South Hams Council

Title: Agenda

Date: Thursday, 6th December, 2018

Time: 10.00 am

Venue: Council Chamber - Follaton House Full Members: Chairman Cllr Holway Vice Chairman Cllr Rowe Members: Cllr Baldry Cllr Hitchins Cllr Bastone Cllr Hodgson Cllr Birch Cllr Hopwood Cllr Blackler Cllr May Cllr Bramble Cllr Pearce Cllr Brazil Cllr Pennington Cllr Brown Cllr Pringle Cllr Cane Cllr Saltern Cllr Cuthbert Cllr Smerdon Cllr Foss Cllr Steer Cllr Gilbert Cllr Tucker Cllr Green Cllr Vint Cllr Hawkins Cllr Wingate Cllr Hicks Cllr Wright

Interests – Members are reminded of their responsibility to declare any Declaration and disclosable pecuniary interest not entered in the Authority's Restriction on register or local non pecuniary interest which they have in any Participation: item of business on the agenda (subject to the exception for sensitive information) and to leave the meeting prior to discussion and voting on an item in which they have a disclosable pecuniary interest.

Committee [email protected] administrator: Page No

1. Minutes 1 - 18 to approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Council held on 27 September 2018;

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 ‘Business Brought forward by the Chairman’);

3. 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;

4. 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;

5. Chairman's Engagements

6. Business Brought Forward by the Chairman to consider business (if any) brought forward by the Chairman;

7. Exclusion of Public and Press - to consider the following resolution to exclude the public and press:-

“That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items of business in order to avoid the likely disclosure to them of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act”;

8. Frontline Services (Waste & Cleansing Procurement) 19 - 66

9. Re-admittance of Public and Press

10. South West Mutual Bank Proposal 67 - 160 Page No

11. Heart of the South West Joint Committee Update 161 - 176

12. Political Composition and Council Appointments 177 - 182

13. Questions to consider the following question received in accordance with Council Procedure Rule 8;

(a) From Cllr Brazil to Cllr Wright, Deputy Leader of Council

‘How much has the Council spent on outside consultants since May 2015?

(b) From Cllr Brazil to Cllr Wright, Deputy Leader of Council

‘How much has the Council spent on outside legal advice since May 2015?’

(c) From Cllr Brazil to Cllr Wright, Deputy Leader of Council

‘How much has the Council spent on outside architects or other planning professionals since May 2015?’

(d) From Cllr Brazil to Cllr Wright, Leader of Council

‘How much has the Council spent on agency staff since May 2015?’

14. Notice of Motion to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1;

(a) By Cllrs Wright and Pearce

‘This Authority urges the Government to consider the removal of 100% Business Rate Relief on the letting of self-catering holiday homes. The Government’s present approach has a serious financial impact on local authorities with a high volume of Holiday Home Lettings. This Authority should continue lobbying to have the Relief removed.’

(b) By Cllrs Birch and Brazil Page No

‘This Council welcomes the consultation being undertaken by the Ministry of Housing, Communities and Local Government in respect of the review of tax rules for second-homes and resolves to respond by the closing date on 16 January 2019.

In making its response, the Council will include the following:

At a time when local authorities in Devon are struggling to maintain public services and balance their budgets, a vast sum of money is lost each year due to a tax loophole available to owners of second homes and/or holiday lets in the county.

If the owners of second homes declare that they make their property available for holiday accommodation for at least 140 days out of the year, they don’t have to pay Council Tax and can be registered for Business Rates instead.

In the event of the rateable value on the property being less than £12,000, the owners are exempt from paying both Business Rates and Council Tax.

Records show that there are 1,358 business rated properties in the South Hams that fall into the category of holiday lets or second-homes. If the owners of each property paid their full share of Council Tax, a total of £2.47 million would flow into SHDC, Devon County Council and the Emergency Services, such as Fire and Police. SHDC’s share of the total would be around £223,000.

In order to close this tax loophole and, in recognition of the local government services provided for the benefit of the occupants of holiday lets or second homes, this Council calls upon the government to introduce legislation requiring such properties to pay 100% Council Tax.’

(c) By Cllrs Green and Hodgson

‘This Council:

- Welcomes the steps taken in Parliament to encourage more women and a greater diversity of people to become involves in politics; - Recognises the importance of Councillors on South Hams District Council coming from a wide diversity of backgrounds; and - Accepts that the present low level of the allowances made to Councillors could act as a barrier to some groups, of people deciding to stand for election. Page No

Therefore, from May 2019, the Basic Allowance given to Councillors will be set at £10,000 per year, rising annually by the Retail Price Index.

(NOTE. that an alternative recommendation that I would also accept is for an additional allowance of up to £5,000 per year to be provided on top of the existing allowance (rising in line with the Retail Price Index) to Councillors who self-certify that their annual income including the allowance remains below £18,000 per year AND they have unencumbered assets of less than £100,000.’

(d) By Cllrs Green and Hodgson

‘It has been recognised that at present SHDC Officers do not have the capacity to monitor the implementation of environmental mitigation measures that are specified as conditions in planning approvals. The requirement for mitigation measures being put in place is often fundamental to Councillors giving approval for developments and there is concern that, without a significant increase in monitoring, many mitigation measures will not be implemented. Therefore, the Council will recruit a full-time Officer to be responsible for checking on the implementation of environmental mitigation conditions specified in planning approvals and helping to enforce compliance.’

(e) By Cllrs Hodgson and Green

‘This Council notes that:

1. Humans have already caused irreversible climate change, the impacts of which are being felt around the world. Global temperatures have already increased by 1 degree Celsius from pre-industrial levels. Atmospheric CO2 levels are above 400 parts per million (ppm). This far exceeds the 350ppm deemed to be a safe level for humanity;

2. In order to reduce the chance of runaway Global Warming and limit the effects of Climate Breakdown, it is imperative that we as a species reduce our CO2eq (carbon equivalent) emissions from their current 6.5 tonnes per person per year to less than 2 tonnes as soon as possiblei;

3. Individuals cannot be expected to make this reduction on their own. Society needs to change its laws, taxation, Page No

infrastructure, etc., to make low carbon living easier and the new norm;

4. Carbon emissions result from both production and consumption;

5. South Hams District Council has already shown foresight and leadership when it comes to addressing the issue of climate change and has recognised this in its strategies, actions plans, public statements and advice to businesses, residents and parish councils;

6. Unfortunately, our current plans and actions are not enough. The world is on track to overshoot the Paris Agreement’s 1.5 degrees Celsius limit before 2050;ii

7. The IPCC’s Special Report on Global Warming of 1.5 degrees Celsius, published last month, describes the enormous harm that a 2 degrees Celsius rise is likely to cause compared to a 1.5 degrees Celsius, and told us that limiting Global Warming to 1.5 degrees Celsius may still be possible with ambitious action from national and sub- national authorities, civil society, the private sector, indigenous peoples and local communities;iii

8. Local Authorities around the world are responding by declaring a ‘Climate Emergency’ and committing resources to address this emergency.iv

This Council believes that:

1.All governments (national, regional and local) have a duty to limit the negative impacts of Climate Breakdown, and local governments that recognize this should not wait for their national governments to change their policies. It is important for the residents of Devon and the UK that counties commit to carbon neutrality as quickly as possible;

2.Local Authorities are uniquely placed to lead the world in reducing carbon emissions;v

3. The consequences of global temperature rising above 1.5 degrees Celsius are so severe that preventing this from happening must be humanity’s number one priority; and,

4. Bold climate action can deliver economic benefits in terms of new jobs, economic savings and market opportunities (as well as improved well-being for people worldwide).

This Council calls on the Leader to: Page No

1. Declare a ‘Climate Emergency’;

2. Pledge to make the district of South Hams carbon neutral by 2030, taking into account both production and consumption emissions (scope 1,2,3);vi

3. Call on Westminster to provide the powers and resources to make the 2030 target possible;

4. Work with other governments (both within the UK and internationally) to determine and implement best practice methods to limit Global Warming to less than 1.5 degrees Celsius;

5. Continue to work with partners across the county and region to deliver this new goal through all relevant strategies and plans;

6. Report to Full Council within six months with the actions the Council will take to address this emergency.

References:

Fossil CO2 & GHG emissions of all world countries, 2017 http://edgar.jrc.ec.europa.eu/overview.php?v=CO2andGHG1970-2016&dst=GHGpc

2 World Resources Institute: https://www.wri.org/blog/2018/10/8-things-you-need-know- about-ipcc-15-c-report

3 The Intergovernmental Panel on Climate Change (IPCC)’s Special Report on Global Warming of 1.5 degrees Celsius: https://www.ipcc.ch/report/sr15/

4 For example Bristol and Manchester City Councils: https://www.businessgreen.com/bg/news/3066475/bristol-and-manchester-unveil-fresh- plans-to-tackle-climate-emergency Also US cities, Berkley: https://www.theclimatemobilization.org/blog/2018/4/25/hoboken- resolves-to-mobilize And the C40 cities: https://www.c40.org/other/deadline

5ICLEI – Local Governments for Sustainability, provides many examples of good practice, models and toolkits for Climate Change Adaptation and Urban Resilience: http://iclei- europe.org/topics/climate-change-adaptation-urban-resilience/

6 Scope 1,2 and 3 of the Greenhouse Gas protocol explained: https://www.carbontrust.com/resources/faqs/services/scope-3-indirect-carbon-emissions

(f) By Cllrs Green and Hodgson

‘This Council will write to Sarah Wollaston MP and the Secretary of State for Work & Pensions requesting that the roll-out of Universal Credit is paused whilst amendments are made.

Without the needed vital changes, it is highly likely that Page No

Universal Credit will have a significant detrimental impact on many residents & families in the South Hams, including those with severe disabilities.

The recent Secretary of State for Work & Pensions, Esther McVey, acknowledged that many people would be financially worse off as a result of their existing benefits being consolidated into one payment.’

15. Reports of Bodies to receive and as may be necessary approve the minutes and recommendations of the under-mentioned Bodies

* Indicates minutes containing recommendations to Council

(a) Salcombe Harbour Board * - 17 September 2018 183 - 190

(b) Development Management Committee - 3 October 2018 191 - 196

(c) Overview & Scrutiny Panel - 4 October 2018 197 - 204

(d) Audit Committee - 11 October 2018 205 - 212

(e) Overview & Scrutiny Panel - 1 November 2018 213 - 222

(f) Development Management Committee * - 7 November 223 - 238 2018

(g) Licensing Committee * - 8 November 2018 239 - 242

(h) Executive * - 22 November 2018 243 - 256 MINUTES OF THE MEETING OF THE SOUTH HAMS DISTRICT COUNCIL HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY 27 SEPTEMBER 2018

MEMBERS

* Cllr T R Holway – Chairman

* Cllr R Rowe – Vice-Chairman

* Cllr K J Baldry * Cllr N A Hopwood * Cllr H D Bastone * Cllr J M Hodgson * Cllr J P Birch Ø Cllr E D Huntley * Cllr J I G Blackler * Cllr D W May * Cllr I Bramble * Cllr J A Pearce * Cllr J Brazil * Cllr J T Pennington * Cllr D Brown * Cllr K Pringle * Cllr B F Cane Ø Cllr M F Saltern Ø Cllr P K Cuthbert * Cllr P C Smerdon * Cllr R J Foss * Cllr R C Steer * Cllr R D Gilbert * Cllr R J Tucker * Cllr J P Green * Cllr R J Vint * Cllr J D Hawkins * Cllr K R H Wingate * Cllr M J Hicks * Cllr S A E Wright Ø Cllr P W Hitchins

* Denotes attendance Ø Denotes apology for absence

Officers in attendance and participating: For all items: Head of Paid Service; Section 151 Officer; Group Manager – Commercial Services; Deputy Monitoring Officer; Group Manager – Business Development; Community Of Practice Lead – Place and Strategy; and Senior Specialist – Democratic Services

27/18 MINUTES

The minutes of the annual meeting of Council held on 17 May 2018 and the special meeting of Council held on 26 July 2018 were both confirmed as a correct record and signed by the Chairman.

28/18 BUSINESS BROUGHT FORWARD BY THE CHAIRMAN

The Chairman highlighted that his Civic Service would take the form of a Christmas Carol Service. As a result, Members were asked to make a note in their diaries of the intention for this Service to be held at Ugborough Church on the afternoon of Sunday, 16 December 2018.

29/18 DECLARATIONS OF INTEREST

Members and officers 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 P C Smerdon declared a personal interest in Item 13(h): ‘Reports of Bodies: Executive – 13 September 2018’ Minute E.36/18 (iv)(b) Community Funding (Minute 36/18(h) below refers) and specifically part 1 of the recommendation by virtue of being a Council appointed representative and trustee of the South Hams Community and Voluntary Service (CVS). Having sought the advice of the Council’s Monitoring Officer, Cllr Smerdon advised that he would make an introductory statement before leaving the meeting room during the debate and vote on this item; and

Cllr K Pringle also declared a personal interest in Item 13(h): ‘Reports of Bodies: Executive – 13 September 2018’ Minute E.36/18 (iv)(b) Community Funding (Minute 36/18(h) below refers) and specifically part 1 of the recommendation by virtue of being a Council appointed representative of the South Hams CVS and remained in the meeting and took part in the debate and vote thereon.

Cllrs D Brown, J P Green and J D Hawkins each declared a personal interest in Item 13(h): ‘Reports of Bodies: Executive – 13 September 2018’ Minute E.36/18 (iv)(b) Community Funding (Minute 36/18(h) below refers) and specifically part 2 of the recommendation. Cllrs Brown and Green both declared their interests by virtue of being the two Council appointed representatives on the South Devon Area of Outstanding Natural Beauty Partnership Committee. Cllr Hawkins declared his interest by virtue of being the Devon County Council appointed representative on the Committee. All three Members remained in the meeting and took part in the debate and vote thereon.

30/18 COMMERCIAL PROPERTY STRATEGY

Consideration was given to a report that sought to adopt the draft Commercial Property Strategy.

During his introduction, the Leader of the Council reminded those in attendance that the draft Strategy had been considered by the Overview and Scrutiny Panel and Audit Committee at their respective meetings on 6 September 2018. The Leader advised that both meetings had made a series of suggested revisions to the draft Strategy and these had been reflected in the version that was being recommended for approval at this meeting.

In the ensuing discussion, reference was made to:-

(a) an additional recommendation was PROPOSED and SECONDED that read as follows:

‘That, before a final decision to proceed with a development or acquisition is made, local Ward Members will be briefed and be able to share their views with Executive Members.’

In introducing his addition, the proposer felt that increased emphasis should be given in the process to local Ward Members and that there was a current lack of recognition of the need for these Members to report back to their local town and parish councils and communities. During the debate, the proposer and seconder of the original motion confirmed that they were happy to accept this addition and it was therefore included as part of the substantive motion;

(b) a further addition to the recommendation was then PROPOSED and SECONDED as follows:

‘That there will be a mechanism for Commercial Property decisions made by the Executive to be called-in by the Overview and Scrutiny Panel using the existing Overview and Scrutiny Procedure Rules.’

The proposer of the addition introduced his amendment and felt that, when considering the potential sums of money involved, any decisions that fell within the Strategy (regardless of whether they were defined as being ‘Development on Council Owned Land’ or ‘Commercial Property Acquisitions in the South Hams’) should be able to be called-in. Furthermore, other Members expressed their support for the addition and highlighted that this amendment was reflective of the significant public concern over the proposals.

Other Members spoke in opposition to the amendment and cited reasons that included:

- the call-in provision would already be in place for those decisions defined as being ‘Development on Council Owned Land’; - in most instances, decisions relating to ‘Commercial Property Acquisitions in the South Hams’ required a very quick response. As a result, in the event of a call-in being invoked, it was highly likely that the Council would miss out on the opportunity to acquire a property; and - the inclusion of the additional recommendation whereby, before any final decision was made to proceed, local Ward Members would be briefed and able to make their views known to the Executive Members.

When put to the vote, the amendment was declared LOST.

(c) the views of the Overview and Scrutiny Panel and Audit Committee. A number of Members acknowledged that the revised draft Strategy had taken into account the views expressed by both Member Bodies. As a consequence, these Members felt that they were now able to support the proposals.

It was then:

RESOLVED

1. That the Commercial Property Strategy (as outlined at Appendix A of the presented agenda report) be adopted;

2. That a total borrowing limit be set at £60 million for the Commercial Property Strategy (capped at no more than £30 million borrowing before 30 April 2019); 3. That the authority and decision making function relating to ‘Development on Council Owned Land’ be delegated to the Executive (assuming that the proposed expenditure complies with the Council approved total borrowing limits). (NB. this delegation includes the granting of associated leases in excess of 15 years as and when required);

4. That the authority and decision making function relating to ‘Commercial Property Acquisitions in the South Hams’ be delegated to the Head of Paid Service and Section 151 Officer, in consultation with Members of the Executive (as detailed in Appendix A of the presented agenda report);

5. That, when the Council acquires a Commercial Property in line with this Strategy, a report will be presented (for noting purposes) to the subsequent meeting of the Executive;

6. That, with immediate effect, the Investments Member Working Group be disbanded; and

7. That, before a final decision to proceed with a development or acquisition is made, local Ward Members will be briefed and be able to share their views with Executive Members.

31/18 MEDIUM TERM FINANCIAL STRATEGY FOR 2019/20 TO 2023/24

The Council was presented with a report that outlined its Medium Term Financial Position to 2023/24.

In discussion, reference was made to:-

(a) the Business Rates Pilot Scheme. By way of an update regarding the unfairness that those local authorities that were located in London did not have to re-apply for Pilot status for 2019/20, the Deputy Leader informed that he had already spoken to one of the local MPs and he would also be contacting the other local MP to express his frustrations;

(b) Negative Revenue Support Grant. Whilst early indications were suggesting that the Government was intending to eliminate Negative Revenue Support Grant for 2019/20, it was noted that there were no guarantees beyond that year;

(c) the use of New Homes Bonus funding to support the revenue base budget. Although noting that it was purely for modelling purposes at this time, some Members still felt this proposal to be regrettable and were of the view that all of these monies should be re-invested to help those local communities that had received recent development. In reply, other Members highlighted the financial pressures faced by the Council due to the loss of Revenue Support Grant to the Council and the fact that a proportion of these monies had been transferred to the New Homes Bonus funding source; (d) the Pension Fund. In response to a question, it was noted that Devon County Council was the Administering Authority for the Fund and the District Council therefore had no control over investment decisions;

(e) reviewing the Green Book. The view was expressed that any proposed review would require careful management to ensure that staff morale was maintained.

It was then:

RESOLVED

1. That the forecast budget gap for 2019/20 of £0.638 million and the position for future years be noted;

2. That the current options identified and timescales for closing the budget gap in 2019/20 and future years to achieve long- term financial sustainability be noted;

3. That the Council set the strategic intention to raise Council Tax by the maximum allowed in any given year, without triggering a Council Tax Referendum, to enable continued delivery of services. (NB. the actual Council Tax for any given year will be decided by the Council in the preceding February);

4. That an application be submitted for Pilot status for 2019/20, with agreement being given to a 40% District / 34% Devon County Council / 1% Fire split for the 75% scheme. In the event of the Bid not being successful, it was agreed that the Council should remain part of the Devon Business Rates Pool for 2019/20;

5. That Central Government and Devon MPs be actively lobbied to support a 2019/20 Devon Pilot bid;

6. That the Government, Devon MPs and other sector bodies (such as the District Councils Network and the Rural Services Network) be actively lobbied and engaged with for a realistic business rates baseline to be set for the Council for 2020 onwards;

7. That the Council respond to the technical consultation in support of the Government eliminating Negative Revenue Support Grant and continue to lobby for Rural Services Delivery Grant allocations that adequately reflect the cost of rural service provision;

8. That, for modelling purposes, £500,000 of New Homes Bonus funding be used to fund the revenue base budget, with this being reduced to £400,000 by 2020/21 and £250,000 by 2021/22; 9. That the annual level of contributions to Earmarked Reserves (£722,300 as per Appendix E of the presented agenda report) and the adequacy of the existing level of Unearmarked Reserves (£1.8 million) and Earmarked Reserves (£8.3 million) be reviewed by Members as part of the Budget setting process. (This will assess the adequacy of Reserves levels, in light of future plans and pressures);

10.That the Council takes specialist pension advice on the options for the Council’s Pension position (informing the actuarial valuation), with the aim of reducing the current deficit contributions, increasing affordability, whilst best managing the pension deficit. It is also recommended that the Council has early dialogue with Devon County Council and the actuaries with regards to the Council having an input into the actuarial assumptions used for the 2019 Actuarial Valuation. (Options will be taken back to the Council’s Audit Committee in January 2019 to consider);

11.That an Upper Limit on External Borrowing (for all Council services) be set as part of the Medium Term Financial Strategy of £75 million (as set out at Exempt Appendix G of the presented agenda report); and

12.That the Council continue with the Local Government Terms and Conditions of Employment Green Book for at least 2019/20. That officers review all options for reducing staff costs by varying terms from the Green Book from 2020/21, with an initial report back by the end of 2018/19.

32/18 PUBLIC TOILET PAY ON ENTRY CONTRACT AWARD

Members considered a report that presented the outcome of the Pay on Entry Procurement Exercise.

In discussion, reference was made to:-

(a) the consultation exercise with town and parish councils. The lead Executive Member advised that discussions had been held with those potentially affected town and parish councils and the consultation exercise was due to conclude on 28 September 2018. Following the conclusion of this exercise, assurances were given that local Ward Members would be consulted before any final decisions were taken;

(b) there being total flexibility (without any penalties) within the proposed contract. In addition to these assurances being given, officers also confirmed that the underpinning business cases would include income and expenditure information, including potential costs relating to maintenance, control units and vandalism.

It was then: RESOLVED

1. That the recommendation to award the contract for the provision and installation of Public Toilet Pay on Entry Equipment to the highest scoring bidder (‘Bidder B’) be approved; and

2. That any changes considered necessary to the terms, or type of equipment used at each facility, be delegated to the Environment Services Community Of Practice Lead, in consultation with the lead Executive Member for Commercial Services.

33/18 SOUTH DEVON AONB MANAGEMENT PLAN REVIEW 2019/24 CONSULTATION DRAFT

Members were presented with a report that outlined the process of the review of the Management Plan for the South Devon AONB and the issues identified for consideration within this review.

During discussion, it was confirmed that the imminent ‘Call for Evidence’ with respect to the Designated Landscapes Review would include the ability to review the existing AONB boundaries.

It was then:

RESOLVED

1. That the content of the Consultation Draft of the Management Plan be noted;

2. That Members send any comments to the Community Of Practice Lead for Place Making for incorporation into a forma Council consultation response before the end of October 2018;

3. That authority be delegated to the Community Of Practice Lead for Place Making to finalise the content of the formal Council consultation response; and

4. That it be noted that the final Management Plan for 2019/24 will be brought to Council for adoption in early 2019.

34/18 QUESTIONS

It was noted that eight questions had been received in accordance with Council Procedure Rule 8.

From Cllr Baldry to Cllr Bastone, lead Executive Member for Customer First (a) ‘According to a report in the local press, new Housing Benefit claimants in the South Hams had to wait more than 3 weeks (23 days) for their claims to be processes. The figures are for April 2017 to March 2018. This is worse than the British average and exceeds the legal requirement for claims to be processed within 2 weeks.

Would the Executive Member comment on the figures please? Housing Benefit / Universal Credit is not a luxury that people can wait for.’

In response, Cllr Bastone stated that the report in the local press had been produced by a national charity and distributed to all local press agencies across the country and the article did contain a number of inaccurate facts. Unfortunately, Cllr Bastone advised that our local press had not contacted the Council for comment or had shared the article with the Council ahead of publication.

Cllr Bastone proceeded to inform that the national target for the processing of New Claims for Housing Benefit was 24 days. Therefore, he was pleased to reassure the Council that processing times were within target during the period stated. Furthermore, the service in the last two months had been less than 21 days, which equated to top quartile performance for New Claim processing. Whilst there was not a legal requirement to process claims within two weeks, it was acknowledged that there was a historic Performance Indicator.

Finally, Cllr Bastone had received assurances from the Community Of Practice Lead for Housing, Revenues and Benefits that there were sufficient safeguards in place to ensure that cases were prioritised in the event of there being a genuine threat of homelessness.

From Cllr Birch to Cllr Tucker, Leader of Council

(b) ‘What research has been carried out in respect of the building of affordable social rented housing by the Council and, if such research has been carried out, when will its findings be shared with Members? Who has carried out the research on behalf of the Council?

Cllr Tucker replied that the Place Making Team had not looked at the council building Social Rented housing. The Assets team were looking into the feasibility of a small Social Rented housing scheme, factoring in the economics of cost savings on rehousing resident’s currently occupying temporary Bed & Breakfast accommodation.

