 2014 A.10/14 – A.13/14 76 - 78 i Development Management 6 August 2014 DM.17/14 – DM.22/14 79 - 84 Committee j Development Management 3 September 2014 DM.23/14 – DM.28/14 85 - 90 Committee k Economy & Environment Scrutiny 4 September 2014 EE.11/14 – EE.20/14 91 - 95 Panel l Executive * 11 September 2014 E.18/14 – E.28/14 96 - 102 m Community Life and Housing 11 September 2014 CLH.10/14 – CLH.17/14 103 - 106 Scrutiny Panel n Audit Committee * 18 September 2014 A.14/14 – A.21/14 107 - 111

* Indicates minutes containing recommendations to Council.

Members of the public may wish to note that the Council's meeting rooms are accessible by wheelchairs and have a loop induction hearing system.

MEMBERS ARE REQUESTED TO SIGN THE ATTENDANCE REGISTER THIS AGENDA HAS BEEN PRINTED ON ENVIRONMENTALLY FRIENDLY PAPER

If you or someone you know would like this publication in a different format, such as large print or a language other than English, please call Darryl White on 01803 861247 or by email at: [email protected] Exempt information – Paragraph 1: Information relating to any individual and Paragraph 2: information which is likely to reveal the identity of an individual – applies to Appendix A.

AGENDA AGENDA ITEM ITEM 10 SOUTH HAMS DISTRICT COUNCIL 10

NAME OF COMMITTEE Council

DATE 2 October 201 4

REPORT TITLE APPOINTMENT OF EXECUTIVE DIRECTOR

REPORT OF Leader on behalf of the Member Selection Panel WARDS AFFECTED All

Summary of report: To consider a report that recommends the appointment of the Executive Director - Service Delivery & Commercial Development.

Financial implications: Members previously agreed a salary range of £88,000 to £96,000 for the Director posts and the recommended salary for the successful candidate is contained in Appendix A.

RECOMMENDATION:

That Council RESOLVES to agree the appointment of the recommended successful candidate for the position of Executive Director - Service Delivery & Commercial Development as detailed in Appendix A.

Contact: Cllr John Tucker, Leader of South Hams District Council Telephone 01803 861234 Email [email protected]

1. BACKGROUND

1.1 During Autumn 2013 both Councils agreed to adopt the new T18 operating model in order to deliver services in a more efficient way. On 19 th June Members resolved that an Executive Director model be operated with one Director responsible for Strategy and Commissioning and one for Service Delivery and Commercial Development, with the former also being the Head of Paid Service.

1.2 At its meeting on 19 th June the Council also agreed that the appointment of the two Directors should be recommended by a Member Panel of six, three from South Hams and three from West Devon. As such a panel comprising Cllrs Tucker, Hicks, Ward, Sanders, Ridgers, and Sampson was established.

1.3 Six candidates were shortlisted and all Members from both Councils had the opportunity to meet with them on Thursday 11 th September as part of a rigorous selection process.

1.4 The process consisted of a range of assessments, a presentation and a formal interview. The Member Panel was supported by a Chief Executive from an authority outside of the south west area and an independent HR advisor.

1.4 On Friday 12 September the Selection Panel formally interviewed all six candidates and the recommendation for appointment is attached at Appendix A.

1.5 The panel is currently unable to recommend an appointment to the post of Executive Director - Strategy & Commissioning & Head of Paid Service. An offer was initially made to one of the candidates but for personal reasons the individual has declined.

1.6 The panel will now reconvene to discuss options and consider the way forward.

2 FINANCIAL IMPLICATIONS

2.1 Members previously agreed a salary range of £88,000 to £96,000 for the Director posts and the recommended salary for the successful candidate is contained in Appendix A.

3 LEGAL IMPLICATIONS

3.1 The reason the report is before Council is that the Constitution requires that Council appoints the Director.

3.2 There is sensitive information relating to an individual in this report, there are grounds for Appendix A of the report’s publication to be restricted, and considered in Exempt session. Having applied the public interest test, it is felt that the public interest lies in non-disclosure due to the personal data contained in the Appendix. Accordingly Appendix A contains exempt information as defined in Paragraphs 1 and 2 of Schedule 12A to the Local Government Act 1972

4. RISK MANAGEMENT

4.1 The risk management implications are shown at the end of this report in the Strategic Risk Template:

5. OTHER CONSIDERATIONS

Corporate priorities All engaged: Considerations of equality None directly arising from this report and human rights: Biodiversity considerations: None directly arising from this report

Sustainability None directly arising from this report considerations: Crime and disorder None directly arising from this report implications: Background papers: Council Report and appendices 19 th June 2014 Appendices: Appendix A – Appointment of Executive Director

STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel

1 Delay in Deferral or refusal to Rigorous selection process with Lead Members agreeing the accept the recommended 4 3 12 ııı Member Panel and professional appointment of appointment may lead to support from IESE ensures that Executive delays in other elements suitable candidates are Directors of the T18 programme. recommended The recruitment process has resulted in an Increased costs will be modelled in Lead Members increase in severance future updates of the T18 business Head of Paid costs than was initially case Service anticipated

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AGENDA AGENDA ITEM SOUTH HAMS DISTRICT COUNCIL ITEM 11 11

NAME OF COMMITTEE COUNCIL

DATE 2 OCTOBER 2014

REPORT TITLE TORRIDGE AND THE FUTURE OPERATING MODEL

REPORT OF EXECUTIVE DIRECTOR (RESOURCES)

WARDS AFFECTED ALL

Summary of report: This report brings the Council up to date on informal discussions that have been ongoing between South Hams District Council (SHDC), West Devon Borough Council (WDBC) and Torridge District Council (TDC) Leaders since Autumn 2013. It proposes that officers should carry out detailed work to determine the opportunities, financial benefits and risks of the three Councils forming a partnership to deliver the future operating model in a shared services relationship.

Financial implications: Significant further detailed analysis needs to be undertaken. However at this stage the investment costs required by SHDC and WDBC are in the region of £335,000, generating annual recurring revenue savings for the two Councils of around £1.3 million. This is in addition to the current T18 Programme and its projected costs and savings.

RECOMMENDATIONS:

That the Council agrees to:

(i) Instruct officers to formally consider the option of working with Torridge District Council to implement a combined future operating model in order to bring a report back to Council in December for a final decision. In so doing officers will create a:

a. refined business case; b. detailed analysis of the benefits and risks; c. governance arrangements and d. timetable for implementation

Officer contact: Tracy Winser: [email protected] Tel 01803 861389

1. BACKGROUND

1.1 In October 2013 SHDC took the decision to adopt, in partnership with WDBC the T18 model comprising the commissioning/delivery model, transformed shared business process and ICT (APPENDIX A).

1.2 Since then officers have been working on the delivery of the new model and Phase 1a (Support Services) has now been implemented. The Programme is currently on time. Phase 1b, being the most significant part of the Programme, is due to go live in June 2015.

1.3 Our progress to date has attracted considerable interest from a number of Councils who are looking for new models of service delivery which will enhance the customer experience whilst reducing cost.

1.4 One of the earliest Councils wanting to learn more about the model is TDC who need to save £1.1 million by 2017. This is in addition to ongoing delivery of savings of £1.1 million which they will have delivered by March 2015.

1.5 This interest has led to a number of meetings being held between the Leaders with a meeting on the 9 September 2014 between the Executive Members of SHDC, the Chairs and Vice Chairs of WDBC and the Senior Leadership Group from TDC at which there was broad support for exploring a shared working relationship further.

1.6 Meanwhile TDC have been working with iESE Transformation Ltd and Ignite to develop a business case, one option being to create the model alone and the other in partnership with SHDC and WDBC. This option has been part of the blueprinting work carried out by the consultants for TDC and has been commissioned by them.

2. THE BUSINESS CASE

2.1 The indicative savings of £1.3 million generated to SHDC and WDBC by TDC joining the partnership are largely delivered from a reduction in salary costs. The high level work undertaken so far suggests a total FTE reduction in the region of 72. The greater proportion of this reduction in posts would be made from the TDC establishment. However a smaller proportion of this reduction could potentially be spread across SHDC and WDBC but at this stage it is difficult to determine likely figures.

2.2 Work to date has concentrated on the feasibility of the proposition and therefore until a decision in principle is made to pursue this further it has not been possible to consult with staff or unions, although both are aware that discussions have been taking place. This would be part of next steps.

2.3 More detailed analysis would need to be undertaken over the next two months in order to be able to give an indication of these proportions.

2.4 The division of costs between TDC and the current partnership of SHDC and WDBC has been calculated at this moment in time using the relative population figures. This approach, together with the principle of only sharing the additional costs incurred by Torridge as a result of the partnership and not the costs of implementing the future model alone has resulted in an estimated one off cost to be shared between SHDC and WDBC of £335,000.

2.5 This figure along with the savings estimates has been produced by the consultants. Engagement between the councils to date has largely been between Leaders and Senior Officers. Until a decision to progress further is made and the appropriate finance officers can work together to evaluate in more detail we need to treat these initial estimates with caution.

3. ISSUES FOR CONSIDERATION

3.1 A similar report to this one will be taken to WDBC on 7 October 2014 and to TDC on 13 October 2014. However it should be noted that the report to TDC is likely to suggest that the Council also consider a further option known as “Plan B” which Torridge officers have been working on at the same time as the future operating model work. This plan would involve a reduction in posts at TDC but would not involve them working with other Councils to achieve this and would not include the implementation of the future operating model.

3.2 The figures contained within this report are indicative at this stage.

3.3 Should the Council approve the recommendation above, officers will need to invest time to develop a detailed business case, a comprehensive analysis of the benefits and risks, a timetable for implementation and an appropriate rationale for the sharing of costs and benefits.

3.4 In addition a suitable governance structure and a collaboration agreement will need to be developed in order to ensure that each council is able to retain its own sovereignty whilst creating an effective working partnership.

3.5 As there is no current Council position on the way forward there has been no consultation with staff or unions. If all three Councils agree that a shared approach is appropriate then appropriate discussions will be initiated.

3.6 The importance of maintaining the timetable for delivery of the T18 savings is of paramount importance. This is likely to mean that if all three Councils agree to create a new partnership TDC will need to act quickly to roll in to our current plans for recruitment into the new model. Alternatively they could wait until SHDC and WDBC have implemented Phase 1b by June 2015. The latter option may not deliver the required savings for TDC by April 2017 and so further discussions need to take place to look at other possible options.

3.7 Clearly there are potentially other benefits to the three Council partnership over and above the financial savings and at the Member meeting held on 9 September 2014 the benefits in APPENDIX C were identified.

3.8 However there are also significant risks, not least the capacity to deliver a future operating model to include TDC, at a point of significant change in personnel at all three Councils. Detailed plans will need to be developed to ensure that there are sufficient appropriate resources in place and the issue of capacity will be an important consideration in relation to whether the proposal should proceed.

