South Hams Council
Title: Agenda
Date: Thursday, 21st May, 2015
Time: 2.00 pm
Venue: Council Chamber - Follaton House Full Members: Chairman Cllr Hitchins Vice Chairman Cllr Bramble Members: Cllr Baldry Cllr May Cllr Barnes Cllr Pearce Cllr Bastone Cllr Pennington Cllr Blackler Cllr Pringle Cllr Brazil Cllr Rowe Cllr Brown Cllr Saltern Cllr Cane Cllr Smerdon Cllr Cuthbert Cllr Steer Cllr Foss Cllr Tucker Cllr Gilbert Cllr Vint Cllr Hawkins Cllr Ward Cllr Hicks Cllr Wingate Cllr Hodgson Cllr Wood Cllr Holway Cllr Wright Cllr Horsburgh
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. Election of the Chairman of the Council (The Chairman will then read and sign the declaration of acceptance of office).
2. Address by the New Chairman of Council;
3. Vote of thanks to the Retiring Chairman
4. Response by the Retiring Chairman
5. Appointment of the Vice Chairman of the Council (The Vice Chairman will then read and sign the declaration of acceptance of office).
6. Minutes to approve as a correct record and authorise the Chairman to sign the minutes of the meetings of the Council held on 12 February 2015
7. Election of Leader of the Council and Chairman of the Executive for the four year term from 2015/16
8. Representation on Political Groups to approve a review carried out in consultation with leaders of the Political Groups. This is reflected in the list of Council Bodies (circulated separately) – see item 9 below
9. Appointment of Members of the Bodies of the Council 1 - 2 to appoint the Members of the following Council Bodies for the 2015/16 Municipal Year:-
a) Audit; b) Development Management Committee; c) Executive; d) Licensing Committee; e) Overview and Scrutiny Panel; and f) Salcombe Harbour Board. Page No
10. Election of Chairman and Vice-Chairman of Bodies of the 3 - 4 Council to elect the Chairman and Vice-Chairman of the following Bodies of the Council for the 2015/16 Municipal Year:-
a) Audit Committee; b) Development Management Committee; c) Licensing Committee; d) Overview and Scrutiny Panel; and e) Salcombe Harbour Board (Chairman only).
11. Appointment of Representatives on Outside Bodies 5 - 10 to consider a report concerning the appointment of Members as representatives on Outside Bodies for the 2015/16 Municipal Year (circulated separately);
NOTE: Although some of these appointments are accepted by the “Outside Bodies” for a period of years, it is the Council’s practice where possible to review all appointments annually.
12. Appointment of Other Groups 11 - 12 to agree to the appointment of the following Groups for the 2015/16 Municipal Year:-
a) Beach Management Working Group; b) Council Tax Setting Panel; c) Design and Conservation Panel; d) Devon Building Control Partnership; e) Income Generation Working Group; f) Political Structures Working Group; g) Public Spaces Working Group; h) Strategic Planning Working Group; and i) Youth Engagement Working Group.
13. Urgent Business the Chairman to announce if any item not on the agenda should be considered on the basis that he considers it as a matter of urgency (any such item to be dealt with under item 18 below); Page No
14. Confidential Business the Chairman to inform the meeting of any confidential item of business;
15. 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;
16. 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;
17. Chairman's Announcements
18. Business Brought Forward by the Chairman to consider business (if any) brought forward by the Chairman as reported under item 13 above;