In addition, Cllr Tucker informed that the whole of the south west had been included in the recent announcement by the government to be eligible for funding from Homes England to deliver Social Rent in High Value areas. Enabling officers were asking RP’s to deliver Social Rent on Section 106 schemes where possible. This was a recent announcement and therefore we were yet to see where this could be delivered. This would also be factored in to the SPD which was currently being written. A supplementary question was raised by Cllr Birch that sought assurances that the background research would be shared with the wider membership. In response, Cllr Tucker confirmed that, as and when sites came forward, local Ward Members would be kept fully informed. Cllr Tucker also made the point that, at the time when formal approval was required, all Members would have access to the published Executive agenda papers.

From Cllr Birch to Cllr Bastone, lead Executive Member for Customer First

(c) ‘‘What fresh initiatives are planned by the Council to reduce the current Housing Waiting List which stands at 1,635?

Cllr Bastone replied that the questioner would be aware that the Council currently operated an open waiting list and, therefore, anyone could apply to join.

Of those 1,635 households on the register, Cllr Bastone asked the Council to note that 860 were categorised as having no housing need. The Council was reminded that a recommendation to continue registering applicants with no housing need was approved by Members twelve months ago, as this category was particularly pertinent in rural areas where local connection overrode housing need because of the Section 106 criteria.

As a result, the Housing Register was made up of 775 applicants who were deemed to be in Housing Need.

Cllr Bastone then advised that the Council’s 2018 Homeless Strategy Action Plan outlined the initiatives that the Council had launched or continued during this Financial Year. No housing issue was a standalone issue and, as a consequence, Cllr Bastone stated that all of the actions in the Plan were designed to impact on reducing homelessness, increasing homelessness prevention and therefore reducing the high demand from people in Housing Need on the Housing Register. Some of these key initiatives included:

- The re-launch of Direct Lets as Seamoor Lettings, with a target to increase the number of properties being let by 10. This scheme was designed to offer an affordable alternative to social housing in a district where private rents were disproportionately high;

- The continued delivery of money advice to enable as many people as possible to sustain their current tenancies and therefore reduce the need for people to move;

- The continued delivery of tenancy support for the same purpose;

- The development of a Landlord Forum to improve partnership working with the private rented sector and increase the number of affordable private rented properties available; - To improve partnership working with partnership agencies (such as Children’s Services) to improve early interventions and reduce crisis situations from arising that could lead to a housing need;

- To work with young people in schools to promote housing education;

- To improve internal partnership working to ensure that all potential housing options were being considered for vulnerable households in forums such as the Disabled Adapted Needs Panel; and

- The Waiting List was reviewed on a quarterly basis to review applicants that were not bidding, not logging on or were regularly refusing properties to ensure that these applicants wished to remain on the Register and to check whether any additional support was required.

In addition to the above, Cllr Bastone advised that, the Joint Local Plan, once adopted, would include the Village Housing Initiative as a Policy for Exception Sites, which was previously an initiative. Cllr Bastone also noted that other issues that were being considered included the provision of self / custom build (linked to the Community Housing Programme), a self-build scheme for ex-service personnel similar to the Nelson Project in Plymouth, the provision of Mortgages aimed at enabling tenants to purchase on the open market and modular build methods. In his concluding comments, Cllr Bastone stated that these initiatives would, in turn, release affordable rented accommodation which would be re-let to those on the waiting list, working with Devon County Council to seek accommodation for those applicants with specific needs.

Whilst not directly related to the question, Cllr Bastone also wished to extend his congratulations to the Benefits Team who had recently been judged as the Council’s ‘Team of the Year’ at the recent staff recognition awards.

In responding to a supplementary question regarding the percentage of New Homes Bonus monies that were invested in initiatives to reduce the Waiting List numbers, Cllr Bastone informed that he would provide an answer in writing to Cllr Birch outside of this meeting.

From Cllr Birch to Cllr Bastone, lead Executive Member for Customer First

(d) ‘What is the Council’s target for the provision of affordable social rented housing in the South Hams for the years 2018/19 and 2019/20?’

In his response, Cllr Bastone informed that the number of social rented properties was difficult to predict as this had recently been announced as a tenure which could receive grant. It was intended that officers would be meeting with Homes England to see how the Council could increase the delivery of Social Rent with Registered Providers who operated in this area. Cllr Bastone proceeded to advise that, since this funding was a recent announcement, for the years stated there would be zero social rented properties as planning permission would have been granted for the properties that were in the pipeline. However, Cllr Bastone asked for it to be noted that previously the Government aimed all affordable housing at Affordable Rent tenure and did not allow for rents to increase but to reduce.

It was intended that the emerging Joint Local Plan Supplementary Planning Document would allow for a percentage of Social Rented accommodation. Without grant, Cllr Bastone stated that the economic viability of a development would support a lower proportion of Social Rented than Affordable Rented (as the rental levels were lower) and, as such, Members could have the difficult decision of a higher number of Affordable Rented accommodation or a lower number of Social Rented accommodation depending on the viability. In addition, officers would be requesting that developers and their partners present both options to Members (where possible) for a decision to be made.

Affordable Rented and Intermediate Home Ownership figures that were brought forward with Registered Providers through Section 106 obligations were as follows:

- Affordable Homes delivered in 2017/18 = 160; - Projected Affordable Home completions for 2018/19 = 96; and - Projected Affordable Home completions for 2019/20 = 301.

In responding to a supplementary, Cllr Bastone reaffirmed some of the points raised in his initial answer and confirmed that each of his responses would be forwarded to all Members outside of this meeting.

From Cllr Birch to Cllr Bastone, lead Executive Member for Customer First

(e) ‘In respect of the numbers provided in response to the previous question, how many is it anticipated will be provided by:

- The Community Housing Strategy; - Registered Providers; and - Developers pursuant to Section 106 Agreements?’

Cllr Bastone replied by referring to his previous response (as outlined above) for the details pertaining to Registered Providers and Section 106 properties.

Specifically with regard to Community Housing, the five year projections (for units) was as per the table below:

2018 2019 2020 2021 2022 Total Planning 22 30 30 30 30 144 application (total units) Commence 22 30 30 30 112 construction Completion 22 30 30 82 In presenting these figures, Cllr Bastone advised that provision had been included for re-design / unit number reduction.

From Cllr Hodgson to Cllr Bastone, lead Executive Member for Customer First

(f) ‘Over the past five years, how much money has been channelled through SHDC to Housing Associations to assist them in the delivery of affordable housing and how many affordable homes has this delivered?’

By way of a breakdown, Cllr Bastone advised that:

For 2013/14:

- Devon and Cornwall Housing: £240,000 Culverdale, Totnes; - South Devon Rural Housing Association: £60,000 Avondale; - South Devon Rural Housing Association: £20,108.18 Parkfield, Thurlestone; and - Devon and Cornwall Housing: £49,469 Greenbanks, Slapton.

For 2014/15:

- Devon and Cornwall Housing: £60,000 Culverdale, Totnes.

For 2015/16:

- Westward Housing: £80,000 Follaton Oak; - Guinness Partnership: £500,000 Totnes Riverside; - Hastoe Housing Association: £101,769 Frogmore; and - South Devon Rural Housing Association: £40,000 Moreleigh.

For 2016/17:

- Devon and Cornwall Housing: £60,000 Newton Ferrers.

For 2017/18:

- Devon and Cornwall Housing: £20,000 Newton Ferrers; and - South Devon Rural Housing Association: £55,000 (to facilitate the purchase of a specifically adapted property).

In response to a supplementary question regarding a recent comment made by the Chief Executive of South Devon Rural Housing Association, Cllr Bastone suspected that the funding that he had referred to had been obtained from Homes England.

From Cllr Hodgson to Cllr Tucker, Leader of Council

(g) ‘What legal right does the Council have to prevent local Members from attending meetings in their ward that the Council has organised? With regard to the recent meeting between Totnes Town Councillors and SHDC Executive Members and SHDC officers, what was the basis of refusing the attendance of the local Ward Members?

In his response, Cllr Tucker expressed his confusion over the question and stated that local Ward Members had not been prevented from attending these meetings. In terms of the process that had been followed, Cllr Tucker advised that each local Town Council had been asked who they wished to attend their meeting. In the instance of the meeting that had been held with Totnes Town Council representatives, it was in fact the wish of that Council to not involve any local Ward Members.

In her supplementary question, Cllr Hodgson asked whether, given the concerns that had been subsequently raised, Cllr Tucker still felt it to be the correct decision. In his response, Cllr Tucker confirmed that he stood by the process that had been followed for each of these meetings.

From Cllr Birch to Cllr Bastone, lead Executive Member for Customer First

(h) ‘How many affordable social rented houses have been facilitated by the Council in the last five years?’

In reply, Cllr Bastone advised that Members had agreed to adopt the Affordable Rent Model on 14 July 2011. In Appendix 1 of this report, Members were provided with the assurance that the rent on affordable properties would not exceed the Local Housing Allowance for the area. If Members wished to look at these agenda papers, the minute reference was E.06/11.

Cllr Bastone responded to a supplementary question by confirming that he would ensure that the related agenda papers that underpinned this matter in July 2011 would be circulated to the wider membership for their information and reference.

35/18 NOTICE OF MOTIONS

It was noted that no motions had been received in accordance with Council Procedure Rule 10.

At the discretion of the Chairman, a Member was permitted to make the point that, whilst a motion she had submitted in relation to Brexit had been ruled to be ‘out of scope’ she felt this to be very unfortunate and she highlighted that a similar motion had been permitted for consideration at a recent meeting of the North Devon District Council.

36/18 REPORTS OF BODIES RESOLVED

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

(a) Salcombe Harbour Board 16 July 2018

(b) Audit Committee 26 July 2018

(c) Development Management Committee 1 August 2018

DM.22/18: Amendment to Public Participation Scheme

It was then:

RESOLVED

1. That the proposed amendments to the Development Management Committee Public Participation Scheme (as set out in Appendix 1 of the presented agenda report to the Committee) be approved; and

2. That authority be delegated to the Monitoring Officer to make minor amendments to the Scheme as and when deemed necessary.

(d) Overview and Scrutiny Panel 2 August 2018

O&S.23/18: Code of Conduct Hearing Panel Recommendations on the Complaints Process

During the debate, a Member expressed his total support for the recommendation and felt that the current rules were an expensive process with totally meaningless sanctions.

It was then:

RESOLVED

That representations be sent to the Secretary of State and local MPs outlining the Council’s concerns over the current regulations (e.g. the lack of any meaningful penalties and the unfairness of District Councils having to absorb the costs of administering the scheme for its local Town and Parish Councils).

(e) Licensing Committee 23 August 2018 L.7/18: Adoption of Procedures and Fees in Relation to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

RESOLVED

1. That the Discretionary Powers contained within the Animal Welfare Act 2006 and the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 be adopted;

2. That the Scheme of Delegation be amended whereby decisions relating to the determination of licences and enforcement action be delegated to the Community Practice Lead for Environmental Health;

3. That the Constitution be amended to reflect a new Sub-Committee structure to consider objections to conditions on an Animal Licence; and

4. That the proposed Fees and Charges (as outlined in the agenda report presented to the Committee) be adopted.

(f) Overview and Scrutiny Panel 6 September 2018

(g) Audit Committee 6 September 2018

(h) Executive 13 September 2018

E.34/18: Civil Penalties for Breaches of Housing Standards Enforcement Notices

RESOLVED

That the existing Enforcement Policy be updated with the Civil Penalty Policy.

E.36/18: Reports of Bodies

(a) Community Funding

Such had been the levels of correspondence on the two recommendations to reduce funding contributions to the South Hams Community and Voluntary Service (CVS) and the South Devon Area of Outstanding Natural Beauty (AONB) that the Chairman informed of his intention for these matters to be dealt with separately.

In the ensuing discussion on the CVS proposal, an alternative recommendation was PROPOSED and SECONDED as follows: ‘That any decision to reduce funding to the South Hams Community and Voluntary Service be deferred to enable for further consideration as part of the wider 2019/20 Budget Setting process.’

In support of this proposal, the following points were raised:- o A Member highlighted the support provided by the CVS towards creating positive, healthy and safe lifestyles and the important contribution that was provided by the organisation as a health co-ordinator; o Some Members questioned the need to make such a funding decision now and felt that it should be looked at in the wider Budget setting context. In addition, other Members made the point that Development Management Committee Members had been alienated from what was a budgetary decision up until this point; o A Member emphasised the invaluable support provided by the CVS to local community groups and was of the view that the organisation provided excellent value for money. Furthermore, another Member referenced the pressures currently facing the Voluntary Sector and felt that such a funding decision required very careful consideration.

Other Members did not support the proposal and made reference to:- o the fact that only 6 town and parish councils and 40 local groups provided any funding contributions. If the work of the CVS was so valued, some Members questioned as to why there were so very few other organisations that were willing to offer any financial support. As a result, the view was expressed that the CVS had been given a number of warnings and should therefore have been more proactive in obtaining additional funding sources; o the recommendation being the unanimous view of the Task and Finish Group. Since this recommendation had subsequently received the support of both the Overview and Scrutiny Panel and the Executive, some Members felt it to be wholly inappropriate for the proposal to then be overturned at full Council. Specifically regarding the point that the wider membership had been alienated up to this stage, a Member reminded the Council that any Member could have attended (and took part at) any meeting of the Task and Finish Group and the onward meetings of the Overview and Scrutiny Panel and the Executive; o the answers that had been provided by the CVS representatives to the Task and Finish Group had been unsatisfactory. In addition, to counter the concerns over the timing of this decision, a Member highlighted that the intention was to provide as much advanced notice as possible of any potential funding reductions to enable for the organisation to be able to prepare accordingly.

In accordance with Council Procedure Rule 15.5, a recorded vote was then undertaken on the motion. The voting on this motion was subsequently recorded as follows:-

For the motion (17): Cllrs Birch, Bramble, Brazil, Brown, Foss, Gilbert, Green, Hawkins, Hodgson, Holway, May, Pearce, Pennington, Pringle, Rowe, Steer and Vint.

Against the motion (9): Cllrs Baldry, Bastone, Blackler, Cane, Hicks, Hopwood, Tucker, Wingate and Wright.

Abstentions (0):

Absent (5): Cllr Cuthbert, Hitchins, Huntley, Saltern and Smerdon.

And the motion was declared CARRIED.

The meeting proceeded to consider the proposed reductions in project funding to the South Devon Area of Outstanding Natural Beauty (AONB). In so doing, an alternative recommendation was PROPOSED and SECONDED to read as follows:

‘That any decision to reduce the project funding to the South Devon Area of Outstanding Natural Beauty be deferred to enable for further consideration as part of the wider 2019/20 Budget Setting process.’

In the ensuing debate, a number of similar points over the timing and the process that had been followed by the Task and Finish Group, Overview and Scrutiny Panel and Executive were again reiterated.

Some Members emphasised that the proposed reductions only related to project (and not core) funding and, during the Review, the AONB Manager had seemed content with the proposals. To counter these views, other Members highlighted the importance of the AONB that had been recently reinforced during the latest phase of the Joint Local Plan project and the close linkages with the tourism industry.

In accordance with Council Procedure Rule 15.5, a recorded vote was then undertaken on the motion. The voting on this motion was subsequently recorded as follows:- For the motion (19): Cllrs Birch, Blackler, Bramble, Brazil, Brown, Foss, Green, Hawkins, Hodgson, Holway, Pearce, Pennington, Pringle, Rowe, Smerdon, Steer, Vint, Wingate and Wright.

Against the motion (7): Cllrs Baldry, Bastone, Cane, Gilbert, Hicks, Hopwood and Tucker

Abstentions (0):

Absent (5): Cllr Cuthbert, Hitchins, Huntley, May and Saltern.

And the vote on the motion was therefore declared CARRIED.

It was then:

RESOLVED

1. That any decision to reduce funding to the South Hams Community and Voluntary Service be deferred to enable for further consideration as part of the wider 2019/20 Budget Setting process; and

2. That any decision to reduce the project funding to the South Devon Area of Outstanding Natural Beauty be deferred to enable for further consideration as part of the wider 2019/20 Budget Setting process.

E.38/18: ICT Systems Procurement

RESOLVED

That the ICT Systems Procurement and recommendations (as set out in the exempt agenda report that was presented to the Executive meeting) be approved.

(Meeting commenced at 2.00 pm and concluded at 4.40 pm)

______Chairman

Appendix B of this report contain exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 Report to: COUNCIL

Date: 6 December 2018

Title: Supporting the formation of South West Mutual

Portfolio Area: Strategy & Commissioning, Cllr Wingate

Wards Affected: All Relevant Scrutiny Overview & Scrutiny Panel Committee: Approval and Yes clearance obtained: Urgent Decision: No

Date next steps can Immediately following this meeting be taken: Authors: Darren Arulvasagam Group Manager, Business Development [email protected]

Recommendations: That Council be RECOMMENDED to: 1. APPROVE the granting of £49,995 from the predicted 2018/19 business rate pilot gain in order to support the formation of South West Mutual as detailed in section 3 and Appendix 2 of this report; 2. (If 1 approved) DELEGATE authority to the Group Manager, Business Development, to conclude the ordinary share acquisition; and 3. AGREE that, where possible, officers support the formation of the Mutual by promoting it to local authorities within the South West.

1.0 Executive Summary 1.1 On 27th September, Tony Greenham of the South West Mutual, provided a presentation to South Hams District Council Members – regional banking for inclusive growth. A copy of the presentation can be found at Appendix A.

1.2 In order to progress, the new mutual is seeking £500,000 of initial funding, through the issuing of Founder Shares. These shares will receive a dividend of 7.5% once the new bank becomes profitable and this dividend will rise over time if South West Mutual is successful. 1.3 In view of the higher risk of investment at this early stage, if a banking licence is obtained and the bank starts trading, Founder Shareholders will also receive an additional 2 shares for every share held. The combination of these two returns generates an estimated ‘internal rate of return’ (being a measure of investment returns widely used within business and finance) of approximately 20% per annum.

1.4 However, it must be understood that there is a risk that there will be no financial return and the entire initial investment will be lost if the plan to launch the mutual is unsuccessful or a banking licence is not granted. Accordingly, officers do not recommend investing in the mutual with the primary purpose of deriving a financial return as that is deemed too much of a financial risk. Instead, it is proposed that the Council uses funds from the predicted business rate pilot gain to fund a grant to South West Mutual. This grant will equate to an initial investment of £49,995 in return for 3,333 ordinary shares.

1.5 The pilot gain resulted in one-off monies received in 2018/19 and the Council determined that these should be used to fund initiatives to support the local economy.

1.6 Appendix A explains how the new mutual would help support the local economy and promote inclusive growth. In particular, it will help make banking more local, provide branch facilities in rural locations, recycle the savings of local people and businesses back into the regional economy, promote financial inclusion and improve access to credit for small and medium sized business.

1.7 The ethos behind the new mutual is consistent with the Council’s corporate strategy objectives of communities and enterprise.

1.8 Members are requested to support the recommendations and utilise business rate pilot gains to help support the formation of the new mutual. In doing so, it recognises that the funds utilised may not necessarily be returned to the Council. 1.9 The Council’s Executive considered a version of this report at its meeting on 22 November 2018 (Minute E.43/18 refers) and proceeded to amend the report recommendation to read as follows: ‘That the Executive RECOMMEND to Council to: 1. approve, if 50% of the other Devon local authorities give a commitment to support, the granting of £49,995 from the predicted 2018/19 business rate pilot gain in order to support the formation of South West Mutual as detailed in section 3 and Appendix 2 of the presented agenda report; 2. delegate authority to the Group Manager, Business Development, to conclude the ordinary share acquisition; and 3. agree that, where possible, officers support the formation of the Mutual by promoting it to local authorities within the South West.’

At this Executive meeting and, in light of the alternative recommendation, the Leader of Council also gave a commitment to contact his counterparts across Devon in order to establish their Councils’ respective position on the proposal. The Leader will provide a verbal update on the responses received at this meeting.

2.0 Background 2.1. On 27th September, Tony Greenham of South West Mutual, provided a presentation to South Hams District Council Members about the proposal to form South West Mutual – regional banking for inclusive growth. A copy of the presentation can be found at Appendix A. 2.2. It is envisaged that this economic grant meets the Council’s Enterprise (Creating places for enterprise to thrive and business to grow) and Communities (Council and Residents working together to create strong and empowered communities) objective. 2.3. It is anticipated that the new mutual will help derive the following benefits for the South West:

3. Proposals 3.1. The mutual is seeking an initial investment of £500,000 in order to progress its banking licence application. It will then need to find an estimated £2.5m in 2019 to set up operations and complete the banking authorisation process, and finally secure a further investment of £17.5m in 2020 to capitalise the bank and enable it to commence trading. 3.2. It is envisaged that local authorities within the South West, who believe in the ethos behind the mutual and the benefits this will bring to the local economy, may wish to participate in all stages of investment including capitalising the bank once a provisional banking licence has been granted and the investment carries a much lower risk. 3.3. South West Mutual is launching its initial fundraising on 19th November 2018 seeking investment from private and institutional investors within the region. It is considered that the commitment of local authorities to invest in the initial Founder Share Offer will reinforce the confidence of private sector investors, make a significant statement of support for the social and economic mission of South West Mutual, and potentially shorten the timetable to opening branches and commencing trading within South Hams and the wider South West region. 3.4. The Council has benefitted from being a business rates pilot area for 2018/19, which has allowed the Council to keep a higher share of business rates income in 2018/19 to fund its services. The Council is determined that this funding should be used to fund initiatives to support the local economy. 3.5. It is proposed that the 2018/19 business rate pilot gain is used to assist with the formation of the mutual, with the Council granting £49,995 to the mutual – this equates to approximately 10% of the amount of initial funding required by the mutual. 3.6. At this stage, officers do not recommend investing in the mutual in order to derive a financial return as that is deemed too much of a financial risk. Independent financial advice regarding a financial investment has not been sought. 3.7. It is proposed that the Council uses funds from the predicted business rate pilot gain to grant fund the mutual. In return for this grant of £49,995, the Council will receive 3,333 ordinary shares. Members recognise that the grant funds utilised may not necessarily be returned to the Council. This should not be viewed as a normal investment made for purely financial return but a grant to support the local economy. These shares will receive a dividend of 7.5% IF the new bank becomes profitable and this dividend will rise over time if South West Mutual is successful. In view of the higher risk of investment at this early stage, IF a banking licence is obtained and the bank starts trading, Founder Shareholders will also receive an additional 2 shares for every share held. The combination of these two returns generates an estimated ‘internal rate of return’ (being a measure of investment returns widely used within business and finance) of approximately 20% per annum. 3.8. Members appreciate that this grant (investment) is risky, but without the grant funding, the proposed benefits to the local economy may never be realised. 3.9. It is envisaged that the Council would be one of the first to provide financial support to the mutual. It is anticipated that this will help the mutual obtain the remaining funding it requires from other South West authorities. 3.10. A similar report and recommendation is to be considered by West Devon District Council in November.

4.0 Options available and consideration of risk 4.1. Members could opt to follow, amend or reject the recommendations. 4.2. There are risks that should not be discounted. Members will need to be satisfied that the granting of £49,995 to South West Mutual, in return for 3,333 ordinary founder shares is consistent with the Council’s corporate strategy. 4.3. As the Council will receive ordinary shares, over the long term this initiative could be considered as an investment. However, this transaction should be viewed immediately as an economic grant. 4.4. Members recognise that this transaction is not without risk and therefore do not expect to re-coup the grant, nor a profit on any shares acquired. Exempt Appendix B contains the detailed Founder Share Offer document. 4.5. By making this “investment”, the council will be forgoing an investment return on the business rate pilot gain monies. The current investment return achieved by the Council is circa. 0.8% per annum. This equates to forgoing £400 per annum, if interest rates and returns were to remain the same.

5.0 Proposed Way Forward 5.1 It is proposed that if Executive approve this report’s recommendations, Council will be asked to ratify the decision in December. Assuming this is approved, delegated authority will be given to the Group Manager, Business Development to conclude the acquisition of 3,333 ordinary shares in South West Mutual – as per the offer document shown in Exempt Appendix B. 5.2 Support will also be given to the mutual in order to promote the council’s decision to other South West local authorities – with the aim that other authorities provide the remaining funding required in order to progress the banking licence application (as described in Appendix A). 6.0 Implications Implications Relevant Details and proposed measures to address to proposals Y/N Legal/ Y Appendix 2 of this report is exempt from publication because it Governance contains information about the Council’s financial and proposed commercial affairs as defined in Paragraph 3 of Schedule 12A to the Local Government Act 1972. The information is the intellectual property of a third party and cannot be divulged further without their prior approval. In particular, South West Mutual is bound to comply with the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 which regulates the promotion of investments to the general public and hence places legal restrictions on the publication of Appendix 2 which the Council wishes to respect. The public interest test has been applied and it is considered that the public interest lies in not disclosing this report at this time because it contains financial and commercially sensitive information which could prejudice the Council and the third party if such information was disclosed at this time. This proposal is consistent with the Council’s powers to invest under the Local Government Act 2003 and section 1 Localism Act 2011 (the general power of competence). Investments made by local authorities can be classified into one of two main categories:

i) Investments held for treasury management purposes; and

ii) Other investments Local Authorities should disclose the contribution that all other investments make towards the service delivery objectives and/or place making role of that local authority. Officers are confident that the proposed economic grant will help establish and promote the success of South West Mutual. The formation of such an institution, as described in Appendix A is consistent with the Council’s Enterprise (Creating places for enterprise to thrive and business to grow) and Communities (Council and Residents working together to create strong and empowered communities) objectives. There is an overriding duty toward prudent management of risk, and officers, including the Council's section 151 officer, owe a fiduciary duty in relation to given transactions. Financial Y The Council has benefitted from being a business rates pilot area for 2018/19, which has allowed the Council to keep a higher share of business rates income in 2018/19 to fund its services.