4 LEGAL IMPLICATIONS AND STATUTORY POWERS

4.1 This report sets out a proposal to examine in more detail the possibility of creating a shared partnership arrangement to pursue a new operating model. This will be a completely new way of working and requires approval of the Full Council.

5. FINANCIAL IMPLICATIONS

5.1 There are no direct financial consequences arising from this report and the work undertaken to date has been funded by Torridge District Council. However future agreement to a partnership to implement the future operating model with TDC will involve significant costs and significant savings. These will be quantified in the report to both Councils in December 2014.

5.2 At this stage the indicative costs to be shared between SHDC and WDBC are £335,000 with an annual recurring saving, again to be shared between the two Councils, of approximately £1.3 million. The sharing rationale of both these costs and savings will need to be agreed and an officer recommendation on this will form part of the future report.

6. RISK MANAGEMENT

6.1 A change of this size involves significant risk and whilst these have been captured at a high level at this stage if Members approve the recommendation within this report further detailed analysis will be required.

6.2 The risks identified at this stage and the proposed mitigating actions are set out in the strategic risk template attached to this report.

7. OTHER CONSIDERATIONS

Corporate priorities This report relates to the future delivery of the engaged: Council’s four corporate priorities during a period of increasing financial constraint. Considerations of equality This report updates Members on the opportunity for and human rights: developing improved access to a range of Council services and meeting a wide range of customer needs. Biodiversity considerations: None. Sustainability The emerging model is designed to ensure that both considerations: Councils are sustainable in the medium term. Greater agile working linked to better use of technology should reduce the Councils’ carbon footprints.

Crime and disorder None. implications: Background pap ers: 1. Report to Special Council 31 October 2013 – Transformation Programme 2018 Appendices attached: Appendix A – Operating Model Appendix B – Partnership Costs and Savings Appendix C – Benefits identified at three Council Member meeting 9 September 2014

STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel 1. Financial risk Funding availability for 5 2 10 • Executive Profile investment and the initial investment to ˜ availability of resources in the Directors implement the context of a business plan and Section Programme • Explore external funding 151 Officer opportunities 2. Financial risk Higher than anticipated 4 3 12 • Executive Proof of concept work has costs and/or lower than ˜ demonstrated high level business Directors anticipated savings case and Section arising from the • Detailed business case in place 151 Officer Programme. Key variable before committing to risk is the cost of staff implementation of the Programme redundancies. • Sensitivity analysis undertaken • Ongoing monitoring of costs and savings within the Programme • In recognition of uncertainty of some costs, introduce contingency sum into detailed business plan 3. Financial risk Unexpected events 3 3 9 • SMT Use of unearmarked reserves to leading to a delay in ˜ fund a delay in delivery of the delivery which could programme. Review the level of include delays in corporate priority of the Programme procurement or against any new cost pressure recruitment or external cost pressures which divert funding from the Programme.

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel 4. Management Organisational resilience- 4 4 16 • SMT Create a separate dedicated risk ability to sustain ˜ programme team with senior significant change sponsorship without business as against a backdrop of usual responsibilities. the current change • Create an effective communication programme and its strategy to engage staff and timetable members, public and unions 5. Management Management capacity to 4 3 12 • SMT Programme identified as the key risk deliver the Programme ˜ corporate priority • Commission external support as required to ensure the Programme is delivered in line with the timetable 6. Management Maintaining the shared 4 3 12 • SMT Effective communication strategy to risk vision for the Programme ˜ engage with Members, staff and during a period of other stakeholders embedded significant changes within the Programme 7. Management Managing organisational 4 2 8 • SMT Once decision taken to implement risk transition to the new ˜ the future model create sufficient operating model, in organisational capacity to achieve particular reduction in programme timeframes customer satisfaction and/or drop in service • Managing ongoing individual standards service performance 8. Management Establishing an effective 4 2 8 • SMT Establish appropriate member and risk and robust programme ˜ officer Programme governance management arrangements arrangement given the • Ensure key milestones and complexity of the task programme interdependencies identified • SMT collectively responsible for effective implementation of the Programme

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel 11. Political risk Ongoing political 4 2 8 • Executive Ongoing liaison with Members to commitment to ensure ˜ maintain shared vision Directors that the Future Operating • Ensure that the new model delivers Model is delivered and retains separate Council despite external change identities and the inevitable • Raise awareness of the scale of challenges that will organisational change and the emerge during a major impact on existing arrangements programme for both Members and staff • Managing interest from potential partners in terms of securing critical project timescales and taking account of organisational capacity 17. Staffing risk Potential Union/staff 4 2 8 • Ongoing engagement with key staff Executive response to elements of ˜ stakeholder groups and develop Directors the changes corporate understanding of those issues which are essential to successful implementation of the Programme and therefore must be subject to change • Communicate potential staff benefits within the model such as developing skills and achieving better work/life balance through agile working

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APPENDIX A

Future Operating Model

The future operating model shows the organisation being comprised of 4 essential parts: 1. The Strategic Core – shown at the bottom of the diagram . The Strategic Core contains those activities and resources that ensure South Hams and West Devon Councils remain unique strong public authorit ies able to commission activities and strategies that deliver their individual priorities.

2. The Customer First services – (on the left hand side of the diagram) . This will provide the primary point of contact for all customers . It will use technology and processes that will greatly increase our ability to resolve customer issues at the first point of contact, and where this i s not possible it will be responsible for the creation and management of the customers “case” on an ongoing basis. The customer will be able to access our services through multiple channels (e.g. Face to face in our premises; face to face in their premises /premises of their choice; telephone; internet/self service) which will greatly improve their service experience.

3. Delivery – (on the right hand side of the diagram ). This component relates to those services which are provided remotely and/or on a recu rring basis. Currently, these services are , between the two councils, provided through a mix of means such as outsourced arrangements, shared service partnerships and direct provision by the Council s. This mixed economy is expected to continue and it is ex pected that there will be opportunities in the future to implement solutions under another options such as A lternative Service Delivery Models .

4. Support services – also on the right hand side of the diagram. This relates to the services and processes which the Council needs to have in order to continue to function as a modern organisation. As with Delivery above, the y could be delivered in a variety of ways and could be particularly suited to sharing with a number of other public sector bodies.

In addition customer self-serve is depicted on the diagram to illustrate that the model seeks to maximise growing public willingness to use self service to access council services.

Partnership Cost/Benefit Attribution Note: Attributed cost share based on Blueprint Staff Attribution based SHDC & WDBC Attributed cost additional cost Costs on population Staff Cost share incurred by TDC Benefit from as a result of 3 Council TDC – 32% £335K partnership. TDC Partnership £3.8m (one –off) The population £2.5m has been used as the basis for this attribution. £1.313m Other bases Total could be used £12m SHDC such as Net SHDC & £978K Budget & WDBC Requirement WDBC £9.5m Gross Benefit equating to 33% – 68% TDC and 67% £8.2m SHDC & WDBC Net Benefit

APPENDIX C

Benefits identified at a meeting of Executive Members of SHDC, the Chairs and Vice Chairs of WDBC and the Senior Leadership Group from TDC on 9 September 2014

• Chance to build our model around customer need • Better service at less cost • More focus on customer • Exciting opportunities for staff – better life balance • Securing our future • Achieve strategic critical mass • Locality working – benefit to residents • Greater buying power • Cross border working opportunities • Better use of resources • Build on existing experience & shared expertise • Better services for residents • Savings- economies of scale • Added value – best practise • Better communications • Opportunities for staff development • Resilience/ sustainability • Better than salami slicing • Long term strategic alliance/ resilience for our part of Devon • Selling our approach • Stronger to deliver priorities in rural communities- e.g. alliance to make more bids • Equal “valued partnership in relationship • Greater capacity re specialisms • Increased income opportunities • Shared knowledge & expertise e.g. bidding for grants • Energise the Councils • “masters of our own destiny” • Strategic lobbying e.g. transport investment

NOT FOR PUBLICATION

Exempt information – Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information) – applies to Appendix A. AGENDA AGENDA ITEM ITEM 12 SOUTH HAMS DISTRICT COUNCIL 12

NAME OF COMMITTEE Full Council

DATE 2 October 201 4

REPORT TITLE BUSINESS RATES POOLING IN DEVON

Report of Head of Finance & Audit

WARDS AFFECTED All

Summary of report: This report recommends that South Hams District Council withdraws from the membership of the Devon Business Rates Pool for the financial year 2015/16.

Financial implications: By taking the action of withdrawing from the Pool in 2015/16, this would minimise the loss that the Council could suffer from business rates appeals in 2015/16 to £132,000. The Council would receive a safety net payment from the Government for any losses in excess of this amount. The pooling gains from 2013/14 and 2014/15 will be set aside in an Earmarked Reserve to meet the cost of the £132,000 loss which could materialise in 2015/16 from the appeals.

RECOMMENDATION:

It is recommended that South Hams District Council withdraws from the Devon Business Rates Pool for the financial year 2015/16 and that this is formally notified to the Devon Pooling partners.

Officer contact: Lisa Buckle, Head of Finance and Audit 01803 861413 [email protected]

1. BACKGROUND OF THE BUSINESS RATE RETENTION SCHEME 1.1 The way that Councils receive income from Business Rates changed from 1 April 2013. Business Rates retention was introduced to enable authorities to be able to retain a share of any growth that is generated in Business Rates revenue in their areas.

1.2 The reality is that some authorities earn more in business rates than they used to receive from the previous formula grant. While there are other authorities who earn much less. So the Government has levelled the playing field through a mixture of “top-ups” and “tariffs”. At the beginning of each year, the government will carry out calculations to ensure that Councils with more business rates income than their current baseline funding level will make a tariff payment to government. Similarly, where Council’s have greater needs than their business rates income, they will receive a top-up payment from the government. South Hams District Council and other Devon Districts are Tariff Authorities. , Plymouth and Torbay are ‘Top Up’ Authorities.

2. BUSINESS RATES POOLING IN DEVON 2.1 The business rate retention scheme allows authorities to voluntarily form a business rates retention pool. Local authorities within a pool are treated as a single authority, with all tariffs and all top ups being combined and a single levy rate being applied. At an early stage the Government encouraged Councils to ‘pool’.

2.2 In 2013/2014, all eight Devon District Councils and Devon County Council, Plymouth Unitary and Torbay Unitary agreed to be part of a Devonwide pooling arrangement. The first year (2013/14) has been very successful and the pooling gain achieved has equated to £1.502 million which has been shared between all of the Devon Authorities in accordance with the Governance agreement. South Hams District Council’s share of the pooling gain was £60,291.

2.3 This has enable £1.502 million to be retained within the local Devon economy rather than this money going back to Central Government, generating additional income for all the Devon Councils within the Pool.