19. Questions to consider the following question received in accordance with Council Procedure Rule 8.
20. Notice of Motion to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1
21. Calendar of Meetings 2015/16 13 - 20 to consider a report which presents the draft Calendar of Meetings for the 2015/16 Municipal Year (circulated separately);
22. Exclusion of Press and Public- 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”; Page No
23. Local Land Charges 21 - 26 to consider an exempt report which advises Members of the outcome of the settlement proposed for the refund of personal search fees (circulated separately);
24. Re-admittance of Press and Public
25. 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) Community Life and Housing Scrutiny Panel - 5 February 27 - 34 2015
(b) Salcombe Harbour Board - 9 February 2015 35 - 40
(c) Development Management Committee - 18 February 2015 41 - 58
(d) Corporate Performance and Resources Scrutiny Panel - 19 59 - 64 February 2015
(e) Council Tax Setting Panel - 26 February 2015 65 - 68
(f) Executive * - 5 March 2015 69 - 76
(g) Audit Committee * - 12 March 2015 77 - 82
(h) Development Management Committee - 18 March 2015 83 - 92
(i) Development Management Committee - 15 April 2015 93 - 110
(j) Salcombe Harbour Board * - 20 April 2015 111 - 114
Membership of Council Bodies for 2015 / 2016 A Audit Committee D Licensing Committee Cllr I Bramble Cllr N A Barnes Cllr J Brazil Cllr J I G Blackler Cllr R J Foss Cllr D Brown Cllr J T Pennington Cllr B F Cane Cllr K R H Wingate Cllr P K Cuthbert Cllr R J Foss Cllr P W Hitchins Cllr T R Holway Cllr D Horsburgh Cllr D W May Cllr K Pringle Cllr R Rowe
B Development Management Committee E Overview and Scrutiny Panel Cllr I Bramble Cllr K J Baldry Cllr J Brazil Cllr N A Barnes Cllr B F Cane Cllr J I G Blackler Cllr P K Cuthbert Cllr D Brown Cllr R J Foss Cllr J D Hawkins Cllr P W Hitchins Cllr D Horsburgh Cllr J M Hodgson Cllr D W May Cllr T R Holway Cllr J T Pennington Cllr J A Pearce Cllr K Pringle Cllr R Rowe Cllr M F Saltern Cllr R C Steer Cllr P C Smerdon Cllr R J Vint Cllr K R H Wingate Cllr B Woods
C Executive F Salcombe Harbour Board Cllr H D Bastone Cllr R D Gilbert (Still awaiting Appointment Panel Cllr M J Hicks recommendations ) Cllr R J Tucker Cllr L A H Ward Cllr S A E Wright
Chairman and Vice Chairman of Council Bodies for 2015 / 2016
A. Audit Committee
Cllr J T Pennington – Chairman Cllr K R H Wingate – Vice Chairman
B. Development Management Committee Cllr R C Steer – Chairman Cllr R J Foss – Vice Chairman
C. Licensing Committee Cllr D W May – Chairman Cllr T R Holway – Vice Chairman
D. Overview and Scrutiny Panel Cllr K J Baldry OR Cllr M F Saltern – Chairman Cllr K R H Wingate – Vice Chairman
E. Salcombe Harbour Board (Still awaiting Appointment Panel recommendation )
AGENDA AGENDA ITEM ITEM 11 SOUTH HAMS DISTRICT COUNCIL 11
NAME OF COMMITTEE COUNCIL
DATE 21 May 2015
REPORT TITLE APPOINTMENT OF REPRES ENTATIVES ON OUTSIDE BODIES 2015/16 Report of Democratic Services Manager
WARDS AFFECTED All
Summary of report: To approve the Council’s representation on Outside Bodies and appoint the appropriate representatives to serve on these Bodies
Financial implications: There are no financial implications arising directly from this report.
RECOMMENDATIONS:
That the Council RESOLVES that:-
1. The Council should be represented on the list of Outside Bodies (as attached at appendix A);
2. Appropriate representatives be appointed as this Council’s appointments to those Bodies for the 2015/16 Municipal Year and that for the purposes of Members’ Allowances, attendance at meetings of these Bodies be regarded as an approved duty; and
3. Members appointed to Outside Bodies provide regular feedback and consultation on issues affecting the Bodies concerned.
Officer contact: Darryl White, Democratic Services Manager, Email: [email protected]
Lead Member contact: Cllr John Tucker, Leader of Council, Email: [email protected]
1. BACKGROUND
1.1 The Council makes appointments to a large number of Outside Bodies.
1.2 Some Members will recall that an extensive review was undertaken into the list of Outside Bodies during 2010. The current list (attached at Appendix A) is now subject to an annual review.
2. ISSUES FOR CONSIDERATION
Providing Feedback to the Wider Membership
2.1 Since Members are appointed to represent the Outside Bodies on behalf of the Council, there is an agreed Council practice (minutes 12/03 and 27/03 refer) of reporting back on the work of the body and highlighting issues of interest to the Council. Some Members adhere to this and produce reports for the Members’ Bulletin. However, in general, feedback and consultation remains at only a moderate level.
2.2 Therefore, Members are reminded that appointment to Outside Bodies includes:
• a commitment to provide regular feedback on issues raised at such Bodies; • consultation with other Members and relevant officers on issues coming up before the Bodies; and • briefing / debriefing relevant officers as soon as possible after becoming aware of issues which may be of interest to the Council.
2.3 These requirements will help the Council in assessing whether continued membership of those Bodies remains in line with the Council’s agreed Corporate Priorities.