The Council is forecasting a business rates pilot gain of £575,000 for 2018/19, of which £475,000 has been transferred into an Economic Regeneration Projects Earmarked Reserve. This money was intended to support local economic initiatives and therefore this report’s proposals are consistent with that aim. Officers do not recommend investing in the mutual in order to derive a financial return as that is deemed too much of a financial risk. However, it is proposed that the Council uses funds from the business rate pilot gain to fund a grant of £49,995 to the Mutual. In return, the Council will receive 3,333 ordinary shares. Risk Y Members will need to be satisfied that the granting of £49,995 to South West Mutual, in return for 3,333 ordinary founder shares not only delivers best value but is also consistent with the Council’s corporate strategy.

Whilst the Council will receive ordinary shares as a result of its economic grant and the initiative could therefore be considered an investment, the Council views this transaction as an economic grant. In doing so, it recognises that this transaction is risky and therefore does not expect to re-coup any of the grant, nor profit from the shares acquired. Appendix B sets out the share offer.

For the avoidance of doubt – there are several key differences between a grant contribution and a share purchase:

 If the venture fails the investment by either method may be lost.

 The financial liability as shareholders is limited to the value of the share-holding – The Council stands to lose 100% if the venture has debts equal to or greater than its investment. There should be some proportionality if the debts were less than the venture’s total share capital.

 The only way that the Council could have additional liability (upward of its investment) would be if there has been some individual negligence. Officers of the Council have set out that funding is to be provided as a grant, not an investment and therefore the entire £49,995 is at risk. Independent financial advice has not been taken. The shares acquired will be shown in the Council’s accounts as a financial investment.

 As a shareholder, the Council will have votes (= some control) but will not have that as a pure grant funder. Comprehensive Impact Assessment Implications Equality and N Not Applicable Diversity Safeguarding N Not Applicable Community Safety, N Not Applicable Crime and Disorder Health, Safety and N Not Applicable Wellbeing Other implications N Not Applicable Supporting Information  Appendix 1: “South West Mutual – Regional banking for inclusive growth” A copy of the informal briefing made to South Hams District Council on 27th September 2018  EXEMPT Appendix 2: DRAFT Founder Share Offer Document

South West Mutual Regional banking for inclusive growth

JULY 2015 Introducing South West Mutual

Mission-led business promoting sustainable and equitable prosperity for the South West

• First customer-owned full service bank • Financial inclusion in the rules • SME and social enterprise focus • Multi-channel, committed to branches and relationship banking • Scale and efficiency – part of the CSBA network • Financial strength: Profits £15m pa / loan book £380m by year 9 2 Helping tackle regional inequalities

SWM is an anchor institution

Supporting equitable and sustainable prosperity for the South West is our mission

3 SME finance is an ongoing issue

YoY change in total SME loans by postcode area BH DT EX PL TA TQ TR 8% 6% 4% 2% 0% -2% -4% Barclays -6% CYBG Lloyds/HBOS -8% HSBC -10% Nationwide RBS/Natwest -12% Santander UK -14% Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017 4 Lending to the real economy where you live

Real economy impact – SWM lending vs UK Big 4 SME deposits and loans in 100% Devon districts 90% 80% Deposits £853m SME 70% Business Loans £462m 60% Personal 50% Mortgage Net outflow £390m 40% International 30% Financial SWM keeps money 20% Own assets flowing within the 10% region’s economy 0% AverageBig 4 of SouthSWB West big 4 banks Mutual 5 Commitment to financial inclusion

In Devon districts there are approximately*: People without bank accounts 3.5

• 21,000 individuals without bank account 3.0 • 106,000 non-users of the internet 2.5 2.0 • 33,000 entirely dependent on cash

1.5 millions

• 46% uncomfortable using digital only banks 1.0 • £8 million poverty premium 0.5 0.0 SWM will provide full current Individual - no account account to any resident Household - no account reported Households - affirmed no account *Source: Pro-rata on population of 642,000 adults , from HMT report on cash March 2018, and CHASM Financial Inclusion Report 2016 Source: FINANCIAL INCLUSION ANNUAL MONITORING REPORT 2017 6 Branches and local managers Branch Closures 2015-18 • Losing 60 branches / 300 cash machines a month • Branch access still important for many customers • eg trading businesses; some older/vulnerable people • Evidence confirms ‘soft information’ is vital for safe local lending RBS/ Barc- NW Lloyds lays HSBC Co-Op Other Total East Devon 5 2 3 1 1 12 Exeter 2 4 1 1 8 ➢ SWM has Branch Directors and Mid Devon 2 1 2 5 North Devon 3 4 1 2 1 11 staff with decision making power South Hams 4 4 1 2 2 13 Teignbridge 3 4 1 1 9 ➢ We use modern technology to Torridge 3 1 2 6 West Devon 3 1 1 1 1 7 deliver a low-cost branch solution Grand Total 25 21 10 8 4 3 71

7 Economic resilience: ‘no more boom and bust’?

German bank lending to domestic enterprises and self-employed 25% Commercial banks 1000 20% Sparkassen 800

Local cooperatives 600 15% 400

10% 200

5% 0 EUR bn

0% Local cooperatives

Sparkassen

% increase since Oct 2008 Oct since increase %

Jul-09 Jul-10 Jul-11 Jul-12

Jan-12 Jan-10 Jan-11 Jan-13

Jan-09 Commercial banks

Oct-10 Oct-08 Oct-09 Oct-11 Oct-12

Apr-10 Apr-11 Apr-12 -5% Apr-09

-10%

8 Economic resilience: the UK’s Achilles heel?

Total UK bank lending to non-financial corporates

5.0% SWM is committed 0.0% to the region. We

won’t chase the

Feb-10 Feb-11 Feb-12 Feb-13

-5.0% Feb-09

Aug-08 Aug-09 Aug-10 Aug-11 Aug-12 booms so we are -10.0% still there during

-15.0% the busts.

-20.0% % increase since Aug08 since increase % -25.0%

-30.0%

9 Restoring trust in banking

• Our customers are our shareholders • We will not engage in financial trading and speculation • No bonuses or sales incentives paid to staff • Living wage employer • Maximum 10x pay ratio • Board directly accountable to customers Do you trust your bank? TRUST • One member one vote Keeping my money safe 48% • Simple, honest and transparent charging Protecting my personal and financial information 43% Providing me with truly unbiased advice suited to my 25% structure needs Telling me if there is a better product for my needs/ 21% • No pressure to cross-sell financial products situation even it means less money for them Source: EY Global bank survey 2016: Without it you’re just another bank 10 Full range of services competing with high street banks

Local HQ Satellite branches Digital channels Current accounts

SOUTH WEST MUTUAL Fixed, transparent and South West Mutual simple membership fee:

Personal: £5 pcm South West Organisation: £10 pcm Mutual

• Expense analysis • ‘Jam jar’ functionality • Interest on whole Sub-regional hub 24/7 video linked Online and balance with staff and full service app. • Additional member Branch Director. automated branch. benefits tbc Safety deposit boxes. Some staffed times

11 Why a monthly charge? Free banking does not exist

• Free-if-in-credit (FIIC) accounts are NOT free “I do not advocate the ending of free-if-in credit banking. Why? Because there is no such thing to • 90% of customers with FIIC accounts start with, so it cannot be abolished as such. Nothing in life is free effectively pay charges – sorry to disappoint.” Andrew Bailey, Chief Executive FCA • Our model simple, transparent and honest 29th June 2017 • Allows us to be inclusive Bank SWM Lloyds NW Classic Select • and to maintain branch access Monthly membership fee (5.00) - - • Better value for money for many customers Interest on £1,000 in current a/c 1.22 - - Interest on £4,000 in current a/c 4.88 - - Cost of £500 overdraft for 15 days (1.94) (10.65) (9.74)

• 44% of Free-If-In-Credit accounts attract overdraft charges • 80% of consumers do not know what their overdraft charges are • £2.9 billion paid in overdraft fees in 2014 • £4.3 billion interest foregone in 2014 12 Community Savings Bank Association

• Highly experienced Board • ‘Bank in a box’ service • 18 regional banks • Test and training facility

13 Investment in Shares of South West Mutual

Dividend of 7.5% by year 6 Financial Growing dividend yield as profits rise Moderate share price growth over the medium term

Supporting local enterprises, business rates and employment Boosting economic resilience during recessions, protecting jobs and incomes RETURNS Economic Inclusive growth: spreading opportunities for locally driven business and employment Recycling more spending and savings back into the Devon economy Tackling financial exclusion and problem debt Social & Improving financial capability and wellbeing environmental Restoring trust and building civic participation Improved environmental and social performance Trade with approx. 90,000 members projected by year 9 on a share trading EXIT ROUTE platform

This is not investment advice; it is non-binding and it is subject to T&Cs that are to be agreed separately 14 Strategic alignment Community land trusts

Community businesses Access to banking facilities, credit and social enterprise and supporting high streets

Financial inclusion, education and tackling problem debt

Environmental protection integrated in risk assessment. Supporting community energy

15 Local authority investment

Guidance from Arlingclose (Treasury Advisors) Local Government Act 2003 “Investments made by local authorities can be classified into one of two main categories: • Investments held for treasury management purposes; and • Other investments” “Local authorities should disclose the contribution that all other investments make towards the service delivery objectives and/or place making role of that local authority.” Localism Act 2011 The general power of competence allows local authorities in England to do “anything that individuals generally may do”

16 Local authority investment - precedents

Bank Authority Notes Hampshire Community Portsmouth BC - Capex funded by unsupported Prudential Borrowing / Bank (Note 1) £5m Capital receipts reserve. ‘Spend to save’ project. Winchester - £250k Economic development powers / general power of Test Valley - £500k competence in S1 Localism Act 2011 Cambridge and Counties Cambridgeshire Local £8m in deferred shares for 50% Bank Government Pension 50:50 with Trinity College Cambridge Cambridgeshire Building Scheme £15 million core capital deferred shares carrying only 1 Society vote Redwood Bank Warrington BC £30m Bank will open a northern regional office in Warrington. Shortlisted in ‘Innovation in Finance’ category of 2017 MJ Local Government Achievement Awards

Note 1 – Hampshire Community Bank is not part of the CSBA network and has not been licensed yet. It is possible that the regulators consider it to be too small scale as a stand alone bank. 17 Timeline for banking licence and launch

Preparation Pre-application Application Mobilisation Launch

Incorporation Informal meetings with Formal application Provision licence gained Unrestricted trading Stakeholder engagement PRA/FCA process Operations go live with with full licence Business plan Fundraising Maximum 12 months branch fitted out and development Refine business plan Rigorous due diligence systems integrated Form project team Add experienced Authorisation of key Restriction on amount bankers to team personnel of deposits

Q1 2020 Q2 2020 Q3 2019 Q4 2018

Q1 2018 Capital: £0.5m £3m £7m £10m

18

Report to: COUNCIL

Date: 6 December 2018

Title: Heart of the South West Joint Committee Update

Portfolio Area: Strategy & Commissioning, Leader of the Council

Wards Affected: All

Urgent Decision: N Approval and clearance Y obtained:

Date next steps can be taken: Immediately

Author: Darren Role: Group Manager, Business Arulvasagam Development

Contact: [email protected]

RECOMMENDATION That Council be RECOMMENDED to:

(a) note the progress report setting out the work of the Heart of the South West (HotSW) Joint Committee since its establishment in March 2018; (b) agree to delegate the development and endorsement of the HotSW Local Industrial Strategy (LIS) to the HotSW Joint Committee (noting that final approval of the HotSW LIS rests with the HotSW Local Enterprise Partnership (LEP) and the Government); (c) note the Heart of the South West Joint Committee Budget statement for 2018/19 set out in Appendix B and that in accordance with the decisions taken at the time the Committee was established the Council will be asked to make an annual budgetary provision (£1,400 for South Hams District Council) to meet the support costs of the Joint Committee in line with the 2018/19 contribution. Final clarification on any additional 2019/20 Heart of the South West Joint Committee budget requirement will be provided following the completion of the review of the Joint Committee’s role, function and management support arrangements and development of its work programme for 2019/20; and (d) agree the Budget and Cost-sharing Agreement set out in Appendix B to this report. 1. Executive summary 1.1 In January 2018, the HotSW Joint Committee was formally established by the councils and organisations involved since 2015 in the devolution partnership. The Committee is tasked with improving productivity across the HotSW area in collaboration with the HotSW LEP and other organisations as necessary.

1.2 The Committee has met formally three times in 2018, in March, June and October. In addition to this the management structure that sits behind the Committee and involves Chief Executives and senior officers from across the partnership has met regularly to drive the business of the Committee. The Committee is chaired by Cllr David Fothergill, Leader of Somerset County Council and the Vice-Chair is Cllr John Tucker, Leader of South Hams District Council.

1.3 This report summarises the progress made by the Committee over recent months in key areas of activity and sets out actions proposed in the coming months. As part of this report there are specific recommendations for the constituent authorities to consider.

1.4 The Council’s Executive considered a version of this report at its meeting on 22 November 2018 and proceeded to recommend approval to the Council of each of the four recommendations outlined above (Minute E.42/18 refers).

2. Key achievements 2.1 At each of our meetings the Committee has been briefed on recent inward investment successes achieved through the work of the local authorities and the LEP and it is these successes that we wish to add to through the work of the Joint Committee. (a) Influencing government The partnership’s original focus in 2015 was to explore opportunities on offer through devolution to improve productivity. Since the Committee was created the influencing role has continued to be central to the work of the Joint Committee and recent months have seen successes in this area. Government policy changes and Brexit have required the partnership to be flexible to present a united front to Government and respond to the changes. As an example, the Government has increasingly moved away from its devolution policy approach of 2015 and the partnership is now engaged in more flexible and targeted dialogues with Government. This approach is proving successful so demonstrating the benefits of presenting a single compelling partnership vision between the business and public sectors. The Committee is keen to demonstrate its ability to deliver Government objectives as well as local priorities so accessing help beyond our boundaries is critical to the success of the partnership. It is already apparent that the Joint Committee / LEP Partnership carries a critical mass that the Government is responding to through policy announcements and on-going dialogue with Government officials. The most significant announcement is the recent inclusion of the HotSW LEP area in wave 2 of developing Local Industrial Strategies (LIS). This success is due in large part to the close alignment of the Joint Committee and the LEP on the Productivity Strategy [see (b) below]. Much of the activity detailed below has resulted directly from discussions with Government. (b) Approval of the HotSW Productivity Strategy (i) In March the Committee and the LEP Board agreed a challenging HotSW Productivity Strategy which set an ambition of “Doubling the size of the Heart of the South West’s economy over 20 years” with a vision of “Productivity and prosperity for all”. (ii) The Strategy identifies three strategic themes to improve productivity by strengthening and developing: a. the leadership and ideas within businesses in our area b. the housing, connectivity and infrastructure our people and businesses rely on for living, moving goods, accessing jobs and training, and exploiting new opportunities. c. the ability of people in our area to work, learn and improve their skills in a rapidly changing global economy, and to maximise their economic potential. (iii) In addition, there are three cross-cutting themes, referred to throughout the Strategy: a. Inclusive growth for our people, communities and places b. Capitalising on our distinctive assets c. Maximising the potential from digital technology The Strategy can be viewed at: https://heartofswlep.co.uk/about-the-lep/how-we-work/productivity-strategy/

(c) Endorsement of the Delivery Plan. This document is key to the delivery of the Productivity Strategy and will be further developed as explained below. It is a live action plan that will be used to track performance locally and may also form the basis of annual progress reports to Government, as required under the recent national review of LEPs. It is broadly divided into two sections – a ‘core offer’ focussing on programmes that deliver Business Support and Employment and Skills, as well as ‘enablers’ including housing delivery, transport, and other infrastructure that is essential to support economic growth. These activities apply across the whole of the HotSW area. A further section focuses on programmes of activity linked to the agreed set of ‘opportunities’ that are specific to the HotSW area. The Plan incorporates current as well as future, planned activity, and is being produced in stages depending on how well developed the programmes of activity for each theme are. The current version features the opportunities that are at the most advanced stage, namely: Digital (Photonics); Advanced Engineering (marine and nuclear); High Value Tourism; Farming, Fishing and Food. By spring 2019 it will be expanded to include: Healthy Ageing; further Digital (Creative and Big Data); Advanced Engineering (aerospace); Construction; and Defence. Place markers have also been included for inclusive growth and natural capital to be developed as part of the next phase of work. The current version of the Delivery Plan can be viewed at: http://www.hotswjointcommittee.org.uk/wp-content/uploads/2018/10/HotSW-Draft- Delivery-Plan-October-2018.pdf

(d) An Opportunities Prospectus has been extracted from the Delivery Plan and will be used with local MPs, Ministers and senior Government officials as part of continuing to raise the profile of the HotSW area at a critical time ahead of the 2019 Spending Review and the anticipated launch of the UK Shared Prosperity Fund towards the end of 2019. The document will be circulated to MPs prior to the Chancellor’s autumn statement as part of the influencing approach. To ensure that the Prospectus document has some longevity, the key strategic ‘asks’ of Government have been set out in a covering letter, jointly signed by the Chairs of the Joint Committee and the LEP. As we develop the Delivery Plan, further asks will emerge and be submitted to Ministers. The list of asks submitted in October is attached as Appendix A to this report. The Prospectus document can be viewed at: http://www.hotswjointcommittee.org.uk/wp-content/uploads/2018/11/HotSW-Prospectus- November18.pdf

(e) Housing is a key enabling opportunity for the Joint Committee. Following a housing audit to gauge Local Plan progress on targets and delivery rates, a HotSW Housing Summit was held in September with key agencies including Homes England. The outcome of this successful event was an agreement to work closely with Homes England to develop a bespoke package of offers and asks with Government which will help us to successfully deliver the ambitious housing programmes we have across our area. A Housing Sector Task Force of strategic leaders and officers has been established to develop our proposition to Government and to work with Homes England which will report to the Joint Committee. (f) National Infrastructure Commission (NIC) The Joint Committee is seeking to secure a growth corridor study following helpful discussions with the NIC. Initial discussions with the Chair of the Commission were well received and the Joint Committee was encouraged to submit a business case to the Chancellor who will ultimately make a decision as to whether to fund a study. A proposal was submitted to the Chancellor in October. The study would be similar to the one conducted by the NIC for Cambridge-Milton Keynes- Oxford. It would help the HotSW partnership to better understand the constraints to higher levels of productivity by highlighting where investment in strategic infrastructure could unlock faster growth over the long term. The initial focus for the study would be along the A38/M5 transport spine, recognising that investment would have benefits for the whole of the HotSW area and wider south west. (g) Brexit Resilience Opportunities Group. The Joint Committee has consistently lobbied Government that any powers that move back from the EU under Brexit must not stop at Whitehall. This senior officer group was established by the Joint Committee to research and advise on the opportunities and risks to the HotSW.

The Group has been collating evidence on some of the key risks and opportunities for our unique economy and has conducted research in the following areas: workforce, construction industry, agriculture and land management; food and farming, fisheries and post Brexit funding to support the economy. The Group is also collating the risk and impact analysis of Brexit on local government such as service delivery and community resilience. The Group has fed directly into the Local Government Association briefing papers and to key Government departments to raise the profile of the area. With the Brexit departure date looming and several ‘deal’ scenarios still possible, this work has become ever more important. A Brexit Joint Regional Sounding Board event planned, as part of the 12th November LEP Conference, will be an opportunity for business and public sector to engage with Government representatives from Defra, BEIS, and MHCLG on preparedness. The Group is working with Cornwall on issues of mutual interest and concern. (h) Sub-National Transport Body Linked to the Joint Committee’s work on infrastructure is the imminent establishment of a South West Peninsula Shadow Sub-National Transport Body (covering Somerset, Devon, Cornwall, Plymouth and Torbay) which will develop a sub-national Transport Strategy to work with Government to deliver investment in our major transport infrastructure. In the short-term this will be an informal partnership, however a current ‘ask’ of Government is that they endorse the creation of a statutory Sub- National Transport Body for the Peninsula, and a separate body for the South West around the east of the region. These two new transport bodies will provide a platform for strategic discussions with Government on priorities for the region over the long term. 2.2 Next steps: In addition to what is outlined above, the Joint Committee / LEP partnership will: (a) Develop an Investment Framework for the Delivery Plan so that priorities for delivery and project opportunities can be delivered via investment from a range of sources. (b) Review the roles and functions of both bodies through a governance review to acknowledge the revised and enhanced focus given to LEPs by the Government. This work will include a review of the management support arrangements. The Joint Committee and the LEP will continue to share responsibilities across the Productivity Strategy and the Delivery Plan with the LEP leading on areas closely linked to the LIS and the Joint Committee leading on other areas such as housing and infrastructure. The need for close collaboration between the two has never been more important as we look to further influence Government policy and actions over the next 12 months and beyond.

3. Local Industrial Strategy (LIS) 3.1 The inclusion of the HotSW LEP area in the second wave of areas to benefit from working with the Government to develop their Local Industrial Strategies (LIS) is a considerable achievement for the Joint Committee and the LEP. The first wave ’trailblazers’ were the urban conurbations of Greater Manchester, the West Midlands and Cambridge- Milton Keynes-Oxford. The partnership had been pushing to be in the second wave and had raised the ask with Government Ministers and officials over a number of months. It was therefore very welcome that HotSW was announced in July as being part of wave 2. 3.2 By working closely with Government to develop our Local Industrial Strategy we will be able to jointly agree the long term transformational opportunities that will help deliver the asks specific to our area and influence wider Government policy and delivery. 3.3 Local Industrial Strategies will focus on the foundations of productivity and identify transformational opportunities with partners across Ideas, People, Infrastructure, Business Environment and Place. The Strategy will be led by local people and businesses, allowing local leaders to harness the strengths of their own areas; ensure that the benefits of growth are realised by all; and provide the right conditions for improving the prosperity of communities throughout the area. 3.4 Ultimate approval of the LIS rests with the LEP in collaboration with the Government. The LIS guidance requires the LEP to collaborate on the development of the LIS with a range of stakeholders including the local authorities and other partners. 3.5 The LEP’s proposed timetable is to have the final LIS agreed between the LEP and the Government by June 2019. Fortunately, HotSW partners are better placed than many areas to meet this timetable as the work done by the Joint Committee and the LEP to build and test the evidence base for the Productivity Strategy and Delivery Plan has set the foundation; the LIS will be a natural extension of this. 3.6 The Joint Committee is ideally placed to provide both collective and council level input into the development of the LIS, although final approval rests with the LEP. The validity and positioning of the document would be immeasurably strengthened by the involvement and general endorsement of all the constituent authorities, and by other partners including the business community. To enable the development of the LIS to be taken forward at pace, and to demonstrate alignment with partners across the area, it is proposed that local authority input is developed, coordinated and signed off by the Joint Committee. The powers of (and delegations to) the Committee are tightly focussed around the Productivity Strategy under the current governance arrangements, so approval needs to be sought from the constituent authorities to formally delegate the Council’s responsibilities for contributing to and signing off the HotSW Local Industrial Strategy (LIS) to the Joint Committee. The recommendations provide the opportunity for the Council to influence and shape the LIS as well as provide content. To ensure that there is wide buy-in to the development of the LIS across the constituent authorities, a portfolio holder engagement event is planned for 23 November 2018. 4 Heart of the South West Joint Committee Budget and Cost Sharing Agreement 4.1 The Joint Committee has been kept informed of its budgetary position to provide assurance that it is operating within its budget. This section of the report includes: (a) a summary of the Committee’s current budget position for 2018/19 - see Appendix B (b) a Heart of the South West Joint Committee Budget and Cost Sharing Agreement (B&CSA) which is a development of the Inter-Authority Agreement agreed by the constituent authorities at the time the Committee was established – see Appendix B (c) An indicative Heart of the South West Joint Committee budget request for 2019/20 to the constituent authorities. 4.2 Appendix B summarises the position on the operating and support budget of the Heart of the South West Joint Committee. It shows a variation of the income for 2018/19 expected at the time of the Committee’s establishment with a larger than anticipated underspend carried forward from the work on devolution during the 2015 to 2018 period. This together with the contributions agreed by the constituent authorities have given the Committee a larger than anticipated Heart of the South West Joint Committee budget for 2018/19. 4.3 In terms of the anticipated spend for 2018/19 the current position suggests that the Committee will be able to operate within budget and should achieve an underspend to be carried forward to 2019/20 to help offset the future budget requirement for the Joint Committee. The current underspend is around £40k. It should be noted however that not all commitments for 2018/19 have yet been identified. 4.4 At the time of the Committee’s establishment the Inter Authority Agreement referred to the development of a B&CSA and included some headings to be included within it. Appendix B sets out the draft B&CSA. It is a relatively simple document proportionate to the small size of the budget and the limited financial risk to each constituent authority. It explains the role of the administering authority as well as the responsibilities of the constituent authorities. The Joint Committee has approved the B&CSA and all Section 151 Officers of the constituent authorities have been consulted on its contents. The document now requires the formal approval of the constituent authorities. 4.5 In terms of the Joint Committee’s budget for 2019/20 the work programme is unknown at this stage although a busy year is expected for the Committee to respond to Government policy initiatives and to support the Delivery Plan. To assist the constituent authorities to plan Heart of the South West Joint Committee budget commitments for 2019/20, the minimum contribution levels for 2019/20 are set out below and are at the same level as for 2018/19. These contributions will generate sufficient budget to cover the costs of the administering authority to service the Joint Committee and leave a small surplus.