2.4 The ‘Devon Pool’ distributes pooled funds using a “no worse off” basis. Funds are distributed to each member authority to a position no worse than it would have been had the pool not existed. Clearly this is only possible if the pooling arrangements result in an aggregate financial position that is no worse than would have been the case had the pool not existed.

2.5 Where pooling generates a net gain, the additional resources (above and beyond the ‘no worse off’ basis) are distributed in the following proportions:- 50% of the gain is distributed using each authority’s baseline funding level and 50% of the gain is distributed using NDR baseline.

2.6 The same proportion is used if pooling generates a net loss.

3 CONSIDERATION OF THE POOLING POSITION FOR 2015-16

3.1 All Devon Authorities have committed to the Pool for 2014-15 and arrangements are now being put in place to consider the pooling position for 2015-16. The Governance agreement sets out that annually the pool members will consider the continuation or discontinuation of the Pool.

3.2 As part of the annual review, the pooling partners monitor high risk developments in terms of business closures and business rate appeals.

3.3 South Hams has some significant business rates appeals outstanding and the Council has had to include a reasonable provision within its 2013/14 Accounts for these. Further details of the business rates appeals are detailed in Exempt Appendix A.

3.4 There are two critical timescales with any pooling decision:- i) End of October 2014 – An Authority can withdraw from the pool for 2015-16 without collapsing the pool. The remaining pool members can re-apply to become a new pool for 2015-16 in their own right by 31 st October 2014.

ii) January 2015 following the Finance Settlement – If a Council leaves a pool at this stage, it collapses the pool for 2015-16 and the pool cannot reform until 2016-17.

4. LEGAL IMPLICATIONS 4.1 As per Article 4 of the Council’s Constitution, Council is responsible for approving the policy framework and the budget. As funding from Business Rates is a significant part of the funding for the Council’s overall revenue budget, any decision on Pooling must be taken by Full Council.

4.2 Since there is commercially sensitive information in this report, there are grounds for Appendix A of the report’s publication to be restricted, and considered in Exempt session. Having applied the public interest test, it is felt that the public interest lies in non-disclosure due to the commercial sensitivity of the Appendix. Accordingly Appendix A contains exempt information as defined in Paragraph 3 of Schedule 12A to the Local Government Act 1972.

5. FINANCIAL IMPLICATIONS 5.1 The recommendation of the Head of Finance and Audit is to withdraw from the Pool for 2015-16 as the outcome of the appeals affecting the Council will not be known before any pooling decision has to be made. The Devon pool could be re- constituted for 2015-16 without South Hams. The remaining pool members can re-apply by 31 st October 2014 to DCLG to become a new pool for 2015-16 in their own right.

5.2 By taking the action of withdrawing from the Pool in 2015/16, this would minimise the loss that the Council could suffer from business rates appeals in 2015/16 to £132,000. The Council would receive a safety net payment from the Government for any losses in excess of this amount. The pooling gains from 2013/14 and 2014/15 will be set aside in an Earmarked Reserve to meet the cost of the £132,000 loss which could materialise in 2015/16 from the appeals.

5.3 If the Council did not withdraw from the Pool in 2015/16 and the Pool remained in operation in 2015/16, the extent of losses from business rates appeals which the Council could suffer in 2015/16 could total £372,000. This is the £132,000 as detailed in 5.2 plus an additional £240,000 (see Exempt Appendix A for detail). The Council would not receive a ‘safety net’ payment if it was part of a Pool.

5.4 The risks of staying in the Pool for 2015/16 are deemed to be too high in relation to the possible pooling gains achievable in 2015/16. An assessment would need to be made on an annual basis about whether South Hams could rejoin the pool in later financial years based on local factors.

6 OTHER CONSIDERATIONS Corporate priorities engaged: All Statutory powers: Business Rates Retention Scheme

Considerations of equality and None directly related to this report. human rights: Biodiversity considerations: None directly related to this report.

Sustainability considerations: None directly related to this report.

Crime and disorder implications: None directly related to this report.

Background papers: Council – 13 December 2012 Council – 19 December 2013 DCLG Business Rates Retention – Pooling Prospectus 2015-16 Appendices attached: None STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Description Impact Chance Risk score Mitigating & Management Ownership of of and direction actions negative negative of travel outcome outcome 1 Risk of The full risks associated with 5 3 15 ˜˜˜ Careful analysis annually H of F&A significant business rates appeals will be to be carried out of the Other Local business rates annually assessed by all financial impact of being Authorities appeals Pooling partners. in the pool and of being impacting independent. detrimentally on the Pool

2 Future funding A significant drop in overall 4 2 8 Close monitoring of the H of F & A,

levels funding could have a ˜ changes in business rates (if the Council detrimental impact on reserve throughout the year. is exposed to levels. Maintaining a healthy business rates level of reserves to income mitigate any potential volatility) drop in funding.

3 Assumptions Risk of assumptions used for 5 2 10 Close monitoring of the H of F&A

used for modelling scenarios for ˜ assumptions used. These Other Local modelling the pooling turning out to be have been based on Authorities effects of significantly different to what historical patterns of business rates happens in reality. business rates income pooling and predicted growth from informed knowledge. Direction of travel symbols ˆˆˆ ııı ˜

AGENDA AGENDA ITEM ITEM 13 SOUTH HAMS DISTRICT COUNCIL 13

NAME OF COMMITTEE COUNCIL

DATE 2 October 2014

REPORT TITLE POLLING DISTRICTS/POLLING PLACES REVIEW 2014

Report of Head of Corporate Services/Electoral Administrator WARDS AFFECTED ALL

Summary of report: The Electoral Administration Act 2006 introduced a duty for all polling districts and polling places to be reviewed every 4 years. The Electoral Administration Act 2013 provided that a review must be carried out within 16 months of October 2013 and must be concluded by 1 January 2015. In order that the Register of Electors 2015, to be published by 1 December 2014, incorporates these changes it is necessary for approval to be given by Council prior to that date.

The 2014 review has taken place and identified that the current Polling District Polling Places Order needs to be revised to reflect the recommendations of the Local Government Boundary Commission for England on the district ward boundaries.

Financial implications: There are no financial implications arising directly from this report.

RECOMMENDATIONS:

That the Council be RECOMMENDED that the Polling Districts and Polling Places (as set out in the Schedules in Appendices A and B) be approved.

Officer contact: Jan Montague Head of Corporate Services ([email protected] )

1. BACKGROUND

1.1 In order to comply with the The Electoral Registration and Administration Act 2013 the Council must carry out a compulsory review of the polling districts and polling places by 1 January 2015.

1.2 In legislation the responsibility for the review of polling districts and polling places rests with the local authority while the provision of polling stations lies with the Returning Officer personally.

1.3 Definition of terms.

Polling district : the area created by the division of a constituency, ward or division into smaller parts, within which a polling place can be determined which is convenient to electors.

Polling place : A polling place is a geographical area in which a polling station is located. The geographical area can be defined as tightly as a particular building or as widely as the entire polling district. Where a polling place is not named, by default it is the whole polling district.

If polling places are too specific and the polling place is unavailable at election time then the Returning Officer would be forced to hold the election in a different polling place from that contained in the Order. It would then be necessary to issue an appropriate Notice and make arrangements for a new order to be made. With very tight election timescales and considerably high workloads, the need for additional paperwork would be disruptive to the election process.

A Polling station is the actual location, chosen by the Returning Officer, where the process of voting takes place and must be within the polling place for the particular polling district.

2. ISSUES FOR CONSIDERATION

2.1 Public Notice was given of the commencement of the review of polling districts and polling places on 22 July 2014. The opportunity was also taken to receive representations concerning the accessibility of polling stations. The closing date for submissions was 22 August 2014.

2.2 Notices were sent to Parish Councils, political parties, Members via Bulletin and various organisations having knowledge of accessibility issues.

2.3 No negative representations were received from any persons regarding the changing of polling districts and polling places. One representation queried whether a further polling station could be re-instated at Wotter. The location of polling stations is matter for the Returning Officer, no electors from the Wotter polling district have complained about the location of the polling station over the past 4 years of use and the cost of hiring and manning another polling station in the area is not considered justified to make such a change.

2.4 The Returning Officers proposals were published on 2 September 2014 and were sent to Parish Councils and organisations that had expressed an interest and posted on the internet. Comments were invited by 18 September 2014. No comments were received.

2.5 In legislation the responsibility for the review of polling districts and polling places rests with the local authority while the provision of polling stations lies with the Returning Officer personally.

2.6 The Returning Officer keeps the location of polling stations under review. A decision to allow polling places to be the area of the polling districts will allow the Returning Officer to act without delay in relocating a polling station when it is unavailable or when access issues arise.

2.7 The current Polling District Polling Places Order 2011 does not reflect the changes required for the new electoral arrangements recommended by the Local Government Boundary Commission for England for the district wards and it is therefore necessary to consider the following changes:-

SOUTH WEST DEVON CONSTITUENCY

Bickleigh Parish Revision of existing polling districts to reflect the final recommendations of the Local Government Boundary Commission for England. See Map attached – Appendix 1& 2

Ivybridge Parish Create and revise polling districts within the existing Central Parish Ward to reflect the final recommendations of the Local Government Boundary Commission for England. See Map attached – Appendix 3

Ugborough Parish Create and revise existing polling districts, to reflect the final recommendations of the Local Government Boundary Commission for England. See Map attached – Appendix 4

TOTNES CONSTITUENCY – no proposed changes

3. LEGAL IMPLICATIONS

3.1 The Council has a duty under the Electoral Administration Act 2013 to carry out a compulsory review of all polling districts and polling places.

The compulsory review periods are — (a) the period of 16 months beginning with 1st October 2013, and (b) the period of 16 months beginning with 1st October of every fifth year after that.

3.2 The decision to approve the outcome of the review can be made only by Council.

4. RISK MANAGEMENT

4.1 The risk management implications are as indicated at the end of this report.

Corporate priorities ALL engaged: Statutory powers: The Electoral Administration Acts 2006 & The Electoral Registration and Administration Act 2013 Considerations of equality Equality and Human Rights Legislation and human rights:

Biodiversity considerations: None

Sustainability None considerations: Crime and disorder None implications: Background papers: Public Notice of the commencement of the review 22 July 2014 The Electoral Administration Act 2006 The Electoral Registration and Administration Act 2013 Review of polling Districts and Polling Places (Parliamentary Elections) Regulations 2006 The South Hams Polling Districts and Polling Places Order 2011 The Returning Officers proposals published on 25 August 2014 Letters and emails of representation

Appendices attached: Schedule of proposed polling districts and polling places – Appendix A- Totnes Constituency & Appendix B – South West Devon Constituency.

Maps showing proposed polling districts Appendices1-4

STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Impact Chance Risk Mitigating & Management Ownership Description of of score actions negative negative and outcome outcome direction of travel 1 Legislative To provide the opportunity for 3 2 6 Officers consult with the Head of requirement to polling districts and polling ˜ electorate to ensure suitable Corporate review the places to meet the needs of polling places / polling stations. Services / polling districts electors and reflect the Electoral / places recommendations of the local Administrator Government Boundary Commission for England.