Conflicts of Interest
2.4 With some of the organisations concerned, conflicts of interests due to Council representation can arise. In such cases, Members should be aware that, even though they may be the Council’s representative, the first legal duty is to act in the best interests of that Outside Body when participating in the affairs of that organisation. Fortunately, commonality of interests is a more frequent situation than circumstances of conflicts of interests, but if situations do arise which may put the Council or the Member in a difficult situation advice should be sought from the Monitoring Officer.
2.5. Any Member serving on an Outside Body should seek advice at an early stage from that organisation as to the duties and liabilities of Members. The extent of any liability (and insurance) will depend on the nature of the organisation (e.g. is the organisation a company limited by guarantee or is it unincorporated? Am I acting as a trustee or as a Director?). If clarity of advice cannot be offered by that outside body the advice of the Monitoring Officer should be sought. Fortunately, mishaps are few and far between but Members do need to be clear as to both their responsibilities and liabilities.
2.6. When acting for an Outside Body, the Member is not acting for the Council as the outside organisation will invariably have a legal status independent of the Council. If the outside organisation has a Code of Conduct, it is that Code which will apply; otherwise the Member should observe this Authority’s adopted Code of Conduct.
2.7 Members are also reminded of their obligations regarding the Register of Interests. Amongst other things, the register should show membership of, or position of general control or management in organisations where a Member represents his / her authority.
3. RISK MANAGEMENT
The Risk Management implications are shown at the end of this report in the Strategic Risks Template.
Corporate priorities In some form or another, this report is linked engaged: to all of the Council Corporate Priorities Statutory powers: Local Government Act 2000.
Considerations of equality None directly related to this report. and human rights:
Biodiversity considerations: None directly related to this report.
Sustainability None directly related to this report considerations: Crime and disorder None directly related to this report. implications: Background papers: Survey results of the 2010 Outside Bodies review; and Council Constitution. Appendices attached: A. List of Outside Bodies
STRATEGIC RISKS TEMPLATE
Inherent risk status No Risk Title Risk/Opportunity Impact Chance Risk Mitigating & Management Ownership Description of of score and actions negative negative direction outcome outcome of travel 1 Conflicts of Members may find 2 2 4 By seeking early advice of the Members
interest. themselves in positions ˜ Monitoring Officer. where interests conflict potentially damaging their own and the Council’s reputation.
Direction of travel symbols ˆˆˆ ııı ˜
REPRESENTATIVES ON OUTSIDE BODIES 2015/16
1. Avon Estuary Forum Cllr L A H Ward
2. Dartmoor National Park Authority Cllr P W Hitchins
3. Dartmoor National Park Forum Cllr P C Smerdon
4. Devon Authorities Waste Reduction & Recycling Committee Cllr R D Gilbert
5. Devon Building Control Partnership Cllrs H D Bastone and M J Hicks
6. Devon and Cornwall Housing / Devon CIC No nomination at this time.
7. Devon County/South Hams Highways and Traffic Orders Committee Cllrs D Horsburgh and J T Pennington
8. Devon Districts Forum have made the following appointment:- The Investment and Pension Fund Committee - Cllr M J Hicks (in substitute capacity)
9. Devon Economic Partnership Cllr M J Hicks
10. Governance Board (South Devon Healthcare NHS Foundation Trust) Cllr S A E Wright
11. Greater Dartmoor Local Enterprise Action Fund Cllr P W Hitchins
12. Hope Harbour Cllr S A E Wright
13. Joint Advisory Committee on Housing for Local Needs in the Dartmoor National Park (JAC) Cllrs J I G Blacker and J Brazil
14. Langage Local Liaison Committee Cllrs J I G Blackler and D Brown
15. Local Government Association:- (i) General Assembly - Cllr L A H Ward (ii) South West Branch – Leader (iii) Rural Commission - Leader or Deputy Leader (iv) LGA Committee, Panel, etc appointments (NB: These appointments are made via an Electoral College process through the LGA. Council has been given delegated authority to the Monitoring Officer, in consultation with the Leaders of the political groups, to agree any such appointments).
16. Parking and Traffic Regulations Outside London (PATROL) Cllr K J Baldry
17. Plymouth and Peninsula City Deal Leader of Council
18. Police and Crime Commissioners Scrutiny Panel Cllr M F Saltern
19. River Yealm Harbour Authority Cllr T R Holway
20. Salcombe-Kingsbridge Estuary Conservation Forum Cllr S A E Wright and Chairman of Salcombe Harbour Board (or nominee).