Dependent on the underspend carried forward from the current year and the outcome of the review of the management support arrangements, this may not be sufficient to fully cover any additional work, for example secondments, or externally commissioned work. The funding requirements will be clarified, as far as is possible, in advance of the 2019/20 financial year following the governance review and through a costed work programme and applied on a pro-rata basis.  County Councils - £10,500  Unitary Councils - £4,000  District Councils and National Parks £1,400 5. Consultation, communication and engagement 5.1 Under the Communications and Engagement Plan, members of the constituent authorities, partners and the public have been kept informed of developments with the Joint Committee through newsletters published after each formal meeting and press releases on significant issues of interest. As we move towards Christmas, the Committee’s engagement plans include seeking the support of relevant Ministers and all local MPs for the Communications document and specifically our ‘asks’ of Government. This engagement campaign will continue and accelerate as we move into 2019. 5.2 In addition the Committee has a website providing background information, links to latest news and publications and details of the membership. This can be accessed at: http://www.hotswjointcommittee.org.uk/ 6. Proposed Way Forward 6.1 It is essential that the local authorities contribute to the development and approval of the LIS working in collaboration with the LEP. The LIS will be a natural development of the Productivity Strategy and Delivery Plan for which the Joint Committee already has delegated authority, and therefore it would seem appropriate to formally extend this authority to the development and approval of the LIS to the Joint Committee on behalf of the constituent authorities. 6.2 It is important that the constituent authorities are kept up to date on the Committee’s budget situation and make provision for the 2019/20 budget commitment. It is also important that the Budget and Cost Sharing Agreement is formally agreed by the constituent authorities as part of the Committee’s governance arrangements. 7. Implications Implications Relevant Details and proposed measures to address to proposals Y/N Legal/ The HotSW Joint Committee is a Joint Committee of the Governance local authorities across Devon and Somerset that comprise the HotSW area and established under Sections 101 to 103 of the Local Government Act 1972 and all other enabling legislation to undertake the following:

The key purpose of the Joint Committee is to be the vehicle through which the HotSW partners will ensure that the desired increase in productivity across the area is achieved. The Committee is a single strategic public sector partnership providing cohesive, coherent leadership and governance to ensure delivery of the Productivity Strategy for the HotSW area. The specific objectives of the Joint Committee are to: - Improve the economy and the prospects for the region by bringing together the public, private and education sectors; - Increase our understanding of the economy and what needs to be done to make it stronger; - Improve the efficiency and productivity of the public sector; - Identify and remove barriers to progress and maximise the opportunities/benefits available to the area from current and future government policy.

Financial As per section 4.5, the contribution level for South Hams District Council towards the Heart of the South West Joint Committee’s budget is £1,400. In addition to this the constituent authorities and partners continue to input considerable amounts of officer time into the partnership on an ‘in kind’ basis. The LEP continues to make a significant contribution to the work of the Committee and has met some direct costs. The constituent authorities are reminded that the Joint Committee continues to provide a relatively low-cost option to meet the partnership’s objectives compared to the Combined Authority alternative. Risk Given the participation in the Joint Committee as one of the constituent Local Authorities, the main risks are around failing to participate actively in this or any other related process, thus manifesting a failure of sub- regional or regional awareness of the Council’s specific economic and productivity concerns. The risk from failing to participate is most likely to be a loss of the Council’s influence at regional level and an inability to draw attention to the area’s economic needs (across such areas as productivity, skills, infrastructure and related inward investment). It would also weaken the wider partnership proposition, so affecting the ability of the HotSW partnership to speak with one voice and influence Government policy for the benefit of the wider area and including our residents, businesses and visitors.

Comprehensive Impact Assessment Implications Equality and No adverse impact on any protected groups. Diversity

Safeguarding N/A

Community Safety, N/A Crime and Disorder Health, Safety and There are no direct public health impacts of these Wellbeing recommendations. However, public health considerations will be an important consideration in the development of the LIS recognising that there is a strong correlation between economic prosperity and health of the population. Other implications N/A

Appendices:  APPENDIX A: Heart of the South West Partnership’s key strategic asks of Government  APPENDIX B: BUDGET STATEMENT – 2018/19

Supporting Information  Heart of the South West Devolution Update, Presented to SHDC on 2nd March 2017  Heart of the South West Formal Devolution Bid – Combined Authority Principle, Presented to SHDC on 28th July 2016  Heart of the South West Formal Devolution Bid, Presented to SHDC on 11th February 2016  Driving Productivity in the Heart of the South West Consultation Paper (Green Paper) January 2017 (Available to view / download at http://www.torbay.gov.uk/devolution)

APPENDIX A: Heart of the South West Partnership’s key strategic asks of Government

As part of the partnership’s increased lobbying with MPs and with reference to the Great South West Partnership several ‘policy asks’ of Government have been identified to coincide with party conferences and the Autumn Budget. These will be socialised over the next few months and are:

1. Recognition of the Great South West Partnership in the Autumn Budget Statement together with a commitment to co-design a Rural Deal - a ‘Rural Productivity Partnership’ with GSW following publication of Rural Productivity Commission Report earlier in the year

2. Strategic Connectivity a. Confirmation of Sub National Transport Body/ (ies) b. Peninsula Rail priorities – e.g. commitment for funding Dawlish c. Funding commitment for A303 improvements d. Superfast Broadband and 5G trials e. Joint working with the National Infrastructure Commission on an A38/M5 corridor study to explore how we can unlock our full potential and accelerate growth to transform our region.

3. Transforming Cities and Strength in Places bids agreed

4. EU Fisheries underspend proposal: an offer to work with Government to develop a proposal to utilise the projected underspend in the current EU Fisheries budget.

5. Nuclear Sector Deal (and others specifically Maritime and Defence) to have clear place-based elements/funding, recognising the HotSW opportunities.

6. Local Industrial Strategy specific: encourage joint working with WECA on Wave 2 Local Industrial Strategies particularly around connectivity and Smart specialisations e.g. Nuclear and Aerospace.

1

APPENDIX B: Heart of the South West Joint Committee Budget Statement – 2018/19

Costs At the time the Joint Committee was established it was estimated that its operating and support costs for 2018/19 (and to cover the remainder of 2017/18) would be £89,000 - excluding in-kind officer support. This estimate comprised:

1. £25,000 for work the Joint Committee would wish to commission to support the delivery of its work programme

2. £24,000 for the Brexit Resilience and Opportunities Group Secretariat

3. £40,000 for the Administering Authority to undertake its duties.

Heart of the South West Joint Committee Budget 2018/19 Current Heart of the South West Joint Committee budget position summary:

18/19 Budget = £117k (an 18/19 Expenditure - £76.4k (as at 24/10/18) increase of £25k over the original estimate) 1. £67k - devolution 1 £40k - for Administrative Authority costs budget carry forward including: direct meeting costs (including (as against the estimate refreshments); staffing costs directly relating to of £42k) – transferred HotSW meetings; JC communications and from PCC to SCC marketing; micro-site development 2 £11.3k - support costs of the Brexit Resilience 2. £50k - funding Opportunities Group (BROG) including contributions from the seconded part-time officer support (against an constituent authorities original budget allocation of £24k) 3 £6k – costs of Housing Summit 4 £9.8k – housing consultancy support 5 £9.3k – national corridor infrastructure corridor consultancy support

1

HEART OF THE SOUTH WEST JOINT COMMITTEE BUDGET AND COST SHARING AGREEMENT

As part of the new Joint Committee working arrangements, the following clause was agreed in relation to the costs of operation of the Joint Committee. This clause was

in the Inter-Authority Agreement.

How is the Heart of the South West Joint Committee budget set and agreed each year? In the February preceding each financial year, in consultation with the Somerset County Council Finance Advisory Team, the SCC Strategic Manager - Partnership Governance on behalf of the PMO will detail a Heart of the South West Joint Committee budget plan for the JC income and expenditure. This will establish estimated amounts for that financial year and the timing of those financial transactions. This will be submitted by the administering authority to the Joint Committee for recommendation to the Constituent Authorities (CA) for approval.

Each CA will pay their agreed contribution to the Administering Authority (AA) in a timely manner on receipt of invoice details.

Who is to be responsible for maintaining financial records on behalf of the JC? SCC Finance Advisory Team – Ian Tier, Finance Manager.

2

What Heart of the South West Joint Committee financial records are to be maintained? Financial records, i.e. orders for supplies and services, payments made, invoices raised and receipts, will be kept electronically on the SCC financial system. This incorporates purchase orders, invoice scans, cashiers receipts and sales invoices.

What Heart of the South West Joint Committee financial reports are to be made, to whom and when? SCC Finance Advisory will present a quarterly income and expenditure report to the SCC Strategic Manager – Partnership Governance. This will be reported to the CEx Advisory Group for information. An income and expenditure report will be presented to the JC for information on at least an annual basis.

What arrangements and responsibilities are to be made for?

Auditing Heart of the South West Joint Committee Accounts: The AA’s accounts and audit arrangements will apply to JC business.

Insurance: Each CA will ensure that it has sufficient insurance cover in place to provide protection for their members and officers participating in the work of the JC and in their capacity as officers or members of that authority. The AA will ensure that it has sufficient insurance cover in place to cover the AA role.

How any financial assets held by the JC on behalf of the CA will be redistributed to the CAs in the event of the dissolution of the JC or in the event of a CA formally withdrawing from the CA? Itemised records of contributions made by each of the CAs will be kept over the life of the JC. In the event of the dissolution of the JC or in the event of a CA formally withdrawing from the CA having given the required notice, financial assets will be returned to the CA or CAs on a proportionate basis.

3

Report to: Council

Date: 6 December 2018

Title: POLITICAL COMPOSITION AND COUNCIL APPOINTMENTS

Portfolio Area: Leader of Council

Wards Affected: All

Urgent Decision: N Approval and Y clearance obtained:

Date next steps can be taken: Immediately (e.g. referral on of recommendation or following this implementation of substantive decision) meeting.

Author: Darryl White Senior Specialist – Democratic Services

Contact: [email protected]

RECOMMENDATION That the Council RESOLVES, with immediate effect and for the remainder of the 2018/19 Municipal Year, that:

1. the Political Composition of the Council be noted as follows:

- 24 Conservative Group Members; - 6 Opposition Group Members; and - 1 Vacancy;

2. an Affordable Housing Delivery Working Group comprising of 3 Members be established with Cllrs Bastone, Birch and Pearce appointed to serve on it and that, for the purposes of Members’ Allowances, attendance at meetings of this Group be regarded as an ‘approved duty’; and 3. Cllr I Bramble be appointed as one of the three Devon District Council representatives on the Local Enterprise Partnership Joint Scrutiny Committee and that, for the purposes of Members’ Allowance, attendance at meetings of this Outside Body be regarded as an ‘approved duty’.

1. Executive summary

Political Composition

1.1 Members will be aware that, with effect from 15 November 2018, Cllr Elizabeth Huntley tendered her resignation from the office of South Hams District Council. This report outlines the revised political composition of the Council for the remainder of the 2018/19 Municipal Year;

Affordable Housing Delivery Working Group

1.2 Officers have been working on ideas and options to deliver affordable housing in the South Hams and it is considered timely to formally establish a Working Group to enable for Member input. It is proposed that this Group consists of 3 Members and Cllrs Bastone, Birch and Pearce have been nominated to serve on this Group.

Local Enterprise Partnership Joint Scrutiny Committee

1.3 The Council has been formally requested to appoint one of the three Devon District Council representatives to serve on the Local Enterprise Partnership Joint Scrutiny Committee and this report recommends that Cllr I Bramble be appointed to fulfil this role.

2. Background

Political Composition

2.1 Following Elizabeth Huntley’s resignation, the political composition of the Council is as follows:

- Conservative Group Members: 24; - Opposition Group Members: 6; and - Vacancy: 1.

2.2 This resignation does present an opportunity to revisit the appointments that have been made to Council Bodies for 2018/19; 2.2 Both Group Leaders have been consulted and both have confirmed their wish for the vacant seat to be retained on the Overview and Scrutiny Panel;

Affordable Housing Delivery Working Group

2.3 Whilst the Terms of Reference of the Affordable Housing Delivery Working Group will be approved at its first meeting, the main purpose of the Group will be to obtain Member input and buy-in to potential affordable housing delivery solutions to ensure that they meet the objective of additional housing provision at an affordable cost;

2.4 It is important to stress that this Working Group will not have any formal decision-making powers;

2.5 Whilst such Working Groups are not required to be politically balanced, it is good practice to ensure that they are and both Group Leaders have been invited to submit their nominations;

2.6 In so doing, it is recommended that the Council establish a Working Group of 3 Members, with its composition being as follows:

- Cllr Bastone; - Cllr Birch; and - Cllr Pearce.

2.7 The Group will be tasked with appointing a Chairman at its first meeting and, for the purposes of Members’ Allowances, it is also recommended that attendance at meetings of this Group be regarded as an ‘approved duty’;

2.8 As is the case with other equivalent Working Groups, meeting dates and times will be publicised (for the information of the wider membership) via the Members’ Bulletin;

Local Enterprise Partnership Joint Scrutiny Committee

2.9 Having received the formal request to appoint a Member to serve on the Joint Scrutiny Committee, the Council has also been informed that it cannot nominate its Leader, Deputy Leader or any other Executive Member to this position;

2.10 Both Group Leaders have been invited to submit their nominations and Cllr Bramble has subsequently been nominated to fulfil this role

2.11 For the purposes of Members’ Allowances, it is recommended that this Committee be added to the list of Outside Bodies and, therefore, attendance at meetings of this Committee be regarded as an ‘approved duty’. 3. Options available and consideration of risk

Political Composition

3.1 The Council’s governance arrangements make it a requirement for all 31 Members of the Council to serve on one of either: the Executive (6 Members); the Development Management Committee (12 Members); and the Overview and Scrutiny Panel (13 Members). As the largest of these three Council Bodies, it is felt that the Overview and Scrutiny Panel is in the best position to temporarily absorb the current seat vacancy.

Affordable Housing Delivery Working Group

3.2 The establishment of this Working Group will ensure cross party Member involvement in the drive to deliver Affordable Housing in the South Hams. In addition, the Group will provide a forum for officers to present potential Affordable Housing Delivery products and solutions and to gauge the level of appetite and (in principle) support for such initiatives amongst Members.

Local Enterprise Partnership Joint Scrutiny Committee

3.3 The Council could decide that it is unwilling to accept the invitation to nominate a Member to represent it on the Joint Committee. However, this would result in the Council (and the other District Councils) being disadvantaged by not having a seat at the table and, as a result, its views not being represented at meetings of this Committee.

4. Implications

Legal/Governance The Council Constitution requires that all formal appointments are determined by the full Council. Financial The financial implications are two-fold:

1. The vacancy on the Council will result in an approximate £2,146 saving in the Member Allowances Budget; and 2. By approving the appointments to an additional Working Group and Outside Body, Members will be entitled to claim travel and subsistence for attendance at these meetings. Risk There are no additional risks directly related to this report. Comprehensive Impact Assessment Implications Equality and There are no equality and diversity implications Diversity directly related to this report. Safeguarding There are no safeguarding implications directly related to this report. Community There are no community safety or crime and Safety, Crime disorder implications directly related to this report. and Disorder

Health, Safety There are no health, safety and wellbeing and Wellbeing implications directly related to this report.

Other implications N/A

Supporting Information

Appendices: None

Background Papers: Council Constitution Political Balance Provisions

Salc Harb 17.9.18 MINUTES OF THE MEETING OF THE SALCOMBE HARBOUR BOARD HELD AT CLIFF HOUSE, SALCOMBE ON MONDAY, 17 SEPTEMBER 2018

Members in attendance * Denotes attendance Ø Denotes apology for absence * Cllr J Brazil (Chairman) * Ms A Jones * Cllr J A Pearce * Mr M Long * Cllr K R H Wingate Ø Mr M Mackley * Cllr S A E Wright * Mr H Marriage (Vice-Chairman) * Mr I Stewart * Mr M Taylor

Item No Minute Ref No Officers in attendance and participating below refers All Head of Paid Service; Salcombe Harbour Master; agenda Finance Business Partner; and Senior Specialist - items Democratic Services 8 SH.15/18 Senior Specialist (Assets) 11 SH.18/18 Estuaries Officer

SH.11/18 MINUTES

The minutes of the meeting of the Salcombe Harbour Board held on 16 July 2018 were confirmed as a correct record and signed by the Chairman.

SH.12/18 DECLARATIONS OF INTEREST

Members were invited to declare any interests in the items of business to be considered during the course of the meeting, and the following were made:

Cllr Wright, Ms Jones, Mr Marriage, Mr Stewart and Mr Taylor each declared a disclosable pecuniary interest in all related agenda items by virtue of having moorings or paying harbour dues to the Council. As a result of the Solicitor granting each Board Member a dispensation, they were all able to take part in the debate and vote on any related matters (Minute SH.3/18 above refers).

SH.13/18 PUBLIC QUESTION TIME

In accordance with the Public Question Time Procedure Rules, it was confirmed that there were no members of the public in attendance that were wishing to utilise this provision. Salc Harb 17.9.18 SH.14/18 FEEDBACK FROM HARBOUR COMMUNITY FORUMS

The Board received verbal update reports from those Members who attended the Harbour Community Forums. The updates were given as follows:

Salcombe Kingsbridge Estuary Conservation Forum (SKECF) The representative advised that the next meeting of the Forum had been arranged to take place on Tuesday, 25 September 2018.

South Devon & Channel Shellfishermen It was noted that no meetings of the Shellfishermen had been held recently. However, a positive meeting had taken place between representatives and the Harbour Master and the Shellfishermen were looking forward to the installation of the new freezer units.

Kingsbridge and Salcombe Marine Business Forum Whilst acknowledging that the future of the high street was a national issue, the Forum had expressed a number of concerns over the trend whereby visitors were opting to utilise online national shopping sites. This growing trend was recognised by the Forum as beginning to have a real detrimental impact on the local economy.

Kingsbridge Estuary Boat Club (KEBC) The representative advised that he had no issues to report to this meeting.

East Portlemouth The representative advised that the Parish Council had raised some issues that were within the responsibility of the District Council and these were in the process of being followed up.

SH.15/18 HARBOUR OFFICE/WORKSHOPS – PRESENTATION UPDATE

By way of an update, the Senior Specialist (Assets) advised that an additional Stakeholder Workshop had been arranged to be held on the morning of Wednesday, 17 October 2018. In inviting all Board Members to attend this Workshop, it was noted that its main purpose was two-fold:

1. To provide a progress update on the last twelve months; and 2. To provide an opportunity for all stakeholders in attendance to consider the potential way forward.

During the subsequent debate, the following points were raised:-

(a) On behalf of the Board, the Chairman emphasised that Members would not be supportive of any future proposals that were deemed to be detrimental to the Harbour; Salc Harb 17.9.18 (b) A representative advised that some local concerns had been expressed over the Batson Marine Units potentially being unaffordable for local businesses and, such was the strength of view, that this consideration must be borne in mind. In addition, another representative stated the importance of imposing a legal covenant to ensure that units were maintained for the purpose of maritime business. It was felt that such a covenant would prevent permission from being granted to change the use of these units.

SH.16/18 2019/20 FEES AND CHARGES

Members were presented with a report that recommended approval of the proposed Fees and Charges for the 2019/20 Financial Year.

In discussion, a Member expressed his view that elements of the proposed fees and charges were unduly detrimental to local residents. It was the belief of the Member that any increases in fees and charges should be targeted more towards visitors to the harbour than local residents. The Member proceeded to highlight his deep frustration that the Board had found itself in exactly the same dilemma as it had done twelve months ago at its meeting on 25 September 2017 (Minute SH.17/17 refers). In particular, the Member reminded those in attendance that, despite guarantees being made last year that a Board Workshop ‘would be scheduled well in advance of this meeting to enable for informal (and detailed) consideration of the proposed fees and charges for 2019/20’, this request had not been met.

Other Board Members had sympathy with some of the views expressed. However, when considering that the Harbour Master had only recently been appointed, coupled with the proposals being consistent with the approach taken by the Board in recent years, the majority concluded that they should be recommended for approval this year.

However, in recognition of the concerns expressed, an additional recommendation was PROPOSED and SECONDED and on being put to the vote was declared CARRIED:-

‘That, for 2020/21 and beyond, a Framework to review Fees and Charges be put in place. Specifically for 2020/21, this will commence with a Board Workshop on 19 November 2018, with the review being completed before the end of April 2019.’

It was then:

RESOLVED

1. That Council be RECOMMENDED that the proposed Fees and Charges be approved for implementation (to come into effect from 1 April 2019); and

2. That, for 2020/21 and beyond, a Framework to review Fees and Charges be put in place. Specifically for 2020/21, this will commence with a Board Workshop on 19 November 2018, with the review being completed before the end of April 2019. Salc Harb 17.9.18

(NOTE: in accordance with Council Procedure Rule 15.6, Cllr S A E Wright requested that his vote against part 1 of the recommendation be formally recorded).

SH.17/18 2019/20 BUDGET

The Board considered a report that proposed that the Salcombe Harbour Authority Budget for 2019/20 be recommended to the Council for approval.

In discussion, reference was made to:-

(a) the increased premises cleaning charges. In recognising that the budgetary increase reflected the wish to improve the standard of the facilities, it was agreed that the issue of the public conveniences should be subject of a future Workshop session. To signify the fact that Salcombe was a premium boating destination, Members emphasised the importance of the facilities reflecting this objective. Board Members recognised that local businesses also had a role to play in this respect and a representative confirmed that they were more than happy to be involved in discussions over future service provision;

(b) the current approach to the annual Budget Setting process. Some of the earlier concerns in relation to considering the draft proposals earlier in the year were again reiterated and the view was expressed that the Board should be adopting a more strategic (and long-term) approach to setting its Financial Strategy. As a result, it was PROPOSED and SECONDED and when put to the vote declared CARRIED that:-

‘The Board set out a Five Year Medium Term Financial Strategy (for the ultimate approval of the Council) that will underpin its annual Budget Setting process from 2020/21.’

(c) the new Harbour Van. The Harbour Master confirmed that the £20,000 that was set aside in the agenda papers for a new Harbour Van was a nominal sum and he was confident that the actual purchase would be significantly less than this amount;

(d) the proposed voluntary contribution to the Marine Infrastructure Reserve. A Member PROPOSED that the recommended contribution be reduced from £58,000 to £30,000. In the absence of another Member being willing to second this proposal, it was not subject to any debate;

(e) the employee costs. A Member welcomed the amendments to the staffing structure following the last pay and grading review for Harbour staff. Salc Harb 17.9.18 It was then:

RECOMMENDED

That Council be RECOMMENDED that:

1. the proposed 2019/20 Budget be approved for implementation (to come into effect from 1 April 2019); and

2. the Board set out a Five Year Medium Term Financial Strategy (for the ultimate approval of the Council) that will underpin its annual Budget Setting process from 2020/21.

SH.18/18 WATER QUALITY – VERBAL UPDATE

The Chairman welcomed the Estuaries Officer and the Environment Agency (EA) Representative to the meeting to conduct a presentation on Water Quality.