2 Polling places If polling places are too 2 1 2 The review will ensure that the Head of being too specific and the polling place ˜ polling plans are not too specific. Corporate specific was unavailable, then the Services / Returning Officer would be Electoral forced to hold the election in a Administrator different polling place from that contained in the Order. It would then be necessary to issue an appropriate Notice and make arrangements for a new Order to be made.

CURRENT SCHEDULE APPENDIX A (1) TOTNES CONSTITUENCY (being that part of the District of South Hams in the Totnes Constituency) POLLING DISTRICTS PARISHES AND OTHER PLACES WITHIN THE POLLING DISTRICTS POLLING PLACES SAA Ashprington (excluding that part in the Ashprington (Tuckenhay) Polling District) Ashprington SAB ASHPRINGTON (Tuckenhay) Ashprington (excluding that part in the Ashprington Polling District) Ashprington SAC Berry Pomeroy Bridgetown Parish Ward Berry Pomeroy (Bridgetown) SAD BERRY POMEROY Berry Pomeroy Village Parish Ward Berry Pomeroy SAE Blackawton Blackawton SAF West Scoriton SAG BUCKLAND TOUT SAINTS Buckland Tout Saints Ledstone SAH Charleton West Charleton SAI Chivelstone East Prawle SAJ Churchstow Churchstow SAK Cornworthy Cornworthy SAL Dartington Dartington SAM DARTMOUTH CLIFTON Dartmouth Clifton Parish Ward (excluding those parts in Dartmouth Clifton Dartmouth (North) (Central) and Dartmouth Clifton (South) Polling Districts) SAN DARTMOUTH CLIFTON Dartmouth Clifton Parish Ward (excluding those parts in Dartmouth Clifton Dartmouth (Central) (North) and Dartmouth Clifton (South) Polling Districts SAO DARTMOUTH CLIFTON Dartmouth Clifton Parish Ward (excluding those parts in Dartmouth Clifton Dartmouth (South) (North) and Dartmouth Clifton (Central) Polling Districts) SAP DARTMOUTH (Townstal) Dartmouth Townstal Parish Ward Dartmouth Townstal SAQ Dean Prior Dean Prior SAR Diptford Diptford SAS Dittisham Dittisham SAT East Allington East Allington SAU East Portlemouth East Portlemouth

CURRENT SCHEDULE APPENDIX A (1) TOTNES CONSTITUENCY (being that part of the District of South Hams in the Totnes Constituency) POLLING DISTRICTS PARISHES AND OTHER PLACES WITHIN THE POLLING DISTRICTS POLLING PLACES SAV FROGMORE AND Frogmore Parish Ward Frogmore SHERFORD (Frogmore) SAW Parish Ward Sherford SHERFORD (Sherford) SAX AND Halwell and Halwell MORELEIGH SAY (Harberton) Harberton Parish Ward Harberton SAZ HARBERTON (Harbertonford) Harbertonford Parish Ward Harbertonford SBA Holne Holne SBB (East) Kingsbridge East Parish Ward Kingsbridge East SBC KINGSBRIDGE (North) Kingsbridge North Parish Ward Kingsbridge North SBD KINGSBRIDGE (Westville) Kingsbridge Westville Parish Ward Kingsbridge Westville SBE (Kingswear) Kingswear Parish Ward Kingswear SBF KINGSWEAR (Hillhead) Hillhead Parish Ward Hillhead SBG Littlehempston Littlehempston SBH Loddiswell Loddiswell SBI Malborough Malborough SBJ Marldon Marldon SBK North Huish Avonwick SBL Rattery Rattery SBM SALCOMBE Salcombe Salcombe SBN SLAPTON Slapton Slapton SBO (Brentmoor) South Brent (excluding those parts in the South Brent (Village) Polling District) South Brent SBP SOUTH BRENT (Village) South Brent (excluding those parts in the South Brent (Brentmoor) polling district) South Brent SBQ South Huish Galmpton SBR South Milton South Milton CURRENT SCHEDULE APPENDIX A (1) TOTNES CONSTITUENCY (being that part of the District of South Hams in the Totnes Constituency) SBS South Pool South Pool SBT STAVERTON Staverton Staverton SBU Stoke Fleming Stoke Fleming SBV Stoke Gabriel Stoke Gabriel SBW (Stokenham) Stokenham (excluding those parts in the Stokenham (Huccombe) and Stokenham Stokenham (Chillington) Polling Districts) SBX STOKENHAM (Chillington) Stokenham (excluding those parts in the Stokenham (Stokenham) and Stokenham Chillington (Huccombe) Polling Districts) SBY STOKENHAM (Huccombe) Stokenham (excluding those parts in the Stokenham (Stokenham) and Stokenham Beesands (Chillington) Polling Districts) SBZ Strete Strete SCA (Thurlestone) Thurlestone (excluding that part in the Thurlestone (Bantham) Polling District) Thurlestone SCB THURLESTONE (Bantham) Thurlestone (excluding that part in the Thurlestone (Thurlestone) Polling Dictrict) Thurlestone SCC TOTNES (Bridgetown West) Totnes Bridgetown Parish Ward (excluding those parts in the Totnes (Bridgetown) Totnes (Bridgetown polling district) West) SCD TOTNES (Bridgetown) Totnes Bridgetown Parish Ward (excluding those parts in the Totnes (Bridgetown Totnes (Bridgetown) West) polling district) SCE TOTNES (Central) Totnes Parish Ward (excluding those parts in the Totnes (West) and Totnes Totnes (Central) (Riverside) Polling Districts) SCF TOTNES (West) Totnes Parish Ward (excluding those parts in the Totnes (Central) and Totnes Totnes (West) (Riverside) Polling Districts) SCG TOTNES (Riverside) Totnes Parish Ward (excluding those parts in the Totnes (Central) and Totnes Totnes (Riverside) (West) Polling Districts) SCH West Alvington West Alvington SCI WOODLEIGH Woodleigh Woodleigh

PROPOSED SCHEDULE APPENDIX B (1) SOUTH WEST DEVON CONSTITUENCY (being that part of the District of South Hams in the South West Devon Constituency) POLLING PARISHES AND OTHER PLACES WITHIN THE POLLING DISTRICTS POLLING PLACES DISTRICTS LAA AVETON Aveton Gifford GIFFORD LAB BICKLEIGH Bickleigh (excluding that part in the Bickleigh (Woolwell) Polling District) – See Map at Roborough Appendix 1 LAC BICKLEIGH Bickleigh (excluding that part in the Bickleigh Polling District) Revised area taking into Woolwell (Woolwell) account the recommendations of the Local Government Boundary Commission for England 2014 – see Map at Appendix 2 LAD Bigbury (excluding that part in the Bigbury-On-Sea Polling District) Bigbury LAE BIGBURY-ON- Bigbury (excluding that part in the Bigbury Polling District) Bigbury-on-Sea SEA LAF BRIXTON Brixton Brixton LAG Cornwood Cornwood LAH ERMINGTON Ermington Ermington LAI HARFORD Harford Harford LAJ Holbeton Holbeton LAK IVYBRIDGE Ivybridge (Filham Parish Ward) Ivybridge (Filham) (Filham) LAL1 IVYBRIDGE Ivybridge (that part of existing Central Parish Ward not within the proposed Ivybridge East Ivybridge (Ivybridge West) District Ward of the Local Government Boundary Commission for England – see Map at Appendix 3) LAL2 IVYBRIDGE Ivybridge (that part of existing Central Parish Ward not within the proposed Ivybridge West Ivybridge (Ivybridge East) District Ward of the Local Government Boundary Commission for England – see Map at Appendix 3) LAM IVYBRIDGE Ivybridge (Woodlands Parish Ward) Ivybridge (Woodlands) (Woodlands) LAN KINGSTON Kingston Kingston PROPOSED SCHEDULE APPENDIX B (1) SOUTH WEST DEVON CONSTITUENCY (being that part of the District of South Hams in the South West Devon Constituency) POLLING DISTRICT PARISHES AND OTHER PLACES WITHIN THE POLLING DISTRICTS POLLING PLACES

LAO Modbury Modbury LAP NEWTON AND (excluding that part in the Newton and Noss (Noss Mayo) Polling District) Newton Ferrers NOSS (Newton Ferrers) LAQ NEWTON AND Newton and Noss (excluding that part in the Newton and Noss (Newton Ferrers) Polling Noss Mayo NOSS (Noss Mayo) District LAR Ringmore Ringmore LAS Shaugh Prior (excluding those parts in the Shaugh Prior (Wotter) and Shaugh Shaugh Prior Prior (Lee Moor) Polling Districts) LAT SHAUGH PRIOR Shaugh Prior (excluding those parts in the Shaugh Prior and Shaugh Prior (Lee Moor) Polling Shaugh Prior (Wotter) Districts) LAU SHAUGH PRIOR Shaugh Prior (excluding those parts in the Shaugh Prior and Shaugh Prior (Wotter) Polling Lee Moor (Lee Moor) Districts) LAV Sparkwell (excluding that part in the Sparkwell (Lee Mill) Polling District) Sparkwell (Sparkwell) LAW SPARKWELL Sparkwell (excluding that part in the Sparkwell (Sparkwell) Polling District Lee Mill (Lee Mill) LAX UGBOROUGH Ugborough (excluding that part in the Ugborough (Bittaford) and new Ugborough (Ivybridge Ugborough (Ugborough) East) Polling Districts LAY1 UGBOROUGH Ugborough (excluding that part in the Ugborough (Bittaford and Ugborough) Polling Districts Bittaford (Ivybridge East) in accordance with the proposed Ugborough (Ivybridge East) Parish Ward proposed by the Local Government Boundary Commission for England 2014 – see Map at Appendix 4. The Ugborough (Ivybridge East) Polling District currently has very few electors and it is felt that the polling place should remain the same as previously for the electors in Bittaford until the electorate increases considerably. LAY2 UGBOROUGH Ugborough (excluding that part in the Ugborough (Ugborough) and Ugborough (Ivybridge Bittaford (Bittaford) East) Polling Districts) PROPOSED SCHEDULE APPENDIX B (1) SOUTH WEST DEVON CONSTITUENCY (being that part of the District of South Hams in the South West Devon Constituency) LAZ Wembury Parish Ward Wembury (Wembury) LBA WEMBURY Down Thomas Parish Ward Down Thomas (Down Thomas) LBB YEALMPTON Yealmpton Yealmpton

AGENDA AGENDA ITEM ITEM 14 SOUTH HAMS DISTRICT COUNCIL 14

NAME OF COMMITTEE Council

DATE 2 October 201 4

REPORT TITLE The Openness of Local Government Bodies Regulations 2014

REPORT OF Democratic Services Manager

WARDS AFFECTED All

Summary of report: To consider a report that informs the Council of the implications arising from the adoption of the Openness of Local Government Bodies Regulations 2014.