During their presentation, particular reference was made to:-

- ‘water quality’ had many different meanings and measures but underlined the very health of the Estuary and indeed the Harbour and required a catchment and community-wide effort to conserve and enhance it; - the role that the Estuaries Officer played within the local community to raise an informed and active awareness of water quality matters; - the duty of regard that the Harbour and other relevant authorities had upon them towards the Water Framework Directive; - the vital importance of knowing our local waters and the need for timely reporting of incidents and pollution via the EA’s 24/7 Emergency hotline (0800 807060); - the water body classification. It was noted that the Harbour continued to be classified as ‘Moderate’ against the Water Framework Directive. This was the same as in 2009 and it was confirmed that the reasons for this classification could be found on the online ‘Catchment Data Explorer’ (https://bit.ly/2TtItB8); - the UK Government had this year launched its 25-year Environment Plan. In April 2018, ‘New Farming Rules for Water’ had been launched and these would be regulated through the EA. In discussion, Members welcomed that this was an important change that should be welcomed; - budgetary pressures. Similarly to all other areas of the public sector, the Board acknowledged that the EA was having to monitor its budgets incredibly closely and that this was culminating in the organisation having to work within very tight constraints. As a consequence, the organisation recognised the value of local knowledge and was particularly keen to improve dialogue with local authorities and Housing Associations; - Brexit. The representative confirmed that every indication was that Central Government remained wholly committed to maintaining the existing environmental standards. Salc Harb 17.9.18 In the subsequent discussion, the following points were raised:-

(a) When questioned, the representative informed that South West Water had considered the recent works that had been undertaken to separate rain water from sewage in Salcombe had been a great success;

(b) The Board noted that a local project was underway to encourage the engagement of holidaymakers to continue their high standard of waste disposal whilst on holiday as they would at their primary residence;

(c) All Members recognised that excess sedimentation was a significant issue in this area.

In conclusion, the Chairman thanked the Estuaries Officer and the EA representative for their informative presentation and he gave an assurance that all Members recognised the fact that water quality was a major issue for the Harbour.

SH.19/18 HARBOUR MASTER’S REPORT

A report was considered that updated the Board on a number of recent issues that had affected the Harbour.

In the ensuing discussion, reference was made to:-

(a) the capsized vessel incident. A number of Members highlighted that Salcombe had gained a reputation as being a Harbour in which underage children were being put in charge of high powered vessels without wearing life jackets or kill cords. The Board emphasised the magnitude of this issue and stressed the importance of it being addressed with preventive measures being suggested that included:

o the removal of moorings; o the need to instigate a communications campaign to educate harbour users; o investigating whether the speeding byelaws should be revised; and o considering whether the use of kill cords should be compulsory in the harbour.

In addition, the Board recognised that two visiting yachts had unfortunately been damaged in the incident. It was agreed that the Chairman would write to the owners of these yachts offering the sincere apologies of the Board and reassuring them that Members take this matter incredibly seriously;

(b) revising the Moorings Policy. The Board supported a proposal that the Policy be informally reviewed at the Board Workshop on 19 November 2018. In recognition of the number of areas that the Workshop would cover, the agenda for this session was agreed as follows:- Salc Harb 17.9.18 10.00am – 11.00am: Public Conveniences; 11.00am – 12.30pm: Moorings Policy; and 1.15pm: Fees and Charges and Annual Budget Setting Process;

(c) the Performance Indicators. The Indicators were considered to be positive and relevant to the Board and would provide a very useful barometer to compare performance trends moving forward;

(d) a staff structure chart. An updated Harbour Authority staff structure chart was tabled to the meeting. In its consideration, a Member recorded his thanks for the work of the Head of Paid Service in listening to the concerns of the Board and reflecting these in the revised structure. Furthermore, thanks was also extended from the Board to the Harbour Master and all of the Harbour Staff for their hard work and efforts during an incredibly busy summer season.

It was then:

RESOLVED

That the report be noted and the proposals contained within it and the detailed minutes above be endorsed.

(Meeting commenced at 2.30 pm and concluded at 5.30 pm)

______Chairman

Dev Management 03.10.18

MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 3 OCTOBER 2018

Members in attendance * Denotes attendance Ø Denotes apologies

* Cllr I Bramble * Cllr J M Hodgson * Cllr J Brazil * Cllr T R Holway * Cllr D Brown * Cllr J A Pearce * Cllr P K Cuthbert * Cllr R Rowe * Cllr R J Foss (Vice Chairman) * Cllr R C Steer (Chairman) * Cllr P W Hitchins * Cllr R J Vint

Other Members also in attendance: Cllrs Baldry, Bastone, Hicks and Tucker

Officers in attendance and participating:

Item No: Application No: Officers: All agenda COP Lead Development Management, items Planning Senior Specialist, Planning Specialists, Senior Specialist Environmental Health, Deputy Monitoring Officer, Specialist Democratic Services 0825/18/VAR Urban Fringe Delivery Team Manager; County Ecologist, Devon County Council; Flood and Coastal Risk Engineer, Devon County Council

DM.29/18 MINUTES The minutes of the meeting of the Committee held on 5 September 2018 were confirmed as a correct record and signed by the Chairman.

DM.30/18 DECLARATIONS OF INTEREST Members and officers were invited to declare any interests in the items of business to be considered and the following were made:

Cllr R Foss, T Holway and J Brazil all declared a personal interest in application 4323/17/FUL: Demolition of existing building and construction of a two bedroom house – The Crab Pot, Beesands, Stokenham, by virtue of knowing objectors to the application. They all remained in the room and took part in the debate and vote thereon:

Cllr P W Hitchins declared a personal interest in application 0825/18/VAR: Variation of conditions 3 (approved drawings), 6, 7, 8, 10, 11, 12, 13, 14, 18, 19, 20, 21, 26, 28, 35, 36, 45, 46, 52, 53, 54, 57, 66, 67, 68, 69, 70, 71, Dev Management 03.10.18

99, 100, 101, 102, 104, 106, 107 and 110 and Informatives of outline planning permission ref: 1593/17/VAR to accommodate proposed changes of the masterplan in respect of the ‘Sherford New Community’ – Sherford New Community, Lad south west of A38, Deep Lane ad east of Haye Road Elburton, Plymouth, by virtue of historically having a personal interest and not taking part in the vote on any matters related to the application. He remained in the meeting but did not take part in the debate and abstained from the vote thereon;

Cllr D Brown declared a personal interest in the following planning applications that were sited within the South Devon AONB by virtue of being a Member of the South Devon AONB Partnership Committee and remained in the meeting and took part in the debate and vote thereon:

4323/17/FUL: Demolition of existing building and construction of a two bedroom house – The Crab Pot, Beesands, Stokenham; and

1581/18/VAR: Variation of condition 2 (approved plans) following grant of planning permission 4131/17/VAR – Briar Hill Farm, Court Road, Newton Ferrers

DM.31/18 PUBLIC PARTICIPATION The Chairman announced that a list of members of the public and town and parish council representatives, who had registered their wish to speak at the meeting, had been circulated.

DM.32/18 PLANNING APPLICATIONS The Committee considered the details of the planning applications prepared by the Planning Case Officers as presented in the agenda papers, and considered also the comments of Town and Parish Councils together with other representations received, which were listed within the presented agenda reports, and RESOLVED that:

4323/17/FUL: The Crab Pot, Beesands, Stokenham

Parish: Stokenham

Demolition of existing building and construction of a two bedroom house

Case Officer Update: None

Speakers included: Objector – Mrs Stephanie Dean: Parish Council – Cllr Les Cowley: Ward Member – Cllr Brazil

Recommendation: Conditional Approval

During debate, Members raised concerns regarding the detrimental impact Dev Management 03.10.18

of the proposal on the AONB. A number of Members did not like the design of the property and, although Beesands included a number of different styles of property, they were of the view that this particular proposal did nothing to enhance the street scene. Local Members who were familiar with the area raised the issue of flooding. The proposal was a replacement property, and therefore did not require a Flood Risk Assessment. However, had this been a proposal for a new dwelling, then the officer view would have been that the proposal presented an unacceptable risk to future occupiers in respect of flooding.

Committee Decision: Refusal

Reasons: Scale, impact on street scene, design, contrary to policies DP15, CS7 and CS9, not demonstrated that it is a separate unit and the consequent flood risk.

1581/18/VAR Briar Hill Farm, Court Road, Newton Ferrers PL8 1AR

Parish: Newton and Noss

Variation of condition 2 (approved plans) following grant of planning permission 4131/17/VAR

Case Officer Update:

Speakers included: Supporter – Mr Mark Evans; Parish Council representative – Cllr Alan Cooper; Ward Member – Cllr Baldry

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

0825/18/VAR Sherford New Community, Land south west of A38, Deep Lane and east of Haye Road, Elburton, Plymouth, PL9 8DD

Parish: Brixton

Variation of conditions 3 (approved drawings), 6, 7, 8, 10, 11, 12, 13, 14, 18, 19, 20, 21, 26, 28, 35, 36, 45, 46, 52, 53, 54, 57, 66, 67, 68, 69, 70, 71, 99, 100, 101, 102, 104, 106, 107 and 110 and Informatives of outline planning permission ref: 1593/17/VAR to accommodate proposed changes of the masterplan in respect of the ‘Sherford New Community’

Case Officer Update: Condition 23 to be amended so that the trigger point was 4000 not 5500 dwellings; Condition 50 (c) to add the words ‘unless otherwise agreed with the local planning authority’; Dev Management 03.10.18

Highways Agency conditions 89, 90, 91, 92 to be amended to revert to the wording on the original consent approved in 2013 at the request of Highways England; and the condition Reasons to be amended to include pre-commencement reasons as required by the Town and Planning (Pre-commencement conditions) Regulati8ons 2018 which came into force on 1 October 2018.

Speakers included: Supporter – Mr John Brindley: Parish Council representative – Cllr Michael Wills; local Ward Member – Cllr Brown

Recommendation: Conditional Approval

During debate, one Member made reference to condition number 24 and how it could be better worded to reflect the aspiration to maximising the ecological environment through the creation of a mosaic of habitats. It was subsequently agreed that condition 24 would be reworded. Another Member asked that concerns be noted regarding the uncertainty over the potential liability to each householder of the management costs required to maintain the open space in Sherford and the impact this may have on the overall affordability of the properties. A number of Members raised concerns regarding the proposals related to the movement of soil within the site. Members were assured that there would be no movement of soil either on or off site.

Committee Decision: Conditional Approval

DM.33/18 PLANNING APPEALS UPDATE

Members noted the list of appeals as outlined in the presented agenda report.

(Meeting commenced at 2.00pm and concluded at 5.15pm)

______Chairman Dev Management 03.10.18

Voting Analysis for Planning Applications – DM Committee 3 October 2018 Application Site Address Vote Councillors who Voted Yes Councillors who Voted No Councillors who Absent No: Voted Abstain

The Crab Pot, Beesands, Cllrs Foss, Hitchins, Holway, Stokenham, TQ7 2EH Rowe, Cuthbert, Pearce, Cllrs Steer, Bramble (2) (0) (0) 4323/17/FUL Refusal Brown, Brazil, Hodgson, Vint (10)

Briar Hill Farm, Court Road, Newton Cllrs Foss, Holway, Brazil, (0) (0) (0) Conditional 1581/18/VAR Ferrers Hodgson, Vint, Pearce, Approval Bramble, Brown, Cuthbert, Steer, Foss, Hitchins (12)

Cllrs Foss, Holway, Brazil, (0) Cllr Hitchins (1) (0) Sherford New Community, land Conditional Hodgson, Vint, Pearce, By virtue of 0825/18/VAR south west of A38, Deep Lane and Approval Bramble, Brown, Cuthbert, declaring an east of Haye Road, Elburton, Steer, Rowe (11) interest Plymouth

O+S 4.10.18

MINUTES OF THE MEETING OF THE OVERVIEW & SCRUTINY PANEL HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY, 4 OCTOBER 2018

Panel Members in attendance: * Denotes attendance Ø Denotes apology for absence * Cllr K J Baldry * Cllr E D Huntley * Cllr J P Birch * Cllr D W May Ø Cllr J I G Blackler * Cllr J T Pennington * Cllr B F Cane Ø Cllr K Pringle * Cllr J P Green * Cllr M F Saltern (Chairman) * Cllr J D Hawkins * Cllr P C Smerdon (Vice Chairman) Ø Cllr M J Hicks

Other Members also in attendance: Cllrs H D Bastone, I Bramble, J Brazil, T R Holway, N A Hopwood, J A Pearce, R Rowe, R J Vint and S A E Wright

Item No Minute Ref No Officers in attendance and participating below refers All Group Manager – Commercial Services; and Senior Specialist – Democratic Services 8 O&S.48/18 Group Manager – Support Services and Customer First and Commissioning Manager 9 O&S.49/18 Case Management Manager and Place Making Community Of Practice Lead 10 O&S.50/18 Senior Specialist – Environmental Health 11(a) O&S.51/18(a) Senior Specialist – Environmental Health and Community Safety and Safeguarding Specialist

O&S.43/18 MINUTES

The minutes of the meeting of the Overview and Scrutiny Panel held on 6 September 2018 were confirmed as a correct record and signed by the Chairman.

O&S.44/18 DECLARATIONS OF INTEREST

Members and officers 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 B F Cane declared a potential Disclosable Pecuniary Interest (DPI) in Item 7: ‘Executive Forward Plan’ (Minute O&S.47/18 below refers) and advised that, in the event of any questions being raised or discussion taking place on the ‘Brixton Community Housing Scheme’ he would leave the meeting room; and O+S 4.10.18 Cllr B F Cane also declared a potential DPI in Item 9: ‘Section 106 Agreements Schedule’ (Minute O&S.49/18 below refers) and advised that, in the event of any questions being raised or discussion taking place in relation to Venn Farm, Brixton he would leave the meeting room.

O&S.45/18 URGENT BUSINESS

The Chairman informed that he had no items of urgent business to be raised at this meeting.

O&S.46/18 PUBLIC FORUM

In accordance with the Public Forum Procedure Rules, the Chairman informed that there were no questions that had been received for consideration during this agenda item.

O&S.47/18 EXECUTIVE FORWARD PLAN

The Panel was presented with the most recently published Executive Forward Plan and proceeded to make the following comments:

(a) It was noted that consideration of the agenda items entitled: ‘Adoption of Clean Air Strategy’ and ‘Adoption of Business Continuity Plan’ would be deferred to a meeting of the Executive during early 2019;

(b) The Panel was informed that the Peer Review Report would be presented to the Executive meeting on 7 February 2019;

(c) Members acknowledged that the recent Central Government announcement about lifting the borrowing limit for Councils who owned their own housing stock was not relevant to the Council;

(d) Some Members made the point that there were a number of particularly significant agenda items that were scheduled for consideration at the Executive meeting on 22 November 2018.

O&S.48/18 CUSTOMER SATISFACTION SURVEY

The Panel considered a report that detailed the scores that had been achieved by the Council as part of a recent Institute of Customer Service Customer Satisfaction Survey.

The lead Executive Member introduced the report and highlighted the recent all staff training days that had focused on Customer Satisfaction. Following these sessions, the Member informed that an Action Plan would be developed and, subject to agreement at this meeting, it was intended that it would be presented to the next Panel meeting. O+S 4.10.18 Finally, once this Plan had been adopted, it was the wish of the Member for the Executive Forward Plan to be updated to ensure that ‘Progress on the Action Plan’ was a standing agenda item at future Executive meetings.

In the ensuing discussion, the following points were raised:-

(a) For clarity, the Panel was informed that the ‘Net Promoter Score’ could be defined as being the likelihood that a respondent would recommend the organisation to somebody else;

(b) When questioned, officers confirmed that 538 responses had been made to the Survey. Of these 538, 318 respondents had made a comment. However, Members were also advised that some of these written responses had referred to functions and services that were not within the remit and/or responsibility of the District Council (e.g. potholes). It was noted that a common theme throughout these responses had been identified as the need for the Council to improve its communication methods;

(c) A number of Members were of the view that the Survey results had simply confirmed what they had already known. In expressing their disappointment and concerns over the Survey results, particular reference was made to:-

- the results supporting the longstanding (and continued) failings in some officers not responding to their customers. Members reiterated their repeated frustrations that certain officers did not respond to calls, acknowledge emails or provide progress updates to customers; - the Survey illustrating the systemic failures of the Transformation Programme. Some Members felt the need to change the current systems was of paramount importance and, whilst the financial objectives of the Transformation Programme had been achieved, this had sadly resulted in a negative impact upon customer services; - the removal of individual service areas resulting in a complete lack of ownership and accountability; and - the Programme placing too great an onus upon channel shift and the ability (and willingness) of customers to self-serve;

(d) A Member took exception to the term ‘customers’ and, in emphasising the lack of choice available to them, felt that the Council should consider its customers to be ‘residents’. Indeed, such was the lack of choice, that some Members were of the view that this tended to breed a certain degree of resentment that in fact resulted in residents having an even higher expectation of customer service from their local council(s); O+S 4.10.18 (e) Having been informed that the Salcombe Harbour Authority had not been included as part of the Survey, some Members felt this to be unfortunate. These Members made reference to the exemplar Customer Service standards that were achieved by the Harbour staff and it was felt that lessons could be learned from them that would benefit the wider organisation;

(f) Some Members were of the view that, in response to concerns being raised from Town and Parish Council Clerks, they should be encouraged to make contact with the Council through the Localities Team. Furthermore, a Member questioned whether the wider membership had got to grips with the Transformation Programme and specifically the working methods that underpinned the Operating Model;

(g) In respect of the formal complaints process, a Member felt that the corporate timescales to resolve a complaint (30 days) was excessive and sent the wrong message. As a consequence, the Member requested that this matter be reviewed imminently;

(h) An alternative recommendation was PROPOSED and SECONDED as follows:-

‘That the Panel notes with concern the results from the Council’s recent Customer Satisfaction Survey and requests the production of a comprehensive Action Plan that will include the measures outlined between Sections 5.1(b) and 5.1(e) of the presented agenda report. In so doing, the Panel requests that this Action Plan be presented to its next meeting on 1 November 2018.’

In discussion, Members considered this alternative wording to be more reflective of the general view of the Panel and, when put to the vote, it was declared CARRIED. It was then:

RESOLVED

That the Panel notes with concern the results from the Council’s recent Customer Satisfaction Survey and requests the production of a comprehensive Action Plan that will include the measures outlined between Sections 5.1(b) and 5.1(e) of the presented agenda report. In so doing, the Panel requests that this Action Plan be presented to its next meeting on 1 November 2018.

O&S.49/18 SECTION 106 AGREEMENTS UPDATE

The Panel considered a report that provided an update on the latest position regarding Section 106 Agreements. O+S 4.10.18 In discussion, reference was made to:-

(a) the ‘Review into the Process for Spending Section 106 Deposits for Affordable Housing’. The Panel was reminded of the debate at the Executive meeting held on 14 June 2018 (Minute E.04/18 refers) and the subsequent recommendation arising from this meeting:

‘That the Overview and Scrutiny Panel be asked to undertake a review into the process for Spending Section 106 Deposits for Affordable Housing.’

In light of this request, the Panel agreed that this matter should be added to its Work Programme for consideration at its next meeting on 1 November 2018.

(b) the local town and parish council for each development site. The Panel requested that an additional column be added to the Schedule that listed the local town and parish council for each site. Furthermore, Members asked that consideration be given to the Schedule being revised to include the Devon County Council requirements and their respective trigger points.

The point was also made by the Panel that there was a need for Members and town and parish councils to be able to access (and/or obtain copies of) the Schedule as it evolved. To reflect this view, it was PROPOSED and SECONDED and on being put to the vote declared CARRIED:-

‘That officers consider the most appropriate means of disseminating the Schedule to all Members and Town and Parish Councils.’

(c) the non-compliance issues. Having been informed that officers were monitoring non-compliance issues, the Panel requested that this information also be made available to the wider membership;

(d) pursuing Section 106 monies. In response to a question, officers gave a firm commitment that outstanding funding contributions from Developers were robustly pursued via the Council’s Debtor Systems;

(e) the Langage Energy Centre. During the debate, it became apparent that a number of Members would find an update on the Langage Energy Centre useful. As a consequence, it was PROPOSED and SECONDED and when put to the vote declared CARRIED that:-

‘A ‘Langage Energy Centre Update’ be considered by the Panel at a meeting during early 2019.’

(f) the Member role in the process. Some Members emphasised the important role to be played by Members in this process. In particular, the importance of Members regularly checking and monitoring the schedule and ensuring that their local town and parish councils were kept fully informed was highlighted. O+S 4.10.18 In conclusion, a number of Members welcomed the report and it was requested that this be reflected in the Panel resolution.

It was then:

RESOLVED

1. That the report, progress and improvements made in monitoring and administering Section 106 Agreements be welcomed;

2. That, in the future, the monitoring of administration of Section 106 Agreements be reported through the Internal Audit Reporting Cycle;

3. That the Panel Work Programme be updated to include a ‘Review into the Process for Spending Section 106 Deposits for Affordable Housing’ at its meeting on 1 November 2018;

4. That a ‘Langage Energy Centre Update’ be considered by the Panel at a meeting during early 2019; and

5. That officers consider the most appropriate means of disseminating the Schedule to all Members and Town and Parish Councils.

O&S.50/18 BUSINESS CONTINUITY PLAN – VERBAL UPDATE

The Senior Specialist – Environmental Health attended the meeting to provide verbal assurances that the Council was undertaking its responsibilities in relation to Business Continuity planning. In so doing, the officer advised that:-

- work was ongoing to update the Plan in line with the Council’s Transformation Programme and Future Operating Model; - a training session on Business Continuity had recently been arranged for members of the Senior Leadership Team and Extended Leadership Team; - work was being undertaken in partnership with colleagues at Devon County Council and the Emergency Planning Partnership; - the extreme winter weather earlier in the year had provided an ideal demonstration that the Council’s resilience was very good; - once the Plan was ready for formal adoption, it was recommended that, in the first instance, the final draft version should be considered by the Audit Committee before further consideration by the Executive. The Panel proceeded to express its support for this proposal and noted the intention for the draft Plan to be formally presented to Members during early 2019. Upon the conclusion of his update, the Panel thanked the lead officer for all his hard work in this area and was suitably assured that adequate progress was being made. O+S 4.10.18

O&S.51/18 TASK AND FINISH GROUP UPDATES

(a) Drug and Alcohol Abuse – Outcome Report

A report was presented that outlined the conclusions of the Drug and Alcohol Abuse Task and Finish Group.

During the ensuing debate, reference was made to:-

- recognition of the hard work that had been put into the Review by lead officers and the Task and Finish Group Members; - the re-establishment of the Youth Leisure Nights at Totnes Pavilions. Whilst it was still very much in its infancy, the general feedback had been positive; - the severity of drug misuse in Totnes. A Member felt that the Group recommendations were particularly helpful and specifically highlighted an upcoming meeting between community representatives, the local MP and the local Police and Crime Commissioner to discuss this matter further; - the responsibilities undertaken by the Council’s Anti-Social Behaviour Officer; - the potential Budget implications arising from the Group recommendations. To ensure that the Group recommendations were taken into account as part of the Council’s wider budget setting exercise, some amendments were PROPOSED and SECONDED and when put to the vote were declared CARRIED.

It was then:

RESOLVED

1. That the Executive RECOMMEND to Council that it support and participate (wherever possible) in Police and Public Health England campaigns around drug reporting, harm minimisation and education;

2. That the Panel acknowledge the response from the Task and Finish Group that CCTV linking into a central hub is cost prohibitive;

3. That the Member Budget Workshop explore the possibility of obtaining annual funding for youth activities / engagement as a diversionary approach to Crime and Disorder (including drug use) within the South Hams District;

4. That the Member Budget Workshop explore the possibility of obtaining funding from Outside Bodies so to enable the Council to support recommendation 3 (above) by a part-time post or by other means; O+S 4.10.18 5. That, subject to the availability of funding, the Council proactively supports and participates in Junior Life Skills as part of a preventative approach and early intervention / education for young people; and

6. That the Council supports and proactively participates in partnership working with multi agencies and other initiatives relating to the prevention of drug use and anti-social behaviour amongst young people. Such support and activity to be explored by Members of the Task and Finish Group with subsequent referral back to the Overview and Scrutiny Panel.

O&S.52/18 ACTIONS ARISING / DECISIONS LOG

The contents of the latest version of the Log was presented for consideration and was duly noted without further comment.

O&S.53/18 DRAFT ANNUAL WORK PROGRAMME

The Panel noted the contents of its latest Annual Work Programme and made the following comments, additions and amendments:-

- It was agreed that the Panel meeting that had been initially scheduled for 14 February 2019 should be moved to take place on the afternoon of 24 January 2019 (1.30pm start); - The Panel then agreed that the meeting on the afternoon of 24 January 2019 should include the following agenda items: o The Peer Review; o Community Safety Partnership Annual Report; o An update on Safeguarding; o A review into the Standards Complaints Procedure; o An update on Universal Credits; and o A Langage Energy Centre Update; - Members also endorsed the proposal for the following additional items to be added to the Work Programme for the next Panel meeting agenda on 1 November 2019: o Customer Satisfaction Action Plan; o Draft Member Induction Programme 2019/20; o RIPA Annual Review; and o Review into the process for spending Section 106 Deposits for Affordable Housing.

(Meeting started at 10.00 am and concluded at 12.30 pm)

______Chairman Audit 11.10.18

MINUTES OF A MEETING OF THE AUDIT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY 11 OCTOBER 2018

Members in attendance * Denotes attendance Ø Denotes apology for absence

Ø Cllr I Bramble * Cllr J A Pearce (Chairman) * Cllr J Brazil * Cllr J T Pennington (Vice-Chairman) Ø Cllr T R Holway

Members also in attendance:

Cllrs H D Bastone, M J Hicks, P W Hitchins, N A Hopwood, E D Huntley, K R H Wingate and S A E Wright

Item No Minute Officers and Visitors in attendance Ref No below refers All Head of Paid Service; Section 151 Officer; Group Items Manager – Business Development; Community Of Practice Lead – Environment Services; Senior Specialist – Accountant; Internal Audit Manager; and Senior Specialist – Democratic Services 5 A.24/18 Devon County Council Assistant County Treasurer

12 A.31/18 Case Management Manager

A.21/18 MINUTES

The minutes of the meeting of the Committee held on 6 September 2018 were confirmed as a correct record and signed by the Chairman.

A.22/18 URGENT BUSINESS

The Chairman advised that she had no urgent items to be raised at this meeting.

A.23/18 DECLARATIONS OF INTEREST

Members and officers were invited to declare any interests in the items of business to be considered during the course of the meeting, but none were made. Audit 11.10.18

A.24/18 PRESENTATION ON THE PENSION FUND ADMINISTERED BY DEVON COUNTY COUNCIL

The Devon County Council Assistant County Treasurer was in attendance to provide a presentation to Members on the Pension Fund.

In so doing, the presentation provided the following overview:-

- Devon County Council was the Administering Authority of the Fund and delegated management of the Fund to the Investment & Pension Fund Committee; - As at 31 March 2018, the total size of the Fund equated to £4.086 billion; - Over 200 employers paid into the Fund; - The Pension Scheme had over 100,000 members comprising contributors, pensioners and deferred pensioners; - Funds were invested by external investment managers into equities, bonds etc; and - An actuarial review of the Fund took place every three years to determine the funding level.

Looking ahead, the presentation also concluded that:

- the Pension Fund had a long-term horizon over which to invest; - investments needed to be managed to meet liabilities over the long- term; - negative cashflow (contributions less benefits) needed to be factored into the Investment Strategy; - the Fund needed to adapt to a changing world; - investments would be pooled with other Local Government Pension Scheme Funds from April 2018; and - long-term performance remained the overriding objective.

The Chairman invited questions on the content of the presentation and particular reference was made to:-

(a) the Council’s funding position in comparison to other local authorities in the county. The Assistant County Treasurer informed that the Council’s position was well above the average. As a result, the Council’s deficit contributions were much lower than the majority of other local authorities in Devon;

(b) the overriding objective of the Fund. It was confirmed that the policy that was applied to the Fund was to ensure that the best financial return was obtained on investments, irrespective of factors such as ethical issues;

(c) the implications of Brexit. Whilst acknowledging that it could be a risk, the Assistant County Treasurer informed that the impact of Brexit on the next actuarial valuation in 2019 was unknown. Audit 11.10.18

In conclusion, the Chairman thanked the officer for his informative presentation and it was agreed that a copy of the presentation slides would be circulated to the wider membership for their information and retention.

A.25/18 KPMG ANNUAL AUDIT LETTER 2017/18

The Committee considered the KPMG Annual Audit Letter that summarised the outcome from their audit work that was carried out at the Council in relation to the 2017/18 audit year.

With no discussion taking place, it was then:

RESOLVED

That the contents of the Annual Audit Letter for 2017/18 be noted.

A.26/18 KPMG AUDIT CLOSURE LETTER 2017/18

Members were presented with a letter from KPMG that confirmed that the audit of the Council’s accounts for the year ending 31 March 2018 had been completed.

The Committee acknowledged the findings of the auditor that had issued an excellent unqualified report and congratulated the Section 151 Officer and the Finance Community Of Practice accordingly.

It was then:

RESOLVED

That the contents of the Audit Closure Letter for 2017/18 be noted.

A.27/18 GRANT THORNTON – AUDIT PROGRESS REPORT AND SECTOR UPDATE

A paper was considered that provided the Committee with a progress report from Grant Thornton on delivery of their responsibilities. In addition, the paper also included:

- a summary of emerging national issues and developments that may be relevant to the Council; and - a number of challenge questions in respect of those emerging issues that the Committee may wish to consider. Audit 11.10.18

During the ensuing discussion, the following points were raised:-

(a) Whilst Grant Thornton had only recently commenced in their role, the representatives confirmed that they were in constant ongoing dialogue with the Head of Paid Service and the Section 151 Officer to ensure that they were up to speed with the workings of the Council;

(b) At the request of the Committee, the representatives confirmed that, as part of their Value for Money and Medium Term Financial Planning work, they would review the Business Plan and the processes that had been followed by the Council in recently adopting the Commercial Property Strategy;

(c) It was noted that Grant Thornton had published a number of documents in relation to their views on the establishment (and best practice) of local government companies in the emerging world and it was agreed that links to these reports would be circulated to Members outside of this meeting;

(d) Members also highlighted the current waste procurement project and, whilst acknowledging the input of Internal Audit, the request was made for the added assurance whereby Grant Thornton representatives also reviewed the processes, advice and assumptions that underpinned the project. In so doing, the Committee asked that the representatives undertake this piece of work in advance of the Council meeting on 6 December 2018.

It was then:

RESOLVED

That the contents of the Progress Report and Sector Update be noted.

A.28/18 GRANT THORNTON FEE LETTER

The Committee was presented with a letter from Grant Thornton that outlined the planned audit fee for 2018/19.

In so doing, the Committee welcomed the sizeable reduction in audit fee in comparison to the 2017/18 Financial Year. At this point, the Section 151 Officer did point out that this fee did not include the Housing Benefit Subsidy Claim work which would be subject to a separate Audit.

It was then:

RESOLVED

That the contents of the Grant Thornton Fee Letter for 2018/19 be noted. Audit 11.10.18

A.29/18 UPDATE ON PROGRESS ON THE 2018/19 INTERNAL AUDIT PLAN

Members were presented with a report that sought to inform them of the principal activities and findings of the Council’s Internal Audit Team for 2018/19 to 14 September 2018 by:-

- Illustrating the progress made by Internal Audit against the 2018/19 annual Internal Audit Plan (as approved by the Committee in March 2018); and - Highlighting any revisions to the 2018/19 Internal Audit Plan.

In discussion, particular reference was made to:-

(a) the omissions in Appendix A of the presented agenda report were highlighted;

(b) the Beach and Water Safety audit findings. It was confirmed that discussions were ongoing with the Harbour Master in an attempt to resolve the matter highlighted;

(c) the LEAF and LAG Audit work. Concerns were again raised over the extent of the bureaucracy involved in auditing the LEAF and LAG Grant funds;

(d) the Performance Management audit. As had also been raised on a number of occasions by the Overview and Scrutiny Panel, some Members highlighted the difficulties they experienced in accessing the Council’s Performance Indicators via the covalent software system.

It was then:

RESOLVED

That the progress made against the 2018/19 Internal Audit Plan (and any key issues arising) be approved.

A.30/18 INTERNAL AUDIT CHARTER AND STRATEGY 2018/19

The Committee considered a report that sought to review (and recommend approval) of the Internal Audit Charter and Strategy for 2018/19.

In debate, it was recognised that only minimal changes to the Charter and Strategy were being proposed.

It was then:

RESOLVED

That the Internal Audit Charter and Strategy for 2018/19 be approved. Audit 11.10.18

A.31/18 SUNDRY DEBT

Members were presented with a report that provided an update on the progress made in monitoring and administering the recovery of Sundry Debt.

In debate, the following points were raised:-

(a) In making the point that Council Tax and Business Rates were separate to Sundry Debt, the Committee felt that an overview of all Council debt would be of interest to Members;

(b) Members were advised that the increase in Housing Benefits overpayments was largely attributed to the introduction of Universal Credit;

(c) With regard to Section 106 deposits, officers confirmed that they were no outstanding invoices at this moment;

(d) Members were informed that there was a sizeable amount of debt that was related to the Assets Community Of Practice (COP) (e.g. commercial property rent). In reply, the Committee was assured that the Senior Leadership Team had recently requested that the Assets COP present a revised set of Performance Indicators (e.g. number of vacant properties, unit turnaround and debt levels) and report on these more frequently. Officers gave a commitment to share this information with Committee Members.

It was then:

RESOLVED

That the progress made in monitoring and administering the recovery of Sundry Debt be noted.

A.32/18 STRATEGIC RISK ASSESSMENT – REGULAR UPDATE

The Committee considered a report that presented an updated assessment of the Council’s strategic risks.

In discussion, reference was made to the inclusion of the West Devon financial position. In light of its previous request, the Committee welcomed inclusion of this risk in the Corporate Risk Report but did retain its previously raised view that there was an apparent lack of Contingency Planning in the event of West Devon Borough Council (WDBC) failing to fulfil its financial obligations. Audit 11.10.18

Whilst assurances were given that the Senior Leadership Team was closely monitoring this risk, a Member did make the point that the scores allocated in the Register did not reflect the information that was being relayed during the One Council consultation exercise twelve months ago.

It was then:

RESOLVED

1. That the Committee has reviewed the strategic risks and has made comments (as detailed in the minutes above);

2. That Council be RECOMMENDED to adopt the updated Risk and Opportunity Management Strategy (as outlined in Appendix 3 of the presented agenda report); and

3. That Council be RECOMMENDED to rescind the Joint Risk Management Policy 2012 and the Joint Risk Management Strategy 2013.

A.33/18 AUDIT COMMITTEE DRAFT WORK PROGRAMME

In considering its draft Work Programme, the Committee agreed that:

- A standing agenda item entitled: ‘Grant Thornton Update Report’ be added to each meeting date; and

- The Review of the Council Constitution be brought forward to the Committee meeting on 31 January 2019.

(Meeting commenced at 10.05 am and finished at 12.05 pm) ______Chairman

O+S 1.11.18

MINUTES OF THE MEETING OF THE OVERVIEW & SCRUTINY PANEL HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY, 1 NOVEMBER 2018

Panel Members in attendance: * Denotes attendance Ø Denotes apology for absence * Cllr K J Baldry Ø Cllr E D Huntley * Cllr J P Birch * Cllr D W May * Cllr J I G Blackler * Cllr J T Pennington Ø Cllr B F Cane * Cllr K Pringle * Cllr J P Green * Cllr M F Saltern (Chairman) Ø Cllr J D Hawkins * Cllr P C Smerdon (Vice Chairman) * Cllr M J Hicks

Other Members also in attendance: Cllrs H D Bastone, I Bramble, J Brazil, D Brown, T R Holway, N A Hopwood, J A Pearce, R Rowe, R C Steer, R J Tucker, R J Vint, K R H Wingate and S A E Wright

Item No Minute Ref No Officers in attendance and participating below refers All Group Manager – Commercial Services; and Senior Specialist – Democratic Services 8 O&S.59/18 Group Manager – Support Services and Customer First and Commissioning Manager 9 O&S.60/18 Place Making Community Of Practice Lead 10 O&S.61/18 Monitoring Officer 11 O&S.62/18 Monitoring Officer 12 O&S.63/18 Group Manager – Business Development 14 O&S.65/18 Group Manager – Support Services and Customer First and Specialist – Performance and Intelligence

O&S.54/18 MINUTES

The minutes of the meeting of the Overview and Scrutiny Panel held on 4 October 2018 were confirmed as a correct record and signed by the Chairman.

O&S.55/18 DECLARATIONS OF INTEREST

Members and officers were invited to declare any interests in the items of business to be considered during the course of the meeting but there were none made.

O&S.56/18 URGENT BUSINESS

The Chairman informed that he had no items of urgent business to be raised at this meeting. O+S 1.11.18

O&S.57/18 PUBLIC FORUM

In accordance with the Public Forum Procedure Rules, the Chairman informed that there were no questions that had been received for consideration during this agenda item.

O&S.58/18 EXECUTIVE FORWARD PLAN

The Panel was presented with the most recently published Executive Forward Plan and proceeded to make the following comments:

(a) The Chairman informed that he had agreed that two additional items could be added to the Plan for consideration at the next Executive meeting that was scheduled to be held on 22 November 2018. These items were in relation to: the South West Mutual Bank and Heart of the South West Joint Committee Update. For clarity, the Chairman also confirmed that it was intended for these both to be considered as standalone agenda items at the Council meeting on 6 December 2018;

(b) Officers gave assurances that the published agenda report on Public Conveniences would take into account the recent Central Government Budget announcement that business rates would no longer need to be paid;

(c) With regard to the Council Tax Reduction New Scheme agenda item, the lead Executive Member advised that this matter was currently out to public consultation. As a consequence, the Member urged the wider membership to encourage their parishioners to take part in this consultation exercise.

O&S.59/18 CUSTOMER SATISFACTION ACTION PLAN

The Panel considered a report that detailed the draft Action Plan that sought to improve customer satisfaction across all Council services.

During his introduction, the lead Executive Member reaffirmed his wish that, once approved, the Customer Satisfaction Action Plan would become a standing agenda item at future meetings of the Executive. Also, the lead Member advised that the ambition would be to over achieve on the proposed targets and he highlighted the opportunity for the Panel to undertake detailed reviews into individual and collective elements of the Action Plan. O+S 1.11.18 In the ensuing discussion, reference was made to:-

(a) the proposed Customer Service Standards. Some Members expressed their concerns over the draft Service Standards. In particular, these Members felt that the telephone answer target of five minutes was an unacceptable target and should be revised to state ‘as quickly as possible’.

In light of the concerns, some Members were not willing to support the Standards as drafted and an amendment was therefore PROPOSED and SECONDED whereby Part 2 of the recommendation (i.e. that the proposed Customer Service Standards be supported) should be deleted.

Members proceeded to debate the amendment and a number expressed the view that, since these Standards were not permanently fixed (coupled with them being under constant review by the Executive), then they provided a target to work towards and therefore should be supported at this time.

When put to the vote, the amendment was declared LOST;

(b) the Housing Benefits pilot project. At the invitation of the Chairman, the Group Manager – Support Services and Customer First provided an update on the success of the pilot project whereby trained Contact Centre staff had been moved to work within the Benefits Community Of Practice. It was noted that the key successes had included an improvement in customer waiting times and an overall reduction in telephone calls received by the Council. In welcoming the success of the pilot, an additional recommendation was PROPOSED and SECONDED as follows:-

‘That the direction of travel in relation to the Housing Benefits / Contact Centre be endorsed.’

When put to the vote, this additional recommendation was declared CARRIED;

(c) performance improvements. The Panel stated its recognition of the corporate emphasis that was being given to making Council-wide improvements in customer service;

(d) the knock-on effects of improved customer service. In emphasising that the issue of customer service should not be looked at in isolation, a Member highlighted that the Council would begin to ascertain the real benefits if it properly costed (and compared) the average cost of dealing with an email against the average cost of dealing with a telephone call;

(e) automated acknowledgements. Some Members were of the view that consideration should be given to extending the Council’s automated acknowledgement processes to include customer telephone calls and emails that were sent direct to the Council. O+S 1.11.18 It was then:

RECOMMENDED

That the Executive be RECOMMENDED that:

1. the proposed Customer Satisfaction Action Plan (as detailed in Section 5 of the presented agenda report) be endorsed;

2. the proposed Customer Service Standards (as detailed in Appendix B of the presented agenda report) be supported; and

3. the direction of travel in relation to the Housing Benefits / Contact Centre pilot be endorsed.

O&S.60/18 TOWN CENTRES STRATEGY

The Panel considered a report that set out whether and what the approach of the Council should be to the vitality of town centres.

In discussion, reference was made to:-

(a) two additional recommendations. Whilst welcoming the agenda report, two additional recommendations were PROPOSED as follows:-

1. That there be a meeting of representatives of the Town Councils, their Neighbourhood Planning Groups, local Ward Members and Council Officers to consider and discuss the issues raised in the presented agenda report and to formulate, if possible, an agreed way forward; and 2. That Ivybridge Town Council be invited to set out how it anticipates this Council assisting it in meeting its aspirations set out in those parts of its Neighbourhood Plan relating to its town centre.

Having been assured that part 2 of the proposal was already being undertaken, the proposer withdrew this recommendation. Part 1 of the proposal was subsequently SECONDED and, when put to the vote, was declared CARRIED and added to the substantive motion;

(b) ‘Purple Tuesday’. Members highlighted the recent correspondence from Sarah Newton MP that sought support for the promotion of a new day dedicated to accessible shopping in the run up to Christmas 2018. It was noted that ‘Purple Tuesday’ would take place on Tuesday, 13 November and the aim would be to enable and encourage retailers across the country (and online) to introduce new measures to make the shopping experience more inclusive and accessible for disabled customers. A number of Members commended the intention of this Day and it was PROPOSED and SECONDED and when put to the vote declared CARRIED that:- O+S 1.11.18 ‘The Panel formally expresses its support for ‘Purple Tuesday’.

(c) the Neighbourhood Planning process. By way of caution, a Member advised that the process followed to adopt a Neighbourhood Plan was very difficult in itself, however, it was her experience that the actual delivery of the Plan, one adopted, was proving to be even harder;

(d) the Economic Development aspect of the role. Officers confirmed that the close linkages between Place Making and Economic Development were recognised and the lead officer advised that he did work closely with his colleagues in Business Development and Assets;

(e) car parking charges and public conveniences. A Member expressed the view that, whilst an honourable intention to improve the vitality of town centres, this was hampered by the Council proposals around increasing car parking charges and installing pay on entry systems in its public conveniences.

It was then:

RESOLVED

1. That the Panel support the proposed way forward (as outlined in Section 5 of the presented agenda report), subject to an additional action being included as follows:

‘That there be a meeting of representatives of the Town Councils, their Neighbourhood Planning Groups, local Ward Members and Council Officers to consider and discuss the issues raised in the presented agenda report and to formulate, if possible, an agreed way forward.’

2. That the Panel formally expresses its support for ‘Purple Tuesday’.

O&S.61/18 OMBUDSMAN ANNUAL REVIEW LETTER 2018

The Panel considered a report that presented the Local Government Ombudsman’s Annual Review Letter. The Letter outlined the details concerning Ombudsman complaints received against the Council for the period 1 April 2017 to 31 March 2018.

The lead Executive Member for Support Services introduced the report and, in highlighting the reduction in Ombudsman complaints during this period, felt this to be a positive result that indicated that the emphasis given by the Council to complaint handling was working. O+S 1.11.18 In discussion, reference was made to:-

(a) benchmarking information. The Panel debated the merits of obtaining benchmarking information to analyse how the Council compared against other similar local authorities. Such was the demographic of the South Hams population, that the overriding view was that any benefits that were gleaned from benchmarking would not justify the cost of the exercise;

(b) the improved trend in performance. Panel Members echoed the views of the lead Executive Member and welcomed the performance improvements in complaint handling. In addition, Members were also assured that the Council was reviewing (and taking learning points) from each complaint received. It was then:

RESOLVED

That the Ombudsman Annual Letter for 2018 (as outlined at Appendix A of the presented agenda report) has been reviewed with the overall improvement in complaint handling being welcomed.

O&S.62/18 REGULATION OF INVESTIGATORY POWERS ACT 2000 (RIPA) POLICY AND UPDATE

Consideration was given to a report that sought to:

- review and approve the Council’s RIPA Policy; - update Members on the use of RIPA; and - report on training for Council officers.

In discussion, reference was made to:-

(a) staff training on RIPA. In addition to a RIPA training session being arranged to take place at the end of November 2018, it was noted that a specific Senior Leadership Team session would be held during February 2019;

(b) the reporting of RIPA activity to Members. The Panel recognised the need for Members to be updated of RIPA activity more regularly than just the annual report. It was therefore requested that, as part of the quarterly performance measures reporting process, RIPA activity (and referrals (if any)) be included.

It was then: O+S 1.11.18 RESOLVED

1. That the Investigatory Powers Commissioner’s Office (IPCO) report and recommendations (as attached at Appendix A of the presented agenda report) be welcomed;

2. That the Executive RECOMMEND to Council that the updated RIPA Policy (as attached at Appendix B of the presented agenda report) be approved;

3. That it be acknowledged that there have been no RIPA Authorisations since the annual update to the Panel on 24 August 2017; and

4. That the amendments to the RIPA Act 2000 (effective from 1 November 2018) be noted.

O&S.63/18 GENERAL DATA PROTECTION REGULATION (GDPR) AND DATA PROTECTION POLICY UPDATE

A report was considered that provided the Panel with an overview of the key requirements of the GDPR and outlined the approach that the Council had taken. In addition, the report also recommended the adoption of an updated policy for the Council.

In discussion, the following points were raised:-

(a) It was noted that the initial concerns that had been raised over the potential impact on the Council of GDPR had proven to be unfounded;

(b) The Panel received assurances that, with regard to the special protection for children’s personal data requirements, this would be kept under constant review.

It was then:

RECOMMENDED

That the Executive RECOMMEND that Council:

1. approve the updated Data Protection Policy as detailed in Appendix A of the presented agenda report;

2. delegate approval of the related Codes of Practice and Protocol Documents (as summarised in Section 3 of the presented agenda report) to the Council’s Data Protection Officer; and

3. note and support the approach and progress made towards GDPR readiness by the Information Governance Group. O+S 1.11.18

O&S.64/18 MEMBER INDUCTION 2019: DRAFT PROGRAMME

A report was considered that presented the draft 2019 Member Induction Programme for the ultimate approval of the Panel.

In discussion, the following points were raised:-

(a) A number of Members commended the Programme and thanked the lead officer for his efforts in putting it together;

(b) The important role to be played by the Opposition Group Leader during the Induction Programme was recognised. Furthermore, some Members hoped that the new Council would see more Group Leader meetings scheduled into the Meeting Diary;

(c) It was agreed that, prior to its publication, the Purdah timetable should be included in the Programme;

(d) With regard to the proposed Joint South Hams / West Devon Member Sessions that were programmed, the majority of Members did feel it important for the new Councils to hold informal discussions following the local elections. It was then:

RESOLVED

That the Draft Member Induction Programme for 2019 (as outlined at Appendix A of the presented agenda report) be approved.

O&S.65/18 Q2 2018/19 PERFORMANCE REPORT

Members considered a report that presented the performance information for Quarter 2 in 2018/19.

In discussion, reference was made to:-

(i) the indicator related to the % of customer contact. The Panel asked that the merits of retaining this performance measure be given further consideration. In addition, some Members expressed their concerns over the Balanced Scorecard and the definitions that were applied in the key. Since the definitions could be applying a misleading picture, these Members felt that all aspects of the Balanced Scorecard should be reviewed. In his response, the lead Executive Member did express some sympathy with these comments; O+S 1.11.18 (ii) the Development Management Performance Measures. A detailed debate ensued on the measures and a number of concerns were raised. As a way forward, it was agreed that a ‘Development Management Performance Review’ would be given formal consideration at the joint meeting of the Panel and the Development Management Committee on 24 January 2019;

(iii) the waste service. The Chairman of the Waste Working Group advised that he had been inundated with complaints relating to the waste service in recent months. In highlighting the reputational damage that had been caused, the Member informed that the Working Group was giving its full support to the improvement measures that were being put in place by officers. It was then:

RESOLVED

1. That the performance levels against target communicated in the Balanced Scorecard and the performance figures supplied in the Background and the Exception report be noted; and

2. That all aspects of the Balanced Scorecard be reviewed.

O&S.66/18 TASK AND FINISH GROUP UPDATES

Since there were no active Task and Finish Groups at this time, there were no updates given to this Panel meeting.

O&S.67/18 ACTIONS ARISING / DECISIONS LOG

The contents of the latest version of the Log was presented for consideration.

In the subsequent discussion, reference was made to:-

(a) accessing the latest performance dashboard information on Member IPads. The Chairman made reference to a recent email that had been sent to Members and confirmed that this matter had now been resolved;

(b) the actions arising from the Code of Conduct Complaints Process. The Panel requested that an update on these actions should be sought from the lead officer;

(c) the Metric Group. By way of an update, the Panel was advised that the compensatory offer still remained unsatisfactory (Minute O&S.36/18 refers). It was therefore agreed that, in the event of this matter remaining unresolved, then representatives from the organisation should be invited to attend the Panel meeting on 24 January 2019. O+S 1.11.18

O&S.68/18 DRAFT ANNUAL WORK PROGRAMME

The Panel noted the contents of its latest Annual Work Programme and made the following comments, additions and amendments:-

- The Panel was reminded of the earlier request for the joint meeting with the Development Management Committee on 24 January 2019 to include an agenda item entitled: ‘Development Management Performance Review’. As a result, the Panel also requested that its meeting on the afternoon of this date should revert back to a 2.00pm start time; - The potential invitation for Metric Group Representative(s) to attend the Panel meeting on 24 January 2019 was formally noted; and - Members agreed that the Quarter 3 Performance Measures should also be included on the agenda for the Panel meeting on 24 January 2019.