Financial implications: There are no financial implications directly arising from this report.

RECOMMENDATION:

1. That the Council Constitution be amended to reflect the Regulations whereby the press and public are now able to film and to report, using social media including blogging or tweeting, public meetings of the Council and its Member Bodies; and

2. That the Monitoring Officer be given delegated authority, in consultation with the lead Executive Member for Corporate Services, to develop a process by which decisions taken by officers on behalf of the Council are formally recorded and published.

Officer contact: Darryl White, Democratic Services Manager ( [email protected] ) 01803 861247).

1. BACKGROUND

1.1 On 6 August 2014, the Openness of Local Government Bodies Regulations 2014 came into force.

1.2 The Regulations, which apply to all councils and other local government bodies in England, allow the press and public to film and to report using social media including blogging or tweeting, public meetings of the Council and its Member Bodies;

1.3 The Regulations also require the Council to make publicly available a ‘decisions record’ of certain decisions which officers have taken on behalf of the council;

1.4 As a consequence of these Regulations, all councils are now legally bound to ensure that the press and public can exercise these new rights.

2. ISSUES FOR CONSIDERATION

Filming and Reporting Member Meetings

2.1 In accordance with Council Procedure Rule 21(a), public meetings can already be recorded, subject to receiving the prior approval of the Chairman of that meeting;

2.2 Whilst the new Regulations have removed the need for prior permission to be given, it is still felt advisable that, out of courtesy, any person wishing to film or audio record a public meeting should inform officers in advance of the meeting;

2.3 In respect of tweeting and blogging, the new Regulations allow for reporting of meetings via social media of any kind. Therefore, these Regulations enable bloggers, tweeters, and for example, Facebook, YouTube users and individuals with their own website(s), to report public meetings;

2.4 In addition, Members are not prevented from tweeting and blogging at meetings as long as it complies with the Code of Conduct;

2.5 Any Member, press or member of the public who wish to utilise these new Regulations is required to not be unduly disruptive during a meeting or act in a manner which detracts from the proper conduct of the meeting;

2.6 As a consequence of these Regulations, Council approval is sought to amend Council Procedure Rule 21 accordingly.

A Decisions Record

2.6 In terms of resource implications, the most significant part of the Regulations is concerned with the requirement to record and publish decisions made by:

- officers following specific delegation from Executive to an officer; - officers following specific delegation from a non-executive committee meeting; and - officers under a general authorisation to officers to take decision where the effect is to: o grant permission or a licence; o affect the rights of an individual; or o award a contract or incur expenditure which materially affects the council’s financial position.

2.7 At the time of writing this report, the definition of exactly what constitutes an ‘officer decision’ is unclear and the guidance is also somewhat contradictory. It is therefore recommended that the Monitoring Officer be given delegated authority, in consultation with the lead Executive Member for Corporate Services, to ascertain which decisions should be recorded and to subsequently develop an appropriate process for their publication.

3. FINANCIAL IMPLICATIONS

3.1 Whilst there was be some resource implications as a consequence of these Regulations, there are no direct financial implications arising from this report

4. RISK MANAGEMENT

4.1 The risk management implications are shown at the end of this report in the Strategic Risk Template:

5. OTHER CONSIDERATIONS

Corporate priorities All engaged: Considerations of equality None directly arising from this report and human rights: Biodiversity considerations: None directly arising from this report

Sustainability None directly arising from this report considerations: Crime and disorder None directly arising from this report implications: Background papers: The Openness of Local Government Bodies Regulations 2014 Shared SH/WD Media Protocol Appendices: None

STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel

1 Recording at Members and officers will 3 2 6 Officers are in the process of Communications Meetings need to be aware that ııı reviewing a media protocol to support Manager / public meetings can now Members and officers in this regard. Democratic theoretically be filmed Services and recorded without Manager them realising.

2 Maintaining an There is criminal liability 4 2 8 Once a process is adopted, the Monitoring Officer up to date involved for individual ııı record log will be reviewed regularly / SMT record of officers for non- by the Senior Management Team. decisions compliance of recording relevant decisions.

Direction of travel symbols ˆˆˆ ııı ˜ AGENDA AGENDA ITEM ITEM 15 SOUTH HAMS DISTRICT COUNCIL 15

NAME OF COMMITTEE Council

DATE 2 October 201 4

REPORT TITLE Development Management Committee Composition

REPORT OF Democratic Services Manager

WARDS AFFECTED All

Summary of report: To consider a report which seeks to amend the composition of the Development Management Committee for the remainder of the 2014/15 Municipal Year.

Financial implications: There are no financial implications directly arising from this report.

RECOMMENDATION:

That the Council RESOLVES that, with immediate effect for the remainder of the 2014/15 Municipal Year, Cllr J A Pearce replaces Cllr P Coulson as a Member of the Development Management Committee.

Officer contact: Darryl White, Democratic Services Manager ( [email protected] ) 01803 861247).

1. BACKGROUND

1.1 On 18 September 2014, the Democratic Services Manager received notification from Cllr P Coulson that, with effect from this Council meeting, he wished to resign from being a Member of the Development Management Committee.

1.2 As a consequence, and in line with the political balance requirements, the Leader of Council has been consulted and proceeded to nominate Cllr J A Pearce to fill this vacancy on the Committee with immediate effect.

2. RISK MANAGEMENT

2.1 The risk management implications are shown at the end of this report in the Strategic Risk Template:

3. OTHER CONSIDERATIONS

Corporate priorities All engaged: Considerations of equality None directly arising from this report and human rights: Biodiversity considerations: None directly arising from this report

Sustainability None directly arising from this report considerations: Crime and disorder None directly arising from this report implications: Background papers: South Hams District Council Constitution 2014/15 Political Balance Table Appendices: None

STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel

1 Ensuring a The workload of the 3 1 3 By appointing a replacement Member Democratic Committee Development ˜ on to the Committee ensures it is Services Quorum Management Committee, functioning at maximum capacity. Manager / Group coupled with the Leaders procedures in respect of partaking at meetings following a site inspection, require the membership to be at maximum capacity in order to minimise the potential to be inquorate.

Direction of travel symbols ˆˆˆ ııı ˜

AGENDA AGENDA ITEM ITEM 16 SOUTH HAMS DISTRICT COUNCIL 16

NAME OF COMMITTEE Council

DATE 2 October 2014

REPORT TITLE Scrutiny Annual Report

Report of Member Services Manager

WARDS AFFECTED All

Summary of report: To report to Members on the workings of Overview and Scrutiny during the 2013/14 Municipal Year.

Financial implications: There are no financial implications to this report.

RECOMMENDATIONS:

That the Council RESOLVES to note the work undertaken by Overview and Scrutiny during 2013/14 Municipal Year and has the opportunity to comment on the current work programmes of the three Scrutiny Panels.

Officer contact: Kathryn Trant, Member Services Manager 01803 861185 [email protected]

1. BACKGROUND

1.1 At the Annual Council meeting of 19 May 2011, a report was presented of the Constitution Working Group which made a number of recommendations in relation to revised Terms of Reference for the Overview and Scrutiny function (minute 08/11 refers). Part 2, Article 5 and Part 3 of the Constitution, set out the Terms of Reference, the general role and the specific functions of the Panels.

1.2 Council Procedure Rule 6.5 states that –

Each Scrutiny Panel must report annually to full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate.

1.3 Set out at Appendix A is an outline of the issues considered by each of the Scrutiny Panels during the 2013/14 Municipal Year.

2. ISSUES FOR CONSIDERATION

Summary of work undertaken 2013/14

2.1 The Community Life and Housing Scrutiny Panel considered a large number of items at its formal meetings throughout the year and gave particular focus to the Affordable Housing Capital Programme making recommendations to the Executive on projects to receive funding, a Community Led Housing Initiative which again was recommended to the Executive, the implications on the Council of the Government’s new welfare reforms and the Health and Wellbeing agenda.

2.2 The public forum facility provided the opportunity for some members of the public to raise concerns about the transfer of Assets and about Devon and Cornwall Housing.

2.3 By way of Task and Finish Groups, the Panel initiated and prioritised a number of reviews to consider:

• Identifying sites for Gypsies and Travellers • Developing processes to support the Council’s engagement with young people • Review of the Empty Homes Strategy • Affordable Housing Delivery Models

2.4 The Economy and Environment Scrutiny Panel undertook a number of key reviews including:

• A major review on future options for the Recycling and Waste Service, which had commenced the previous year • Consideration of the status of the Council’s biodiversity duty, which had commenced the previous year • Renewable Energy • Trees and Hedges

2.5 In terms of formal items, the Panel gave specific focus to the Review of AONB Management Plans, winter closure of public conveniences, adoption of the Tree Protection Policy which was a recommendation to Executive, and began work on Managing Coastal Assets. The Panel also maintained a watching brief throughout the year on the progress of the implementation of Dog Control Orders and on progress in relation to Rural Broadband.

2.6 Both the Economy and Environment Scrutiny Panel and the Community Life and Housing Scrutiny Panel have reviewed the action plans that support the delivery of the Council’s corporate priorities. Both Panels have highlighted the need for more streamlining to ensure the action plans remain realistic and achievable and the need for the inclusion of SMART targets to enable the measuring of outcomes.

2.7 All three Scrutiny Panels were involved in putting Members forward for a joint Task and Finish Group on a new approach to the budget setting process. This later evolved in to a Working Group that focused on Income Generation opportunities.

2.8 The Corporate Performance and Resources Scrutiny Panel received reports in relation to the regular monitoring of Performance Indicators, Review of the Service Level Agreements of the CAB and CVS, the progress of the Transformation Programme T18 and the Use of Agency Staff. The annual Ombudsman letter was also presented to this Panel.

3. FUTURE CONSIDERATIONS

Work Programme 2014/15

3.1 Each Panel has already held its first two meetings for 2014/15 and has established a work programme for the year 2014/15, the latest versions of which can be found at Appendix B to this report. Whilst the programmes form the basis of their work, this list is not exhaustive as each Panel has the ability to absorb further agenda items as and when they arise.

3.2 The Programming Panel (which comprises of the Chairman (or Vice Chairman in their absence) of each Panel, the Vice Chairman of Corporate Performance and Resources Scrutiny Panel and the Chairman of Executive) meet quarterly to discuss the workloads of the four bodies to ensure efficiency of the overview and scrutiny process.

4. LEGAL IMPLICATIONS

4.1 Statutory Powers – Local Government Act 2000

5. RISK MANAGEMENT

5.1 The risk management implications are shown at the end of this report in the strategic risks template.

Corporate priorities engaged: All Statutory powers: Local Government Act 2000

Considerations of equality and Not affected by this report human rights: Biodiversity considerations: Not affected by this report Sustainability considerations: Not affected by this report Crime and disorder implicati ons: Not affected by this report Background papers: Council papers for 19 May 2011; 21 July 2011, 9 February 2012, Council Constitution Appendices attached: Appendix A: Issues considered by Overview and Scrutiny 2013/14 Appendix B: Items for future consideration

STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management Ownership Description negative of score and actions outcome negative direction outcome of travel 1 Reputation - It is a constitutional requirement to provide 1 1 1 Regular monitoring can ensure Member Services an annual report on the ˜ that the function is providing Manager Overview and Scrutiny outcomes and adding value to the function. Council.

Direction of travel symbols ˆˆˆ ııı ˜

Appendix A – Issues Considered by the Scrutiny Panels during the 2013/14 municipal year Community Life and Housing Scrutiny Panel

Date of meeting Issues Considered

23 May 2013 • Annual Review of Community Life and Homes Action Plans • Annual Work Programme • Annual Review of the South Devon and Dartmoor Community Safety Partnership • Affordable Housing Capital Programme 2013-14 • Public Spaces Working Group • Task and Finish Updates – Youth Engagement

5 September • New Approach to Budget Setting and Monitoring – Next steps 2013 • Update on Impact of Welfare Reforms on the Council • RENTplus • Task and Finish Updates – Gypsy and Traveller Sites/Youth Engagement

21 November • TONE Leisure Performance Report April to September 2013 2013 • Discretionary Housing Payments • Homelessness Update in the South Hams • Devon Home Choice • Affordable Housing Capital Programme • Community Led Development • Disabled Facilities Grant (DFGs) Update • Annual Work Programme • Task and Finish Group Updates – Gypsy and Traveller Sites/Youth Engagement • Minutes of Public Spaces Working Group 27 March 2014 • Devon and Cornwall Housing • Health and Wellbeing • Devon Home Choice Policy Review • Local Discretionary Welfare Support • Annual Work Programme for 2014/15 • Task and Finish Group Updates – Youth Engagement/Gypsy and Traveller Sites

Appendix A – Issues Considered by the Scrutiny Panels during the 2013/14 municipal year Corporate Performance and Resources Scrutiny Panel

Date of meeting Issues Considered

20 June 2013 • Planning Performance and Complaints • Performance Report • Ombudsman’s Complaints • Annual Work Programme

3 October 2013 • Councillors Annual Attendance • New Approach to Budget Setting and Monitoring • Local Government Ombudsman Annual Review • Monitoring of South Hams Community and Voluntary Services’ and ‘Citizens Advice Bureau’ Service Level Agreements for 2012/13 • Performance Report Quarter 1 • Use of Agency Staff • Transformation 18 • Task and Finish Group – Review of Professional and Corporate Subscriptions Expenditure during 2012/13

28 November • Standards Complaints Update and the Role of the Independent 2013 Persons • Performance Report Quarter 2 • The Use of Part Time Working Arrangements • Transformation 18 • Shared Services Summary • Future agenda items • Task and Finish Group Updates – Review of Opportunities for Income Generation

13 March 2014 • Transformation 18 • Review of the Code of Conduct • Review of the Code of Conduct Complaints Procedure • Performance Report – Quarter 3 • Future agenda items • Task and Finish Group Update – Review of Opportunities for Income Generation • Community Project Reinvestment Fund

Appendix A – Issues Considered by the Scrutiny Panels during the 2013/14 municipal year Economy and Environment Scrutiny Panel

Date of meeting Issues Considered

23 May 2013 • Waste Review Interim Report • Progress Report on the Implementation of Dog Control Orders • Annual Review of Environment Action Plan • Annual Work Programme 2013/14 • Review of AONB Management Plans • Visit South Devon

5 September • New Approach to Budget Setting and Monitoring – Next Steps 2013 • Recycling and Waste Service Review • Economy Action Plan • Tree and Hedges Update • Task and Finish Updates – Renewable Energy/Biodiversity/ Town Vibrancy/ Waste Policy • Work Programme • Progress Report in the Implementation of Dog Control Orders • Rationalisation of Car Parking Permits

14 November 2013 • Fees and Charges Report • Business Provision Update • Work Programme • Winter Closure of Selected Public Conveniences • Task and Finish Updates – Review of AONB Management Plans/ Review of Tree Policy/ Update on Broadband Working Group • Oral update on the Review of Waste Policy

20 March 2014 • Presentation from South West Water • Managing Coastal Change and Assets • Dartmouth Lower Ferry • Sale of Recyclable Materials from Household Collections • Household Waste and Recycling Collection Guide Review • Work Programme • Task and Finish Updates – Biodiversity/ Renewable Energy/ Update on Broadband Working group (WDBC)

COMMUNITY LIFE AND HOUSING SCRUTINY PANEL

DRAFT ANNUAL WORK PROGRAMME – 2014-15

201 4

19 June Executive Forward Plan Crime and Disorder Safety Partnership Annual Work Programme 2014-15 (to include discussion on H&WB and how to take forward) TONE End of Year Report Task & Finish Group Updates:

September Executive Forward Plan Empty Homes Strategy Devon Carers Group Task and Finish Group Updates:

November Executive Forward Plan TONE Leisure Devon and Cornwall Housing Annual update Task and Finish Group Updates 2015 February Executive Forward Plan Health and Wellbeing Update Concluding Task and Finish Review Reports

April

TO SCHEDULE IN DURING 2014/15 Ambulance Re Visit: Domestic Violence: Community Consultation: Band E: Ageing Population Sustainable Communities: Healthwatch: Updates from Leisure Review Group (contracts end 2016)

CORPORATE PERFORMANCE AND RESOURCES SCRUTINY PANEL

ANNUAL WORK PROGRAMME – 2014-15

2014 Agenda Items Lead Officers July 14 Executive Forward Plan 2013-14 Annual Work Programme T18 Update Q4 PI SH CAB SLA Monitoring

October 14 Executive Forward Plan Quarter PI 1 SH CVS SLA Monitoring Ombudsman Complaints – and Annual Letter T18 Update

November 14 Executive Forward Plan Quarter PI 2 T18 Update

2015

March 15 Public Forum Executive Forward Plan Quarter PI 3 T 18 Update

ECONOMY AND ENVIRONMENT SCRUTINY PANEL

ANNUAL WORK PROGRAMME – 2014/15

2014 Agenda Items Lead Officers June Public Forum Executive Forward Plan Annual Work Programme 2014/15 Task and Finish Group Updates Broadband Update from Executive Portfolio Holder on Assets, particularly spend on coastal assets

September Public Forum Executive Forward Plan Broadband Update – attendance of DCC/BT Review of provision and maintenance of SHDC fleet Task and Finish Group Updates

November Public Forum Executive Forward Plan Fees and Charges Report Task and Finish Group Updates 201 5

January Public Forum Executive Forward Plan Presentation from SWW Concluding reports of Task and Finish Groups April

Cncl 02.10.14

MINUTES OF THE MEETING OF COUNCIL HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY, 2 OCTOBER 2014

Members in attendance * Denotes attendance Ø Denotes apology for absence * Cllr K J Baldry * Cllr P W Hitchins (Chairman) Ø Cllr A D Barber * Cllr J M Hodgson * Cllr H D Bastone * Cllr T R Holway * Cllr J H Baverstock Ø Cllr L P Jones * Cllr J I G Blackler * Cllr D W May * Cllr I Bramble (Vice-Chairman) * Cllr C M Pannell * Cllr J Brazil Ø Cllr J A Pearce * Cllr C G Bruce-Spencer * Cllr J T Pennington * Cllr B F Cane * Cllr R Rowe * Cllr B E Carson * Cllr M F Saltern Ø Cllr B S Cooper * Cllr P C Smerdon * Cllr S E Cooper * Cllr J W Squire * Cllr P Coulson * Cllr R C Steer * Cllr P K Cuthbert * Cllr M Stone * Cllr R J Foss * Cllr R J Tucker * Cllr R D Gilbert * Cllr R J Vint * Cllr A S Gorman * Cllr L A H Ward * Cllr M J Hannaford * Cllr J A Westacott MBE Ø Cllr J D Hawkins Ø Cllr K R H Wingate * Cllr M J Hicks * Cllr S A E Wright

Item No. Minute Ref No Officers in attendance and participating below refers All agenda Head of Paid Service, Monitoring Officer and items Democratic Services Manager Item 17(n) 43/14(n) Head of Finance and Audit

29/14 STRATEGIC PLAN – DARTINGTON

On behalf of the Council, the Chairman formally received 853 signed cards and six signed letters, which ‘strongly objected to the strategic plan that proposed the building of over 400 houses on greenfield sites in and around Dartington.’

30/14 BERYL WASHINGTON

The Chairman referred to the recent death of Beryl Washington, who had been a District Councillor for eleven years from May 1992 until May 2003.

As a mark of respect, the Council proceeded to stand and observe a moment’s reflection.

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31/14 MINUTES

The minutes of the meeting of Annual Council held on 8 May 2014 and the special meeting of the Council held on 19 June 2014 were both confirmed as a correct record and signed by the Chairman.

32/14 DECLARATIONS OF INTEREST

Members were invited to declare any interests in the items of business to be considered during the course of the meeting. These were recorded as follows:-

Cllr D W May declared a personal interest in Item 17(n): ‘Reports of Bodies – Audit Committee: 18 September 2014’ (Minute 43/14(n) below refers) and specifically minute number A.20/14. Whilst Cllr May remained in the meeting, he did not take part in the discussion or vote on this item.

33/14 CHAIRMAN’S ANNOUNCEMENTS

The Chairman wished to make particular reference to:-

- the Economy team winning an award recently for helping small businesses. The Chairman extended his congratulations to the Economy team for winning an award for helping small businesses following the floods earlier this year. It was noted that, in partnership with West Devon Borough Council, officers had successfully applied for vital government funding to help businesses and, as a consequence, nine South Hams businesses had been awarded over £20,000 from the Fund; - the achievements of the Grounds Maintenance Team, who won a clutch of medals at the recent Royal Horticultural Society South West Britain in Bloom awards; and - his upcoming Civic Service. The Chairman reminded the Council that his Civic Service would take place at 3.00pm on Sunday, 26 October 2014. In reminding the Council, the Chairman asked for any Members who had yet to inform of their attendance to do so as soon as possible.

34/14 QUESTIONS

It was noted that four questions had been received in accordance with Council Procedure Rule 8:

From Cllr Baldry to Cllr Wright, lead Executive Member for Environmental Health and Housing

(a) Sovereign Housing Association is a Registered Provider with houses across the district. For example they are a big provider in Yealmpton with about 60 homes which are a mixture of rented social housing and shared ownership. Sovereign has announced at relatively short notice that they are pulling out of Devon on 31 December. Would the Executive Member please make a statement about what is going to happen to both the rented and shared ownership properties including who is going to manage both types? - 2 - Cncl 02.10.14

In reply, Cllr Wright advised that the Council had been advised by Sovereign that, whilst the majority of their Development team would cease to operate in Devon from December 2014, at least one member of staff would remain in post to oversee the completion of housing schemes currently under development.