(Meeting started at 10.00 am and concluded at 11.50 am)

______Chairman Dev Management 07.11.18

MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 7 NOVEMBER 2018

Members in attendance * Denotes attendance Ø Denotes apologies

* Cllr I Bramble Ø Cllr J M Hodgson * Cllr J Brazil * Cllr T R Holway * Cllr D Brown * Cllr J A Pearce * Cllr P K Cuthbert * Cllr R Rowe * Cllr R J Foss (Vice Chairman) * Cllr R C Steer (Chairman) * Cllr P W Hitchins (pm only) * Cllr R J Vint

Other Members also in attendance: Cllrs Baldry, Bastone, Birch, Hopwood and Tucker

Officers in attendance and participating:

Item No: Application No: Officers: All agenda COP Lead Development Management, items Planning Senior Specialist, Planning Specialists, Deputy Monitoring Officer, Specialist Democratic Services

DM.34/18 MINUTES The minutes of the meeting of the Committee held on 3 October 2018 were confirmed as a correct record and signed by the Chairman, subject to the following amendment:

The reasons for refusal of application 4323/17/FUL: Demolition of existing building and construction of a two bedroom house – The Crab Pot, Beesands, Stokenham, be amended to reflect the decision notice issued for the application as follows:

1. The proposed dwelling by virtue of its size, massing and design would be incongruous with the site context and as such would be detrimental to the visual amenity of the street scene in this sensitive coastal location within the South Devon Area of Outstanding Natural Beauty, contrary to Policies CS9 and CS7 of the South Hams Core Strategy and policies DP1 and DP2 of the Development Policies DPD as well as Paragraph 127 of the NPPF 2018. Dev Management 07.11.18

2. The proposal has not provided sufficient evidence of the continuous use of the building for residential purposes such that its replacement can be appropriately considered against the relevant planning policy for replacement dwellings. As such, in accordance with paragraph 160 of the National Planning Policy Framework and policy DP4 of the Development Policies DPD, the applicant has failed to demonstrate that the safety of future users of the site from the risk of flooding will be assured for the lifetime of the development. There is no flood evacuation plan provided, nor is there a reasonable route that can be foreseen to provide a safe means of access and egress at times of flooding.

DM.35/18 DECLARATIONS OF INTEREST Members and officers were invited to declare any interests in the items of business to be considered and the following were made:

Cllr Vint declared a personal interest in applications 2075/18/FUL: conversion of B1 office to C3 residential including demolition of modern extensions to listed building. Erection of detached dwelling to rear garden of property, and 2076/18/LBC: Listed Building Consent for conversion of B1 office to C3 residential including demolition of modern extensions to listed building. Erection of detached dwelling to rear garden of property – 18 Bridgetown, Totnes, by virtue of knowing registered objectors and he remained in the meeting and took part in the debate and vote thereon;

Cllrs Bramble and Foss both declared a personal interest in application 2827/18/FUL: Demolition of mono-pitched store and conversion of main livestock building to 5 bedroom detached dwelling with guest suite, integrated garage and parking/turning area – Scarswell, Slapton, by virtue of knowing the applicant and both Members remained in the meeting and took part in the debate and vote thereon;

Cllr Holway declared a personal interest in application 2080/18/FUL: New driveway to existing dwelling and new detached dwelling – Cachel, Onslow Road, Salcombe by virtue of being acquainted with the applicant and he remained in the meeting and took part in the debate and vote thereon;

Cllr D Brown declared a personal interest in the following planning applications that were sited within the South Devon AONB by virtue of being a Member of the South Devon AONB Partnership Committee and remained in the meeting and took part in the debate and vote thereon:

3475/17/OPA: Outline application with some matters reserved (only access to be considered) for residential development of up to 210 dwellings, public open space, green infrastructure, strategic landscaping and associated infrastructure – Proposed Development Site at SX 857 506, Land south of Townstal Road, Dartmouth; 1884/18/FUL: Application for amendments to planning approval 2771/16/FUL (Demolition of redundant club and meeting rooms and construction of 4no. dwelling units) including changes to roofs and garages - Tuscanys Social Club, Legion Lane, Brixton, PL8 2AN Dev Management 07.11.18

2031/18/FUL: Construction of new dwelling on land adjoining 'The Old Byre' - Lower Court Barns, The Old Byre, Strete, TQ6 0RW

2231/18/FUL: Creation of new two bedroom bungalow, with garage and relocation of garage to original house - Crofters Cottage, Raddicombe Lane, Hillhead

2827/18/FUL: Demolition of mono-pitched store and conversion of main livestock building to 5 bedroom detached dwelling with guest suite, integrated garage and parking/turning area - Scarswell, Slapton, TQ7 2RD

2080/18/FUL: New driveway to existing dwelling and new detached dwelling - Cachel, Onslow Road, Salcombe, TQ8 8AH

2236/18/HHO: Householder application for proposed detached garage and home office and associated external works (resubmission of 1441/18/HHO) - 7 Brownhill Lane, Wembury, PL9 0JQ

DM.36/18 PUBLIC PARTICIPATION The Chairman announced that a list of members of the public and town and parish council representatives, who had registered their wish to speak at the meeting, had been circulated.

DM.37/18 PLANNING APPLICATIONS The Committee considered the details of the planning applications prepared by the Planning Case Officers as presented in the agenda papers, and considered also the comments of Town and Parish Councils together with other representations received, which were listed within the presented agenda reports, and RESOLVED that:

3475/17/OPA: Proposed Development Site SX857 506, Land south of Townstal Road, Dartmouth

Parish: Stoke Fleming

READVERTISEMENT (Revised Plans) Outline application with some matters reserved (only access to be considered) for residential development of up to 210 dwellings, public open space, green infrastructure, strategic landscaping and associate infrastructure

Case Officer Update: None

Speakers included: Supporter – Mr Robin Upton: Parish Council representative – Cllr Struan Coupar: Town Council representative – Cllr David Gent; Ward Members – Cllr Hicks (statement read out), Cllr Bastone Dev Management 07.11.18

Recommendation: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

However, in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead Development Management in consultation with the Chairman of the Committee, and if no progress is being made, delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement.

Committee Decision: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

However, in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead Development Management in consultation with the Chairman of the Committee, and if no progress is being made, delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement.

Conditions: 1. Details of the appearance, landscaping, layout and scale (the reserved matters) for each phase or phases of the development to be agreed 2. Application for approval of the reserved matters for the first phase of the development shall be made to the local planning authority not later than four years from the date of this permission. 3. The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters to be approved for the first phase of the development 4. The development shall be carried out in accordance with the approved plan 5. Phasing condition 6. LEMP to be agreed 7. Percolation test condition 8. Detailed design of the proposed permanent surface water drainage management system to be submitted and agreed 9. Groundwater monitoring programme results to be submitted and agreed 10. Full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system submitted and approved 11. Detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction submitted and approved 12. Ecological mitigation strategy for each phase submitted and approved 13. Details of tree protection measures 14. Construction management plan 15. No part of the development hereby approved shall be commenced until:  The access road and roundabout in phase 1 [application 15_51/1710/14/O (Appeal Decision APP/K1128/W/15/3039104),] has been laid out, kerbed, drained and constructed up to base course level for the first 20 metres back from its junction with the public highway;  The ironwork has been set to base course level and the visibility splays Dev Management 07.11.18

required by this permission laid out; and  The footway on the public highway frontage between phase 1 and the Leisure Centre required by the phase 1 permission has been constructed up to base course level; and  a site compound and car park have been constructed to the written satisfaction of the Local Planning Authority 16. Archaeology condition 17. For internal roads on the site within an approved phase of the development hereby permitted; the proposed estate road, cycleways, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, surface water outfalls, road maintenance/vehicle overhang margins, embankments, visibility splays, accesses, car parking arrangements and street furniture within that phase shall be constructed and laid out in accordance with details to be submitted and approved 18. Unsuspected contamination 19. No part of the development hereby permitted shall be occupied until a verification report, demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation, has been submitted to, and approved in writing by, the local planning authority. 20. Car parking arrangements 21. Lighting Strategy

3954/17/FUL Proposed Phase 2 development site at SX 619 565, immediate north of Harford Mews, Cornwood Road, Ivybridge

Parish: Ivybridge

Erection of 101 dwellings including all associated Public Open Space, landscaping and all other associated works

Case Officer Update: None

Speakers included: Objector – Mr Jack Aust; Supporter – Mr Ben Smith; Town Council representative – Cllr Sarah Hladkij; Ward Member – Cllr Saltern (statement read out)

Recommendation: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

However, in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead Development Management in consultation with the Chairman of the Committee, and if no progress is being made, delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement. Dev Management 07.11.18

Committee Decision: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

However, in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead Development Management in consultation with the Chairman of the Committee, and if no progress is being made, delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement.

Conditions: 1. Time 2. Accords with plans 3. CEMP 4. LEMP 5. Travel plan to be submitted, approved and implemented 6. Proposed estate roads etc to be constructed and laid out in accordance with details to be agree by LPA 7. Phasing to be agreed 8. Roads for each phase to be provided 9. Unsuspected contamination 10. Mitigation of recreational impacts on Tamar SAC 11. Exterior lighting to be agreed 12. Detailed hard and soft landscaping to be agreed and implemented, including levels and means of access to POS. 13. Tree and hedgerow protection to be agreed and implemented 14. Materials to be agreed 15. Details of boundary treatments and retaining walls/structures to be agreed, including siting. 16. Pre-commencement - Detailed design of surface water management scheme 17. Pre-commencement - Construction phase surface water management scheme 18. Details of management of drainage 19. Provision of parking and turning areas prior to occupation 20. Removal of PD – boundary treatments, hard standings, roof extensions 21. Removal of PD – plots 23 -42 only – extensions and outbuildings 22. Provision of electric charging points – details to be agreed and implemented.

2075/18/FUL 18 Bridgetown, Totnes

Parish: Totnes

Conversion of B1 office to C3 residential including demolition of modern extensions to listed building. Erection of detached dwelling to rear garden of property

Case Officer Update: None

Speakers included: None

Recommendation: Conditional Approval Dev Management 07.11.18

Committee Decision: Site Inspection

2076/18/FUL 18 Bridgetown, Totnes

Parish: Totnes

Listed Building Consent for conversion of B1 office to C3 residential including demolition of modern extensions to listed building. Erection of detached dwelling to rear garden of property

Case Officer Update: None

Speakers included: None

Recommendation: Conditional Approval

Committee Decision: Site Inspection

1303/18/OPA Land adjacent to New Park Road, Lee Mill

Parish: Sparkwell

Outline application with all matters reserved except for access, for residential development of up to 110 dwellings with open space, landscaping, allotments, drainage infrastructure, estate roads and associated development

Case Officer Update: None

Speakers included: Objector – Mrs Lesley Hughes: Supporter – Mr Ed Haynes: Parish Council Representative – Cllr Andrew Ashley: local Ward Member – Cllr Baldry

Recommendation: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

However, in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead Development Management in consultation with the Chairman of the Committee, and if no progress is being made, delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement.

Committee Decision: Refusal Dev Management 07.11.18

Reasons:

1. The proposed development in the countryside will result in a significant extension and expansion of the village of Lee Mill which has already had significant amounts of new housing in recent years that exceed the housing needs of the Parish. The proposed development will add substantially to the cumulative impact of new development in the village that delivered as unplanned development in a short time frame, without adequate supporting infrastructure will adversely impact on the social wellbeing and character of the village. As such the proposed development is not sustainable and is contrary to principles of the NPPF, in particular paragraphs 8, 11 and 92 and is contrary to Policies CS1 and DP15 of the South Hams Local Development Framework and Policies SPT1, SPT2 and TTV30 and TTV31 of the emerging Plymouth and South West Devon Joint Local Plan

2. The proposal would generate a requirement for a signed Section 106 agreement to deliver identified planning obligations. The absence of such a signed agreement is contrary to policies CS6, CS8, CS10, DP5 and DP8 and of the South Hams Local Development Framework, policies DEV9, DEV28, DEV29, DEV32 of the emerging Plymouth and South West Devon Joint Local Plan and paragraphs 54, 56 and 57 of the National Planning Policy Framework.

1884/18/FUL Tuscanys Social Club, Legion Lane, Brixton

Parish: Brixton

Application for amendments to planning approval 2771/16/FUL (Demolition of redundant club and meeting rooms and construction of 4 no. dwelling units) including changes to roofs and garages

Case Officer Update: Proposed amendment to condition 14, access road to be provided prior to the occupation of the second dwelling

Speakers included: Objector – Mr Martyn Oates: Supporter – Mr Andrew Lethbridge/Mr Rod Smith: local Ward Member – Cllr Brown

Recommendation: Conditional Approval subject to the submitted engrossed Section 106 agreement which secures the following: Secondary education contribution of £10,944 Secondary education transport contribution of £2,859 Open Space, Sport and Recreation: £11,900 pitches – facilities at Horsham Playing Fields and £7,600 for play – facilities on the Brixton Play Trail

During a detailed discussion on this application, concerns were raised over the Dev Management 07.11.18

land slip that had taken place and the engineering works that were required. As a result, it was PROPOSED, SECONDED and on being put to the vote CARRIED, that the final wording of Condition 4 be delegated to the COP Lead Development Management in consultation with the Chairman and local Ward Members.

Committee Decision: Conditional Approval subject to the submitted engrossed Section 106 agreement which secures the following: Secondary education contribution of £10,944 Secondary education transport contribution of £2,859 Open Space, Sport and Recreation: £11,900 pitches – facilities at Horsham Playing Fields and £7,600 for play – facilities on the Brixton Play Trail

Conditions: 1. Accords with plans 2. Samples of roof materials and slate cladding to be agreed or accord with details previously agreed 3. Windows and doors to be timber and retained as such 4. No further excavation works or works to construct/provide the new access road shall take place within the site until a structural survey of northern bank has been undertaken and scheme for ensuring stability of the bank submitted and approved by the LPA and then implemented in accordance with a timetable of works to be agreed. 5. Details of any retaining walls to be submitted and agreed with LPA prior to their Construction or to accord with any details submitted and approved under planning ref 0703/18/ARC. 6. Trees protection 7. Tree protection plan to be submitted, agreed and implemented or accord with details previously agreed under 4296/17/ARC 8. Adherence to recommendations in Butler Ecology Report dated 21 August 2014. 9. Details of levels to be submitted and agreed, including cross sectional drawings through the site or accord with level details previously agreed under 2437/17/ARC 10. Detailed landscaping scheme to be submitted and approved or accord with details as may be agreed as part of planning ref 3091/18/ARC 11. Removal of PD rights regarding roof extensions, roof alterations, flues and chimneys, extensions, outbuildings and boundary treatment. 12. Garages and car port to be retained for parking of motor vehicles only. 13. Turning head in front of Plot 3 to be provided in accordance with details prior to occupation of first dwelling and to be retained for turning purposes only; not be to be used for parking of cars nor to be obstructed in any other way. 14. Access road to be provided in accordance with approved plans prior to occupation of the first dwellings. 15. Details of surface treatment of all hard surfaces including access road to be submitted to and approved by LPA or to accord with details approved under ref 2437/17/ARC 16. Development to accord with Construction Management Plan approved under ref 2437/17/ARC unless otherwise agreed in writing. 17. Universal condition for development on land affected by contamination – or to accord with details approved under 2437/17/ARC Dev Management 07.11.18

18. Verification Report (contaminated land) 19. Unsuspected Contamination 20. No street lighting unless previously agreed with LPA 21. Drainage to accord with approved details and retained and maintained

2031/18/FUL Lower Court Barns, Old Byre, A379 Strete Village, Strete

Parish: Strete

Construction of a new dwelling on land adjoining ‘The Old Byre’

Case Officer Update: Two further conditions proposed, relating to the buddel hole and the stone walling. A further condition was added on external lighting

Speakers included: Objector – Mr Nigel Backwith: Supporter – Mr Mark Evans: Parish Council Representative – Cllr Kate Gill: local Ward Member – Cllr Foss

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

Conditions: - Time - In accordance with plans - Remove PD - In accordance with ecology report - Unsuspected contamination - Foul drainage (pre-commencement) - In accordance with SWD - Retention of surrounding hedging and trees - Details of trees to be planted - Screening planting along footpath to prevent overlooking of School House. - Details of potential noise from air source heat pump Plus further conditions proposed re buddel hole and stone walling, and external lighting

2231/18/FUL Crofters Cottage, Raddicombe Lane, Hillhead

Parish: Kingswear

Creation of new two bedroom bungalow, with garage and relocation of garage to original house

Case Officer Update: None

Speakers included: Objector – Mr Bob Bowling: Supporter – Mr Barry Dev Management 07.11.18

Lowe: Parish Council Representative – Cllr Hector Newcombe: local Ward Member – Cllr Rowe

Recommendation: Conditional Approval

During discussion, an additional condition was agreed that would set out the timings of deliveries and external works

Committee Decision: Conditional Approval

Conditions: - Time - In accordance with plans - Remove PD - Unsuspected contamination - Surface water drainage - Foul drainage - Details of landscaping and boundaries, including parking Plus additional condition regarding construction management

2827/18/FUL Scarswell, Slapton

Parish: Slapton

Demolition of mono-pitched store and conversion of main livestock building to 5 bedroom detached dwelling with guest suite, integrated garage and parking/turning area

Case Officer Update: None

Speakers included: Supporter – Mr Jeff Beer: local Ward Member – Cllr Foss

Recommendation: Refusal

Committee Decision: Refusal

2080/18/FUL Cachel, Onslow Road, Salcombe

Parish: Salcombe

READVERTISEMENT (Revised Plans) New driveway to existing dwelling and new detached dwelling

Case Officer Update: One late letter received, summarised for Members

Speakers included: Objector – Mr Richard Wootton: Supporter – Mrs Sue Ruffell: Town Council Representative – Cllr Nikki Turton; local Ward Members - Cllrs Pearce/Wright Dev Management 07.11.18

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

Conditions: 1. Time Limit 2. In accordance with Plans 3. Removal of PD – Extensions 4. Removal of PD – Boundaries 5. Lighting 6. CEMP 7. External Materials 8. Hard and Soft Landscaping including Boundaries 9. Replacement Planting in the Event Plants Die 10. Approved Boundaries retained in Perpetuity 11. Drainage 12. Access/ parking/ turning areas provided and retained

2236/18/HHO 7 Brownhill Lane, Wembury

Parish: Wembury

Householder application for proposed detached garage and home office and associated external works (resubmission of 1441/18/HHO)

Case Officer Update: An additional condition should be added in respect of external lighting in the interests of the visual and residential amenities of the locality.

Speakers included: Objector – Mr John Holden: Supporter – Mr Andrew Newcombe: local Ward Member – Cllr Brown

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

Conditions in summary: . Standard time limit . Adherence to plans . Drainage condition . Management plan for western boundary . Details of any external lighting to be submitted to and approved in writing prior to installation

DM.38/18 PLANNING APPEALS UPDATE

Members noted the list of appeals as outlined in the presented agenda report. Dev Management 07.11.18

DM.39/18 PLANNING PERFORMANCE INDICATORS

Members were presented with a report that set out the latest Performance Indicator data. The COP Lead DM introduced the report. During discussion, Members considered the merits of applying extensions of time to applications and the COP Lead advised that in some instances they were used to improve the customer experience.

It was then:

RESOLVED that the Performance Indicators be noted

DM.40/18 PLANNING SCHEME OF DELEGATION

Members were presented with a report that sought approval of an amendment to the Scheme of Delegation with respect to applications for discharge of conditions on planning approvals.

It was then:

RESOLVED

That Council be RECOMMENDED to approve the amended Planning Scheme of Delegation as set out in Appendix A of the presented report.

(Meeting commenced at 9.30am and concluded at 6.50pm)

______Chairman Dev Management 07.11.18

Voting Analysis for Planning Applications – DM Committee 7 November 2018 Application Site Address Vote Councillors who Voted Yes Councillors who Voted No Councillors who Absent No: Voted Abstain

Proposed development site SX 857 Cllrs Foss, Bramble, Steer, Conditional 3475/17/OPA 506, Land south of Townstal Road, Holway, Rowe, Cuthbert, Cllr Brazil (1) (0) Cllrs Hitchins, Approval Dartmouth Pearce, Brown, Vint (9) Hodgson (2)

Proposed Phase 2 Development Conditional Cllrs Foss, Holway, Brazil, Cllrs Cuthbert, Brown (2) (0) Cllrs Hitchins, 3954/17/FUL site at SX 619 565, immediate north Approval Vint, Pearce, Bramble, Steer, Hodgson (2) of Harford Mews, Cornwood Road Foss (8)

18 Bridgetown, Totnes Cllrs Holway, Rowe, Vint, Cllrs Brazil, Steer, Foss (3) (0) Cllrs Hitchins, 2075/18/FUL Site Inspection Bramble, Pearce, Cuthbert, Hodgson (2) Brown (7)

18 Bridgetown, Totnes Cllrs Holway, Rowe, Vint, Cllrs Brazil, Steer, Foss (3) (0) Cllrs Hitchins, 2076/18/LBC Site Inspection Bramble, Pearce, Cuthbert, Hodgson (2) Brown (7)

Land adjacent to New Park Road, Cllrs Brazil, Vint, Hitchins, Cllrs Steer, Foss, Bramble, (0) Cllr Hodgson 1303/18/OPA Refusal Lee Mill Pearce, Cuthbert, Brown (6) Holway, Rowe (5) (1)

Tuscanys Social Club, Legion Lane, Cllrs Brazil, Vint, Hitchins, (0) (0) Cllr Hodgson Conditional 1884/18/FUL Brixton Pearce, Cuthbert, Brown, (1) Approval Steer, Foss, Bramble, Holway, Rowe (11)

Lower Court Barns, Old Byre, Strete Conditional Cllrs Steer, Vint, Rowe, Cllrs Brazil, Hitchins, Bramble, (0) Cllr Hodgson 2031/18/FUL Approval Cuthbert, Holway, Brown (6) Pearce, Foss (5) (1) Dev Management 07.11.18

Crofters Cottage, Raddicombe Conditional Cllrs Steer, Hitchins, Pearce, Cllrs Brazil, Vint, Rowe, Cuthbert Cllr Foss (1) Cllr Hodgson 2231/18/FUL Lane, Hillhead Approval Brown, Bramble, Holway (6) (4) (1)

Scarswell, Slapton Cllrs Brown, Holway, Rowe, Cllrs Steer, Hitchins, Pearce, (0) Cllr Hodgson 2827/18/FUL Approval Foss (4) Cuthbert, Bramble, Brazil, Vint (1) (7)

Scarswell, Slapton Cllrs Steer, Hitchins, Pearce, Cllrs Brown, Holway, Rowe, (0) Cllr Hodgson 2827/18/FUL Refusal Cuthbert, Bramble, Brazil, Foss (4) (1) Vint (7)

Cachel, Onslow Road, Salcombe Cllrs Steer, Foss, Pearce, (0) Cllr Brazil (1) Cllr Hodgson Conditional Bramble, Rowe, Brown, (1) 2080/18/FUL Approval Hitchins, Vint, Cuthbert, Holway (10)

7 Brownhill Lane, Wembury Cllrs Steer, Foss, Pearce, Cllr Brown (1) (0) Cllr Hodgson Conditional 2236/18/HHO Bramble, Rowe, Brazil, (1) Approval Hitchins, Vint, Cuthbert, Holway (10)

Licensing 8.11.18

MINUTES OF THE MEETING OF THE LICENSING COMMITTEE HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY 8 NOVEMBER 2018

MEMBERS

* Cllr D W May - Chairman

* Cllr T R Holway - Vice-Chairman

* Cllr K Baldry Ø Cllr R J Foss * Cllr J I G Blackler Ø Cllr P W Hitchins * Cllr D Brown * Cllr N A Hopwood * Cllr B F Cane Ø Cllr K Pringle * Cllr P K Cuthbert Ø Cllr R Rowe

* Denotes attendance Ø Denotes apology for absence

Officers in attendance and participating: Licensing Specialist; Deputy Monitoring Officer and Senior Specialist – Democratic Services

Also in attendance and participating: Cllr J A Pearce

L.09/18 MINUTES

The minutes of the meeting of the Licensing Committee held on 23 August 2018 were confirmed as a correct record and signed by the Chairman.

L.10/18 DECLARATIONS OF INTEREST

Members were invited to declare any interests in the items of business to be considered during the course of the meeting, but there were none made.

L.11/18 THREE-YEARLY REVIEW OF GAMBLING STATEMENT OF LICENSING PRINCIPLES

Consideration was given to a report that sought to recommend approval of the draft Statement of Principles.

During her introduction, the Licensing Specialist outlined the summary of proposed changes and the consultation responses that had been received. Licensing 8.11.18

In discussion, the following points were raised:-

(a) A number of Members wished to thank the lead officers for producing an excellent piece of work. Of particular credit was felt to be the ‘Children and Vulnerable Persons’ section of the draft Statement of Principles. Furthermore, thanks were also extended to Ivybridge Town Council for submitting a response to the consultation exercise;

(b) The view was expressed that the ‘Health, Safety and Wellbeing Implications’ in the published agenda report should have been populated to reflect the fact that this criterion had been given serious consideration during the review.

It was then:

RECOMMENDED

That Council be RECOMMENDED to adopt the amended Draft Statement of Principles (as attached at Appendix A of the presented agenda report) for the period 31 January 2019 to 30 January 2022.

L.12/18 SUMMARY OF NEW / VARIATION PREMISES LICENCES AND CLUB PREMISES CERTIFICATES ISSUED BETWEEN 1 OCTOBER 2017 TO 30 SEPTEMBER 2018

Members were presented with a paper that provided them with a summary of the licences that had been issued between 1 October 2017 and 30 September 2018.

When questioned, officers confirmed that two of the applications that had initially been withdrawn (Sea Change Festival, Dartington and Bellinis Bar, Dartmouth) had been re-submitted and granted by officers.

It was then:

RESOLVED

That the summary of licences issued between 1 October 2017 and 30 September 2018 be noted.

L.13/18 RESULT OF THE CONSULTATION EXERCISE ON A PROPOSAL TO ADOPT A NEW TAXI RANK AT CLIFTON PLACE, SALCOMBE

A report was considered that presented the outcome of the consultation exercise that had been undertaken on a proposal to adopt a new Traffic Regulation Order to create a ‘no waiting except for Taxis’ bay on Clifton Place, Salcombe. Licensing 8.11.18

In her introduction, the Licensing Specialist highlighted that two representations had been received and the key issues (as outlined in full at Appendix B of the presented agenda report) were summarised.

In the ensuing debate, reference was made to:-

(a) the two representations. Some Members expressed their surprise that the consultation exercise had only generated two representations;

(b) the views of a local Ward Member. The local Ward Member in attendance confirmed that she had no objections to the proposed taxi stand;

(c) the proposed 11.00am to 1.00am operating hours. The Licensing Specialist clarified that the 11.00am start time had been proposed to minimise any potential disruption to early morning delivery times.

It was then:

RESOLVED

That, in accordance with Section 63 of the Local Government (Miscellaneous Provisions) Act 1976, the proposed Taxi Stand at Clifton Place, Salcombe be appointed with immediate effect.

(Meeting commenced at 12.05 pm and concluded at 12.35 pm).

______Chairman Licensing 8.11.18 Executive 22.11.18

MINUTES OF A MEETING OF THE EXECUTIVE HELD AT FOLLATON HOUSE ON THURSDAY 22 NOVEMBER 2018

Members in attendance: * Denotes attendance Ø Denotes apologies for absence * Cllr H D Bastone * Cllr R J Tucker (Chairman) * Cllr R D Gilbert * Cllr S A E Wright (Vice Chairman) * Cllr N A Hopwood * Cllr K R H Wingate

Also in attendance and participating Item 6 E.42/18 Cllrs Brazil, Green and Pennington Item 7 E.43/18 Cllrs Bramble, Green, Pearce, Pennington and Vint Item 9 E.45/18 Cllr Baldry Item 10 E.46/18 Cllrs Baldry, Birch, Brazil, Brown, Green, Hicks, Hitchins, May, Pearce, Saltern, Steer and Vint Item 12 E.48/18 Cllr Green Item 13 E.49/18 Cllrs Baldry, Brazil, Green and Pearce

Officers in attendance and participating All items Head of Paid Service, Group Manager Customer First and Support Services and Senior Specialist – Democratic Services Item 7 E.43/18 Group Manager – Business Development Item 8 E.44/18 Community Of Practice Lead – Environmental Health Item 10 E.46/18 Group Manager – Commercial Services; Community Of Practice Lead – Environment Services; Senior Specialist (Commercial Services); and Senior Specialist (Assets) Item 12 E.48/18 Senior Specialist (Assets) Item 13 E.49/18 Section 151 Officer, Group Manager – Commercial Services and Commissioning Manager (Waste)

E.39/18 MINUTES

The minutes of the Executive meeting held on 13 September 2018 were confirmed as a true and correct record and signed off by the Chairman.

E.40/18 DECLARATIONS OF INTEREST

Members and officers were invited to declare any interests in the items of business to be considered during the course of this meeting and the following were made:

The Chairman informed that, as a consequence of Executive Procedure Rule 1.9.4 (below): Executive 22.11.18

‘Where a decision relates to an Executive Members’ local ward, that Member may take part in the discussion, but will abstain from any vote on the item.’

the Council’s Deputy Monitoring Officer had granted himself and Cllrs Bastone, Gilbert and Wright a Dispensation to be able to take part in the vote on agenda item 10: ‘Public Toilet Review’ (Minute E.46/18 below refers). It was noted that this Dispensation would be in force until the next Annual Council meeting in May 2019;

Cllr R F D Gilbert declared a personal interest in agenda item 6: ‘Heart of the South West Joint Committee Update’ (Minute E.42/18 below refers) by virtue of sitting on the Local Enterprise Partnership Board and, in light of the close linkages between the Board and the Heart of the South West, he remained in the meeting during the debate, but abstained from the vote on this item;

Cllr R F D Gilbert also declared a personal interest in agenda item 7: ‘Supporting the Formation of South West Mutual’ (Minute E.43/18 below refers) by virtue of being the Devon County Council lead Member for the Economy. Whilst he remained in the meeting, he did not take part in the debate and abstained from the vote on this item;

Cllr R F D Gilbert also declared a Disclosable Pecuniary Interest in agenda item 10: ‘Public Toilet Project’ (Minute E.46/18 below refers) and specifically the proposals for the Ferry Steps at East Portlemouth. In the event of any discussion ensuing on the proposals for this site, Cllr Gilbert informed that he would leave the meeting room.

E.41/18 PUBLIC QUESTION TIME

It was noted that the following public questions had been received in accordance with the Executive Procedure Rules, for consideration at this meeting:

1. Question received from Mr Colin Luker

‘The SHDC Councillors will no doubt be aware that on 5 November 2018, Totnes Town Council unanimously approved a similar motion to that below. I am now asking the South Hams District Council to support a similar motion.

“I would ask the SHDC to write to Sarah Wollaston MP and to the Secretary of State for Work & Pensions to pause the managed roll- out of Universal Credit whilst necessary amendments are made.

Without the needed vital changes, it is highly likely that Universal Credit will have a significant detrimental impact on many residents & families in South Hams. Executive 22.11.18

The recent Secretary of State for Work & Pensions, Esther McVey, acknowledged that many people would be financially worse off as a result of their existing benefits being consolidated into one payment.”

May I request a polled vote on this matter.’

In response, Cllr Tucker informed that the Executive had no jurisdiction to ask that a letter be written on behalf of the Council without the prior approval of the Council. That being said, Cllr Tucker did wish to provide some relevant background facts as follows:-

- The Council had closely observed the national picture with regard to Universal Credit and had monitored closely the recent roll out in South Hams; - Areas of the South Hams first went to full service in April 2018, with the remainder of the District (including Totnes) going in September 2018; - Council officers were working very closely with the Department of Work and Pensions and Job Centre Plus and had processes in place to assist the most vulnerable to ensure that people did not slip through the net; - The Council had used its Discretionary Housing payment pot to assist people in financial hardship with their living costs and the Council’s Housing Options service was also assisting; - Furthermore, Citizens Advice was offering budgeting support and residents could receive assistance with making their claim online from Mobile Locality Officers and by coming in to the Council offices; - The new Secretary of State for Works & Pensions had indicated that she would be listening very carefully to concerns over Universal Credit and it was important to give her the opportunity to undertake this task.

In reply to a supplementary question over the Council’s position regarding the abolition of severe disability premium, Cllr Tucker reaffirmed his previous point that the Executive was in no position to provide a formal Council view in this respect.

2. Question received from Dr Rob van Es

‘Will the Council agree that to close the toilets at Millbay, East Portlemouth, will result in visitors using the unofficial public convenience of the adjacent woodland, causing untreated urine and faeces to run-off into the freshwater stream running across the beach, which is a favourite playing area for children?’

In reply, Cllr Tucker advised that a revised recommendation would be tabled to the meeting during consideration of agenda item 10: ‘Public Toilet Review’ (agenda item E.46/18 below refers) that was likely to allay Dr Van Es’ concerns. Executive 22.11.18

3. Question received from Mrs Fiona van Es

‘I read with grave concern of the possible closure of the Mill Bay toilets in East Portlemouth so my question is this:

Is it considered safe and reasonable for families with young children to have to walk ten minutes to the ferry toilets along a busy single track road.’

Cllr Tucker replied by reiterating the response he delivered to Question 2 (above) whereby a revised recommendation would be tabled to the meeting during consideration of agenda item 10: ‘Public Toliet Review’ (agenda item E.46/18 below refers) that was likely to allay Mrs Van Es’ concerns.

E.42/18 HEART OF THE SOUTH WEST JOINT COMMITTEE UPDATE

A report was considered that reminded Members that the Heart of the South West Joint Committee was formally established in early 2018 by the partner councils and organisations that had been involved since 2015 in the Devolution Partnership. The report noted that the Joint Committee was tasked with improving productivity across the Heart of the South West (HotSW) area in collaboration with the HotSW LEP and other organisations as necessary.

The Leader introduced the report that summarised the progress made by the Joint Committee over recent months in key areas of activity and set out actions proposed in the coming months.

In the ensuing discussion, reference was made to:-

(a) the need to be involved. On balance, a number of Members were of the view that the benefits to the Council were greater from being involved in the Heart of the South West Partnership than being on the outside;

(b) the Brexit Joint Regional Sounding Board event on 12 November 2018. In reply to a request, a commitment was given to provide an interested Member with feedback from this event outside of this meeting;

(c) the Local Industrial Strategy (LIS). A Member expressed his concern at the extent of the influence that the Local Enterprise Partnership was to have in the development and endorsement of the LIS;

(d) the Productivity Strategy. A Member took issue with the intention in the Strategy to ‘double the size of the HoTSW area economy over 20 years’. Whilst an admirable intention, the Member was of the view that it was an unrealistic target and therefore brought into question the credibility of the whole Strategy; Executive 22.11.18

(e) the annual Council contribution. It was confirmed that, in the event of any future proposal being brought forward to increase the Council’s annual contribution of £1,400, then this would require the approval of the Council.

It was then

RECOMMENDED

That the Executive RECOMMEND to Council to:-

(a) note the progress report setting out the work of the Heart of the South West (HotSW) Joint Committee since its establishment in March 2018;

(b) agree to delegate the development and endorsement of the HotSW Local Industrial Strategy (LIS) to the HotSW Joint Committee (noting that final approval of the HotSW LIS rests with the HotSW Local Enterprise Partnership (LEP) and the Government);

(c) note the Heart of the South West Joint Committee Budget statement for 2018/19 (as set out in Appendix B of the presented agenda report) and that, in accordance with the decisions taken at the time the Committee was established, the Council will be asked to make an annual budgetary provision (£1,400 for South Hams District Council) to meet the support costs of the Joint Committee in line with the 2018/19 contribution. Final clarification on any additional 2019/20 Heart of the South West Joint Committee budget requirement will be provided following the completion of the review of the Joint Committee’s role, function and management support arrangements and development of its work programme for 2019/20; and

(d) agree the Budget and Cost-sharing Agreement (as set out in Appendix B of the presented agenda report).

E.43/18 SUPPORTING THE FORMATION OF THE SOUTH WEST MUTUAL

The Executive considered a report that sought a recommendation to full Council to support the formation of the South West Mutual.

In his introduction, the lead Executive Member warned that this proposal was not without risk and, whilst acknowledging the potential share offer implications, he PROPOSED an alternative part 1 recommendation as follows: Executive 22.11.18

‘That Council be RECOMMENDED to approve, if 50% of the other Devon local authorities give a commitment to support, the granting of £49,995 from the predicted 2018/19 business rate pilot gain in order to support the formation of South West Mutual as detailed in section 3 and Appendix 2 of the presented agenda report.’

This alternative was subsequently SECONDED.

During the ensuing discussion, the following points were raised:-

(a) In support of the formation of South West Mutual, some Members felt it deeply regrettable that the likes of Salcombe and Dartmouth residents did not have access to a high street banking facility. Other Members also expressed their support and felt the Business Plan to be credible in its own right with the proposals constituting a far more palatable venture than the recent commercial property acquisition proposals;

(b) Other Members urged caution over the proposal, but did acknowledge that the revised recommendation helped to minimise the risk implications. Before the Council meeting on 6 December 2018, the Leader committed to contacting his counterparts across Devon in order to establish their Councils’ respective position on the proposal;

(c) A Member was of the view that a Working Group should be formed to carry out a detailed review of the proposals. In response, the majority of Members felt that the time to establish a Working Group would be at the point when the Mutual had been granted a licence;

(d) With regard to a specific query over the proposed salary levels, a Member sought assurances that these would not be comparable with those being paid in the City;

(e) Reference was made to the Member Treasury Management Training session on Monday, 26 November 2018 and it was felt that a number of the issues raised in this debate would also be relevant to this session.

It was then:

RECOMMENDED

That the Executive RECOMMEND to Council to:

1. approve, if 50% of the other Devon local authorities give a commitment to support, the granting of £49,995 from the predicted 2018/19 business rate pilot gain in order to support the formation of South West Mutual as detailed in section 3 and Appendix 2 of the presented agenda report; Executive 22.11.18

2. delegate authority to the Group Manager, Business Development, to conclude the ordinary share acquisition; and

3. agree that, where possible, officers support the formation of the Mutual by promoting it to local authorities within the South West.

E.44/18 ANNUAL REVIEW OF HEALTH AND SAFETY POLICY STATEMENT

Members considered a report that sought recommendation to full Council of the adoption of the revised Health and Safety Policy Statement.

The report noted that the Council was required to prepare a written health and safety policy statement by the Health and Safety at Work Act 1974. Once agreed, it was a requirement for the Policy to be signed off by the Head of Paid Service and Leader of Council.

In discussion, officers agreed to update the draft Policy Statement to include greater reference to Members prior to its consideration by full Council.

It was then:

RECOMMENDED

That the Executive RECOMMEND to Council that the revised Policy be adopted and signed by the Head of Paid Service and Leader of Council.

E.45/18 REPORTS OF OTHER BODIES

a) Overview and Scrutiny Panel – 4 October 2018

O&S.51/18 TASK AND FINISH GROUP UPDATES

1. Drug and Alcohol Abuse – Outcome Report

RECOMMENDED

That the Executive RECOMMEND to Council that it support and participate (wherever possible) in Police and Public Health England campaigns around drug reporting, harm minimisation and education. Executive 22.11.18

b) Overview and Scrutiny Panel – 1 November 2018

1. O&S.59/18 CUSTOMER SATISFACTION ACTION PLAN

RESOLVED

1. That the proposed Customer Satisfaction Action Plan (as detailed in Section 5 of the presented agenda report) be endorsed;

2. That the proposed Customer Service Standards (as detailed in Appendix B of the presented agenda report) be supported; and

3. That the direction of travel in relation to the Housing Benefits / Contact Centre pilot be endorsed.

2. O&S.62/18 REGULATION OF INVESTIGATORY POWERS ACT 2000 (RIPA)

RECOMMENDED

That the Executive RECOMMEND to Council that the updated RIPA Policy (as attached at Appendix B of the presented agenda report to the Panel) be approved;

3. O&S.63/18 GENERAL DATA PROTECTION REGULATION (GDPR) AND DATA PROTECTION POLICY UPDATE

RECOMMENDED

That the Executive RECOMMEND that Council:

1. approve the updated Data Protection Policy as detailed in Appendix A of the presented agenda report to the Panel;

2. delegate approval of the related Codes of Practice and Protocol Documents (as summarised in Section 3 of the agenda report presented to the Panel) to the Council’s Data Protection Officer; and

3. note and support the approach and progress made towards GDPR readiness by the Information Governance Group.

E.46/18 PUBLIC TOILET REVIEW

The Portfolio Holder for Commercial Services introduced a report that set out a range of recommendations for specific public conveniences in the district and sought approval to proceed in order to deliver agreed Budget savings. Executive 22.11.18

In light of the outcome of a recent Salcombe Harbour Board Workshop, a revised recommendation was PROPOSED and SECONDED.

The Chairman informed that, during the debate, he would invite comments on each site listed and, at that time, would welcome the views of the local Ward Member(s) in attendance.

In the ensuing debate, reference was made to:-

(a) concerns over the process undertaken during the Review. The following particular concerns were raised:

- Specifically with regard to the Pay on Entry proposals for Steamer Quay, Totnes, a local Member referred to correspondence that had led him and the town council to assume that this site had not been included as part of these proposals. As a result, the Member asked that the Executive consider deferring a final decision on this site until its meeting on 7 February 2019 to enable time for the town council (and local stakeholders) to consider this proposal. In response, other Members felt this statement to be inaccurate and were supportive of the original recommendation.

Nonetheless, an amendment was PROPOSED and SECONDED to defer a final decision on the Steamer Quay, Totnes Pay on Entry proposals until the Executive meeting on 7 February 2019.

When put to the vote, this amendment was declared (by virtue of a Chairman’s Casting Vote) LOST;

- Some Members felt that there had been a lack of clear messaging during the consultation process with town and parish councils. For example, instances were cited where some councils had been encouraged to open negotiations with the Council whereas others were told that this was not possible. These Members felt that such an inconsistent approach was both inappropriate and unfair;

- A Member highlighted the published minutes arising from a recent Kingsbridge Town Council meeting and queried the significant discrepancy between the projected and actual income figures for the facility at Fore Street, Kingsbridge. In response, assurances were given this was the only facility that had seen such a difference between the projected and actual figures and it was confirmed that the Town Council would now be asked to pay the revised actual sum, which was higher;

- The published agenda report had omitted any reference to the payment of on-costs that had been previously included; Executive 22.11.18

- Some inaccuracies were cited in the published agenda report that included: the lack of recognition to Newton Ferrers being a tourism area and the facilities at Thurlestone being much further away from the Hotel and Public House than the three minutes indicated;

(b) the principle of installing Pay on Entry. Some Members took issue with the comments raised that implementing Pay on Entry charges in some public toilets would have a significant impact to the local economy and tourism industry. In contrast, when considering the likely installation costs, risks of vandalism and the length of payback period, another Member felt that the Business Case underpinning the principle of Pay on Entry was flawed;

(c) the public health implications. A Member reiterated his concerns over the public health implications of any public toilets being closed;

(d) recommendation 3. The lead Member emphasised that, in the event of those sites listed in recommendation 3 not being transferred, they would be closed in September 2019. As a result, the Member encouraged the local town and parish councils (and local stakeholders) who had sites included in this list to be proactive and fully engage with the Council before next summer or they would close in September 2019.

To reinforce this point, an amendment was PROPOSED and SECONDED and, on being put to the vote was declared CARRIED, whereby officers be instructed to write to the Clerks of Holbeton, Newton & Noss, Staverton and Ugborough Parish Councils to encourage them to re-open dialogue with the Council.

For clarity, the lead Member also confirmed that, in the event of any interested party having concerns that they would be liable for business rates on the facility for part of the 2019/20 financial year, this would not be the case as the District Council would pay for the entire twelve month period;

(e) the Shipley Bridge – South Brent facility. A local Member emphasised the importance of this site and he hoped that South West Water and the Dartmoor National Park Authority could work together to find a solution to ensure that this facility was retained;

(f) additional recommendation 5. A number of Members welcomed the inclusion of this addition and, with the involvement of the Harbour Board, it was hoped that a satisfactory solution could be found in time for the Executive meeting on 7 February 2019. Specifically regarding the inclusion of Bowcombe, it was confirmed that this facility was not at risk of closure at this time.

Whilst appreciating the time of the next Harbour Board meeting (28 January 2019), the Leader hoped that an informed update could still be given to the joint Overview & Scrutiny Panel / Development Management Committee Budget meeting on 24 January 2019. Executive 22.11.18

It was then:

RESOLVED

That:

1. Pay on Entry (PoE) be installed at:

(a) Dittisham – The Ham; (b) Ivybridge – Glanville’s Mill; (c) South Huish – Hope Cove; and (d) Totnes – Civic Hall, Coronation Road and Steamer Quay (with code or card access permitted for staff from the nearby Riverside Café and Ferry Office).

2. Income be generated in lieu of PoE through alternative charges at:

(a) Bigbury – toilet service charges to be supported through a review of Pay & Display Charges; (b) Kingsbridge: Fore Street – Town Council to make payment in lieu of PoE; (c) Stokenham: Torcross – toilet service charges to be supported through a review of Pay & Display Charges; and (d) Strete Gate – toilet service charges to be supported through a review of Pay & Display Charges.

3. Asset transfers take place (or facility to close in September 2019) at:

(a) Holbeton; (b) Kingswear – Lower Ferry; (c) Malborough (asset transfer agreed); (d) Newton & Noss – Newton Ferrers. (e) Salcombe – Cliff House Gardens (to not be re-opened in Spring 2019 following winter closure); (f) South Brent (asset transfer agreed); (g) Staverton; (h) Stoke Fleming (Parish Council have confirmed that an asset transfer is not required); (i) Thurlestone (asset transfer agreed in principle); and (j) Ugborough – Bittaford and Ugborough;

In respect of those sites listed at (a), (d), (g) and (j) above, officers be instructed to write to the local parish clerks (copying in the local ward Member(s)) to encourage them to re-open dialogue with the Council. Executive 22.11.18

4. Other alternative arrangements be approved at:

(a) Dartmouth – Manor Gardens – to close in September 2019 with no asset transfer to the Town Council; (b) East Portlemouth – Mill Bay – to close in September 2019 unless a 75% contribution from a stakeholder is achieved next financial year, with an asset transfer to be completed by financial year 2020/ 21 (**see recommendation 5 below**); (c) Kingswear – Higher Ferry – to close with no asset transfer to the Parish Council; (d) South Brent – Shipley Bridge – withdraw cleaning service; (e) South Milton – to close in September 2019 unless a 75% contribution from a stakeholder is achieved next financial year, with an asset transfer to be completed by financial year 2020/21; and (f) Wembury – to allow the current lease with the National Trust to expire in June 2020.

5. the proposals for Batson Creek, North Sands, South Sands, Whitestrand, Ferry Steps, Bowcombe and Mill Bay toilets are finally considered following receipt of a Salcombe Harbour Board proposal being provided no later than 29 January 2019 and then to be considered by the Executive at its meeting on 7 February 2019.

E.47/18 EXCLUSION OF PUBLIC AND PRESS

RESOLVED

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items of business as the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Act is involved.

E.48/18 REQUEST FOR LONG LEASE RENEWAL

Members were presented with an exempt report that sought approval to grant a long lease of more than 15 years.

During the debate, Members requested that reference to ‘cost of living increase’ be replaced with the term ‘Retail Price Index increase’. Executive 22.11.18

It was then:

RESOLVED

That the request for the long lease renewal (as set out in the presented agenda report) be approved, with authority to conclude the negotiations being delegated to COP Lead Assets, in consultation with the Section 151 Officer and Leader of Council.

E.49/18 FRONTLINE SERVICES (WASTE & CLEANSING PROCUREMENT)

Members were presented with an exempt report that detailed the Final Tender Stage of the Waste Procurement Process

During discussion, reference was made to:-

(a) the intention to convene a Member Question and Answer session before the Council meeting on 6 December 2018;

(b) confirmation that any revisions to the Board Terms of Reference would require the approval of the Council.

It was then:

RECOMMENDED

That the Executive RECOMMEND to Council to approve the proposed way forward (as outlined at paragraphs 8.2 to 8.7 of the presented agenda report).

(NOTE: THESE DECISIONS, WITH THE EXCEPTION OF E.42/18, E.43/18, E.44/18, E.45/18 a), b)2, b)3, and E.49/18 WHICH WERE RECOMMENDATIONS TO THE COUNCIL MEETING TO BE HELD ON 6 DECEMBER 2018, WILL BECOME EFFECTIVE FROM 5.00PM ON MONDAY 3 DECEMBER 2018 UNLESS CALLED IN, IN ACCORDANCE WITH SCRUTINY PROCEDURE RULE 18).

(Meeting commenced at 10.00 am and concluded at 12.55 pm)

______Chairman