The Council was also advised that their Housing Management service would continue until such time as the transfer of its stock had been completed.

Sovereign was currently considering the options for transfer and would be seeking one or more housing associations to transfer its stock to. The Council understood that this was likely to take some time with Sovereign continuing their landlord role and providing ongoing services to tenants until late 2015 at the earliest.

Affordable Housing officers were in regular contact with Sovereign and would ensure that Members were updated as soon as detailed plans were announced.

In response to a supplementary question, Cllr Wright gave an assurance that Members would be kept informed of progress in respect of this matter.

From Cllr Brazil to Cllr Gilbert, lead Executive Member for Environment Services

(b) How many residential houses are registered for business rates in the South Hams and how many of those houses do we charge for rubbish collection?

In his introduction, Cllr Gilbert referred to his response to a similar question at the Executive meeting on 24 July 2014 (Minute E.10/14 refers).

In expanding upon this response, Cllr Gilbert informed that the total number of business rated premises within the South Hams was approximately 5,200 premises. The list covered all commercially rated premises but did not allow the Council to easily define how many of these were second homes.

The Council had two ways of tackling this issue – to either employ a specific resource now to manually check properties within the district or to wait until Autumn 2015 when the in-cab technology would offer the Council a cheaper way to record and check property service details once the Transformation Programme was fully embedded.

As lead Member, Cllr Gilbert suggested that this piece of work should be added to the considerations of the Waste Task and Finish Group. Membership of the Group was well informed on the waste service changes and also individual Members covered many of the more seasonal areas of the district where the largest percentage of the second homes would sit. Indeed, as a Member of the Group, Cllr Brazil would be able to assist the process.

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As a result, this would allow the Council to consider both options with costed details reasonably swiftly, so the Council could see the costs versus the income potential. In the meantime, any properties which the Council was advised of would be charged accordingly. A message to this end was placed in the Members’ Bulletin edition of 26 September 2014 and the Council would urge Members to contact officers with information from their wards.

In reply to a supplementary question, Cllr Gilbert confirmed that he would like to see an improvement in second and holiday homes collection rates. However, at the present time, the Working Group had been unable to establish any viable solutions to this predicament.

From Cllr Brazil to Cllr Wright, lead Executive Member for Environmental Health and Housing

(c) Of the £30 million net SHDC received from the transfer of our housing stock to Tor Homes, how much has been spent on housing projects and could you give a breakdown of those monies?

In response, Cllr Wright stated that in 1999, the Council sold its Housing Stock for £42 million. To breakdown the £42 million, the Council spent £10 million on affordable housing allocated over the next five years to provide for 100 affordable homes each year. In addition, in 2003 the Council decided to capitalise £17.4 million to have a paid up pension scheme. By paying that money into the pension scheme, had saved the residents of South Hams £600,000 a year, which would have been equivalent to a 15% increase in council tax. The rest of the money was put into the capital programme for projects.

In reply to Cllr Brazil seeking greater details of the housing projects, Cllr Wright confirmed that he would ensure that a summary of the completed housing schemes was circulated to all Members after the meeting.

From Cllr Wright to Cllr Hicks, lead Executive Member for Planning, Economy and Community

(d) Would the Executive Member for Planning, Economy and Community please comment on the article about ‘Our Plan’ in the Gazette newspaper of 19 September?

In reply, Cllr Hicks welcomed the question which would enable him the opportunity to dispel some rumours about the ‘Our Plan’ process and to put right some of the apparent misunderstandings which seemed to be encapsulated in the newspaper article that appeared in the Kingsbridge Gazette on 29 September 2014.

Before talking about misunderstandings, Cllr Hicks wished to talk about the new Local Plan. Firstly, the Local Plan had been enlarged to include other strategic issues that formed an overarching approach to the future of the South Hams district. As a result, the title ‘Our Plan’ had been used and, for clarity, this did include the Local Plan on which the Council was currently working.

- 4 - Cncl 02.10.14

This new plan would eventually replace the LDF and the Connect Strategy that were still current. The Council was obliged by central government to produce a new plan and this would cover the period up to 2031. Clearly, there would need to be revisions at intervals.

In addition, ‘Our Plan’ was different in its approach from the previous plan. It was wider ranging, more detailed, and involved a considerable amount of work by council officers, but it provided an opportunity for more local community involvement in the form of Neighbourhood Plans and through consultation. The preparation of the new plan had been given a timescale that included formal consultation with communities and a number of workshops which enabled the views of Members to be shared. These workshops were not decision making meetings. They were opportunities for the progress made by officers to be shared and discussed with Members to confirm, or otherwise, the direction of travel as the Council went through the process.

In the newspaper article referred to, Cllr Hicks highlighted a number of inaccuracies which he wished to address:

1. The article said: “South Hams District Council is trying to bring in important changes to planning policy through the back door.”

Cllr Hicks response: Not so - South Hams District Council was following the normal process in the production of a plan for the future.

2. The article said: “Workshops in which councillors meet in order to decide how many houses should be built.”

Cllr Hicks response: Not true - no decisions were made workshops, only views were sought and opinions given.

3. The article said: “Decisions should be debated and voted on by councillors in formal meetings.”

Cllr Hicks response: They would be - decisions on the new plan would be made at full Council before submission to a planning inspector.

4. The article said: “It has all been done behind closed doors.”

Cllr Hicks response: This was an emotive statement and untrue. Consultation with Members and the public had and would continue to be carried out throughout the development stages.

5. The article said: “Tens of thousands of houses will be built where we have no infrastructure and jobs to support them.”

Cllr Hicks response: Another emotive statement – the plan covered the period to 2031. There was no way that the council would sanction tens of thousands of houses in that timescale.

6. And finally, the article said: “The whole duty of the planning authority is to provide for the housing need.”

- 5 - Cncl 02.10.14

Cllr Hicks response: As explained already, the development of the plan had to consider many factors and these included: historical information and current trends as well as assessed future aspirations. The whole process was about judgement of the housing need. To suggest that the Council should shelve the development work on the plan until the housing number had been debated and agreed was a complete nonsense. The information needed by the council to make such a decision needed to be evidenced by the preparatory work and that was what the Council would continue to develop.

In conclusion, Cllr Hicks expressed his surprise, and not a little disappointment, that the newspaper did not refer the proposed article to the Council for clarification. In addition, he was equally surprised that the misinformation contained in the article emanated from a South Hams District Councillor.

35/14 NOTICE OF MOTION

It was noted that two motions had been received in accordance with Council Procedure Rule 10.1.

(a) By Cllrs Tucker and Hicks

“This Council calls on the Secretary of State for Transport and the Chancellor of the Exchequer to support the future economic resilience of the South West Peninsula by investing in improved strategic road and rail transport links.

Our area is frequently cut off from the rest of the country because strategic transport links are adversely affected by severe weather, accidents or maintenance works. Efficient transport is critical to ensure essential services function and the economy can grow.

We ask the Government to invest in four key areas to help Devon’s economy:

 Improvements to the A303/A30/A358 to create a reliable second strategic road link from London to the South West Peninsula

 A resilient and reliable railway for the South West Peninsula

 Faster rail journey times and better connections

 Sufficient capacity and quality of our trains (both engines and carriages) to meet demand.”

- 6 - Cncl 02.10.14

In presenting his motion, the proposer made specific reference to the detrimental impact upon a huge number of businesses across the entire South West peninsula in the event of severe weather, accidents or maintenance works. Furthermore, the motion was actively looking at supporting improvements to the infrastructure links into the South West region. Finally, the proposer made reference to the role of the Local Enterprise Partnership (LEP) in this regard. The LEP had been active on this front and had already received grant funding in support of a number of relevant infrastructure improvement schemes.

During discussion, reference was made to-

(a) a minor amendment to the motion was suggested to reinforce the importance of the southern rail route. With regard to the second bullet point of the motion, the following addition was therefore proposed:

‘A resilient and reliable railway for the South West Peninsula that safeguards and reinforces the southern rail route, which is so vital to the South Devon economy.’

In recognising the importance of the railway running through Newton Abbot and Totnes, the proposer and seconder of the motion were agreeable to the amendment being incorporated into the substantive motion;

(b) a further amendment which suggested inclusion of an additional bullet point was proposed and seconded as follows:

‘That aspires to encourage more freight using rail and retains affordable ticket prices to support behavioural change and reduce congestion on the roads.’

In debating the amendment, a number of Members recognised the spirit of its intention. However, the overriding view of the meeting was that the track and facilities were inadequate at present to support the transporting of freight by this means and, coupled with the considerable financial implications, led to a number of Members being unwilling to give their support. When put to the vote, the amendment was declared LOST.

(c) it being long overdue for central government funding to be allocated to the South Hams.

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It was then:

RESOLVED

This Council calls on the Secretary of State for Transport and the Chancellor of the Exchequer to support the future economic resilience of the South West Peninsula by investing in improved strategic road and rail transport links.

Our area is frequently cut off from the rest of the country because strategic transport links are adversely affected by severe weather, accidents or maintenance works. Efficient transport is critical to ensure essential services function and the economy can grow.

We ask the Government to invest in four key areas to help Devon’s economy:

 Improvements to the A303/A30/A358 to create a reliable second strategic road link from London to the South West Peninsula;  A resilient and reliable railway for the South West Peninsula that safeguards and reinforces the southern rail route, which is so vital to the South Devon economy;  Faster rail journey times and better connections;  Sufficient capacity and quality of our trains (both engines and carriages) to meet demand.

(b) By Cllrs Brazil and Baldry

“Under new legislation local planning authorities are now responsible for setting the number of houses to be built in their area per annum. To date SHDC have not set this number. We propose that until we have publically debated this crucial issue, we cease all preparation of the development strategy known as ‘Our Plan’ so that members of the public can see how the level of house building in the South Hams has been calculated.”

In his introduction, the proposer made reference to:-

- his frustrations regarding the housing numbers. Having attended a recent workshop, the proposer felt it was apparent that the numbers had already been determined. The proposer added that it was time for Members to have a greater input into this process and to have a proper look at this issue; - the South Hams Housing Market Needs Assessment. The proposer expressed his concerns that the Market Needs Assessment was being relied upon to establish the housing numbers. These concerns were expressed in light of the proposer having deep reservations in respect of the quality and accuracy of the document;

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- the number of development sites which had been recently built, but yet still had properties unsold. As a consequence, the proposer questioned the extent of the housing need and emphasised the importance of preserving the South Hams area; - the Council being in a position to influence the housing numbers and the need for Members to have a more pro-active role in this process.

In discussion, the following points were raised:-

(a) In echoing the views of the proposer, the seconder also wished to point out that the Council should focus on our local housing need rather than being dictated to by central government. Furthermore, the seconder was of the view that there was a need for greater transparency and openness in this process;

(b) An amendment to the motion was proposed and seconded to read as follows:

‘“Under new legislation local planning authorities are now responsible for setting the number of houses to be built in their area per annum. To date, SHDC have not set this number. Therefore, a joint Member and Officer Group be convened to examine and analyse the issue of house building numbers in the South Hams, so that members of the public can see how the level of house building in the South Hams has been calculated.”

In having some sympathy with the motion, the proposer of the amendment felt that his suggestion would enable for greater Member input into the process of setting house building numbers. The proposer and seconder of the motion were subsequently agreeable to the amendment being incorporated into the substantive motion;

(c) Members recognised the difficulty in establishing an acceptable level of future housing and development;

(d) The importance of the data being accurate and relevant was recognised. Moreover, whilst Members recognised the number of informal Single Topic Discussion Forums which had been convened, a Member felt that it would be beneficial for relevant information to be sent to Members in advance of these sessions;

(e) A Member stressed the importance of having an evidence based adopted Plan and the Council being very vulnerable without one.

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It was then:

RESOLVED

Under new legislation local planning authorities are now responsible for setting the number of houses to be built in their area per annum. To date, SHDC have not set this number. Therefore, a joint Member and Officer Group be convened to examine and analyse the issue of house building numbers in the South Hams, so that members of the public can see how the level of house building in the South Hams has been calculated.

36/14 EXECUTIVE DIRECTOR APPOINTMENTS

The Council considered a report that recommended the appointment of the Executive Director – Service Delivery and Commercial Development.

In presenting the report, the Leader made reference to the lengthy and robust recruitment exercise and wished to propose two amendments to his published agenda report. The first amendment sought to delete the first paragraph in the exempt Appendix A. To reflect the need to act quickly to provide some assurance and certainty to staff, a second amendment sought approval of the following addition:-

‘That the Council delegates authority to the Executive to agree interim senior officer arrangements, including any associated costs, to maintain progress of the current Transformation Programme.’

Both of these amendments were subsequently seconded.

In discussion, the following points were raised:-

(a) Whilst the exact costings were being worked upon, the Leader did confirm that there was a possibility that costs could increase. Assuming that the Council supported the amended recommendation, then the financial implications would be shared with all Members via a report to the Executive;

(b) A Member stressed the considerable investment associated with the T18 Programme and the consequent importance of maintaining its momentum.

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It was then:

RESOLVED

1. That the appointment of the recommended successful candidate for the position of Executive Director – Service Delivery and Commercial Development as detailed in Appendix A be agreed, subject to deletion of the first substantive paragraph, which starts with the word ‘Plus’ and finishes with the word ‘receipts’; and

2. That the Council delegates authority to the Executive to agree interim senior officer arrangements, including any associated costs, to maintain progress of the current Transformation Programme.

37/14 TORRIDGE AND THE FUTURE OPERATING MODEL

The Council considered a report that presented an update on Torridge District Council and the Future Operating Model.

The Leader introduced the report and reiterated that the recommendation only sought to instruct officers to carry out the detailed work to determine the opportunities, financial benefits and risks to the Council, West Devon Borough Council (WDBC) and Torridge District Council (TDC) of forming a partnership to deliver the Future Operating Model in a shared services relationship. The Leader also emphasised that the recommendation was wholly reliant upon similar recommendations being approved by WDBC and TDC.

In discussion, reference was made to:-

(a) A number of Members welcomed this report and felt that it was a further sign of the Council moving in the right direction;

(b) The Leader assured Members that senior managers had confirmed that these detailed works were manageable and would not impact upon the progress of the T18 Programme.

It was then:

RESOLVED

That officers be instructed to formally consider the option of working with Torridge District Council to implement a combined future operating model in order to bring a report back to Council in December 2014 for a final decision. In so doing, officers will create a:

a. refined business case; b. detailed analysis of the benefits and risks; c. governance arrangements; and d. timetable for implementation. - 11 - Cncl 02.10.14

38/14 BUSINESS RATES POOLING

The Council considered a report that recommended that the Council withdraw from the membership of the Devon Business Rates Pool for the financial year 2015/16.

The lead Executive Member for Support Services introduced the report and emphasised the considerable financial losses which the Council would incur if it did not follow this course of action.

In discussion, a number of Members expressed their support for this proposal.

It was then:

RESOLVED

That the Council withdraws from the Devon Business Rates Pool for the financial year 2015/16 and that the Devon Pooling partners be formally notified accordingly.

39/14 POLLING DISTRICTS / POLLING PLACES REVIEW

The Council considered a report that informed that the 2014 review had taken place and identified that the current Polling District Polling Places Order needed to be revised to reflect the recommendations of the Local Government Boundary Commission for England on the district ward boundaries.

It was then:

RESOLVED

That the Polling Districts and Polling Places (as set out in the Schedules in Appendices A and B to the presented agenda report) be approved.

40/14 THE OPENESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014

A report was considered that informed the Council of the implications arising from the adoption of the Openness of Local Government Bodies Regulations 2014.

In discussion, reference was made to:-

(a) the need for the Council to maintain its own record of meetings in order to safeguard Members and Officers. In agreeing with this point, the lead Executive Member advised that appropriate tape recording equipment was in the process of being purchased and it remained his view, that the principle of webcasting public meetings should now be re-considered;

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(b) increasing awareness of the decision making process. In support of the intentions of the regulations, a Member felt that these measures would both increase public awareness and understanding of the democratic process.

It was then:

RESOLVED

1. That the Council Constitution be amended to reflect the Regulations whereby the press and public are now able to film and to report, using social media including blogging or tweeting, public meetings of the Council and its Member Bodies; and

2. That the Monitoring Officer be given delegated authority, in consultation with the lead Executive Member for Corporate Services, to develop a process by which decisions taken by officers on behalf of the Council are formally recorded and published. 3.

41/14 DEVELOPMENT MANAGEMENT COMITTEE COMPOSITION

The Council considered a report that sought to amend the composition of the Development Management Committee for the remainder of the 2014/15 Municipal Year.

Members of the Development Management Committee wished to put on record their thanks to Cllr Coulson for his informed contributions and for being a valued Member of the Committee.

It was then:

RESOLVED

That with immediate effect and for the remainder of the 2014/15 Municipal Year, Cllr J A Pearce replaced Cllr P Coulson as a Member of the Development Management Committee.

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42/14 SCRUTINY ANNUAL REPORT

The Council considered a report that advised of the workings of Overview and Scrutiny during the 2013/14 Municipal Year.

It was then:

RESOLVED

That the work undertaken by Overview and Scrutiny during the 2013/14 Municipal Year be noted and that it be acknowledged that Members have been given the opportunity to comment on the current work programmes of the three Scrutiny Panels.

43/14 REPORTS OF BODIES

RESOLVED

That the minutes and recommendations of the undermentioned bodies be received and approved subject to any amendments listed below:-

(a) Development Management Committee 11June 2014

(b) Community Life & Housing Scrutiny Panel 19 June 2014

(c) Economy & Environment Scrutiny Panel 26 June 2014

(d) Corporate Performance & Resources Scrutiny Panel 3 July 2014

(e) Development Management Committee 9 July 2014

(f) Salcombe Harbour Board 14 July 2014

(g) Executive 24 July 2014

E.12/14: Connect Strategy and Priority Action Plan Update 2014-15

RESOLVED

That the Connect Strategy annual update for 2014-15 be approved and adopted.

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E.14/14: Car Parking Tariff Review in Kingsbridge

RESOLVED

That the following amendments be made to car parks in Kingsbridge:

 That charges be put in place from 8.00am to 8.00pm and that the overnight charge be eliminated;  That Tariffs (as detailed in appendix 1 of the presented agenda report) be implemented; and  That coach parking fees be eliminated.

(h) Audit Committee 31 July 2014

A.13/14: System of Internal Control and Annual Governance Statement 2013/14

RESOLVED

That the Constitution be amended in accordance with the proposals outlined in paragraphs 3.36 and 3.38 of the presented agenda report.

(i) Development Management Committee 6 August 2014

(j) Development Management Committee 3 September 2014

(k) Economy & Environment Scrutiny Panel 4 September 2014

(l) Executive 11 September 2014

E.23/14: Car Parking Tariff Review in Totnes

RESOLVED

1. That tariffs as detailed in Appendix 1 of the presented agenda report be implemented in car parks in Totnes; and

2. That the South Hams District Council’s Off Street Parking Places Order be updated to reflect the changes.

E.24/14: Review of Off Street Parking Places Order in Beesands

RESOLVED

1. That due to issues of vehicles parking inappropriately in Beesands, parking on the village green be restricted to those vehicles parking with the express permission of South Hams District Council only; and

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2. That the South Hams District Council’s Off Street Parking Places Order be updated to reflect this change.

E.25/14: Car Parking Tariff Review in Hope Cove

RESOLVED

1. That tariffs as detailed in paragraph 2.4 of the presented agenda report be implemented in the car park in Hope Cove; and

2. The South Hams District Council’s Off Street Parking Places Order be updated to reflect the changes.

E.26/14: Medium Term Financial Strategy

RESOLVED

1. That the following ‘minded to’ views have been considered in order to guide the 2015/16 budget process:

 That in light of the projected T18 savings, Members are ‘minded to’ not increase Council Tax for 2015-16 at this stage;  That the New Homes Bonus should be used to support the Revenue Budget for 2015-16 unless other ways to support the budget arise in the meantime;  That a 10% reduction in Council Tax Support Grant be passed on to town and parish councils as shown in Appendix D of the presented report; and  That other budget savings be looked for and considered; and

2.That the Council’s policy should be set to a minimum level of unearmarked general fund revenue revenue reserves of £1.5 million.

E.28/14: Report of Other Bodies

a) Economy and Environment Scrutiny Panel – 4 September 2014

i) EE.17/14 Review of Provision and Maintenance of SHDC Fleet

RESOLVED

That Option 2 as set out in paragraph 3.1 of the presented agenda report be implemented.

(NOTE: in accordance with Council Procedure Rule 15.6, Cllr Hodgson requested that her vote against this recommendation be formally recorded). - 16 - Cncl 02.10.14

(m) Community Life & Housing Scrutiny Panel 11 September 2014

(n) Audit Committee 18 September 2014

A.20/14: Internal Audit – Revision of and Progress against the 2014/15 Plan

With regard to the Committee recommendation, a number of Members were in total support and felt that, to ensure continuity and retention of corporate knowledge, there was a need for the Council and West Devon Borough Council to make representations in an attempt to retain Grant Thornton as the choice of External Auditor.

RESOLVED

That representations be sent to the Audit Commission which outline the Council’s deep reservations regarding the recommendation to no longer appoint Grant Thornton as the Council’s External Auditor.

(Meeting commenced at 2.00 pm and concluded at 4.10 pm)

______Chairman

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