21. South Devon AONB Partnership Committee Cllr D Brown and B F Cane
22. South Devon Coastal Local Action Group Cllr M J Hicks
23. South Devon and Dartmoor Community Safety Partnership Cllr S A E Wright
24. South Hams Citizens' Advice Bureau Cllr L A H Ward
25. South Hams Community and Voluntary Services - Executive Committee Cllrs J A Pearce and P C Smerdon
26. South West Councils Cllr R J Tucker
27. SPARSE Rural and Rural Services Network Cllr M J Hicks
28. Tamar Estuary Consultative Forum Cllr P W Hitchins
29. Totnes and Dartmouth Ring and Ride Service Cllr D Horsburgh
30. Totnes and District Swimming Pool Association Cllrs P C Smerdon and R J Vint
31. Yealm Estuary Forum Cllr K J Baldry
Appointment of Other Groups 2015/2016
(a) Beach Management Working Group Cllr D Brown Cllr R J Foss Cllr K R H Wingate Cllr S A E Wright
(b) Council Tax Setting Panel Chairman of Council Leader of Council Chairman of Overview and Scrutiny Panel Leader of the Opposition
(c) Design and Conservation Panel Cllr P W Hitchins Cllr J A Pearce Cllr R J Vint
(d) Devon Building Control Partnership Cllr H D Bastone Cllr M J Hicks
(e) Joint Staff Consultative Forum Appointments to be delegated to the Group Leaders.
(f) Political Structures Working Group Cllr K J Baldry Cllr P W Hitchins Cllr J M Hodgson Cllr D Horsburgh Cllr J T Pennington Cllr M F Saltern Cllr R J Tucker Cllr L A H Ward
(g) Public Spaces Working Group Cllr R J Foss Cllr R C Steer Cllr R J Vint Cllr S A E Wright
(h) Slapton Line Steering Group Cllr J Brazil Cllr R J Foss
(i) Strategic Planning Working Group Cllr M J Hicks Cllr J M Hodgson Cllr J A Pearce Cllr J T Pennington Cllr R C Steer Cllr R J Vint
(j) Youth Engagement Working Group Cllr D Brown Cllr P K Cuthbert Cllr L A H Ward Cllr B Woods
AGENDA AGENDA ITEM ITEM 21 SOUTH HAMS DISTRICT COUNCIL 21
NAME OF COMMITTEE Annual Council
DATE 21 May 2015
REPORT TITLE CALENDAR OF MEETINGS 2015/16
Report of Member Services Manager
WARDS AFFECTED All
Summary of report: To seek Members approval of the calendar of meetings of Council bodies for the 2015/16 municipal year.
Financial implications: There are no financial implications arising directly from this report.
RECOMMENDATION:
That the Council RESOLVES to adopt the Calendar of Meetings for the 2015/16 municipal year (as per Appendix A to this report).
Officer contact: Kathryn Trant, Member Services Manager. Email: [email protected]
1. BACKGROUND
1.1 Council Procedure Rule 1.1(x) states that the Annual Meeting will:- “approve a programme of ordinary meetings of the Council for the year”
2. ISSUES FOR CONSIDERATION
2.1 Set out at Appendix A is a programme of meetings from May 2015.
2.2 In drawing up the calendar of meetings, a number of parameters are set which include:-
• Constitutional requirements which, for some Council bodies, sets the number and frequency of meetings to be held annually; • The wishes of Members that Thursdays are seen as ‘Member days’ and therefore, as many meetings as possible are arranged to take place on this day; • The wishes of Members to avoid clashes with meetings of other organisations and events where possible; • The wishes of Members to, wherever possible, avoid meetings of the Development Management Committee falling in the same week as the Executive or Council meeting; • Financial timescales and requirements; and • Attempting to ensure that Council and Executive meetings are held in close proximity to the equivalent meetings at West Devon Borough Council.
2.3 It should be noted that the calendar only lists those meetings which can or need to be programmed (for constitutional, financial or other reasons). Meetings of other Council bodies such as the Licensing Committee are arranged as and when required. In addition, task and finish groups arising from the work of the Scrutiny Panel can be programmed on an ad-hoc basis.
2.4 Members are also asked to note that the dates shown at Appendix A marked with an asterisk have previously been agreed at the Council meeting held on 8 May 2014 (Minute 18/14 refers).
3. RISK MANAGEMENT
3.1 The Risk Management implications are shown at the end of this report in the Strategic Risks Template.
Corporate priorities engaged: None directly related to this report. Statutory Powers Local Government Act 1972. Considerations of equality and None directly related to this report. human rights: Biodiversity considerations: None directly related to this report. Sustainability considerations: None directly related to this report. Crime and disorder implications: None directly related to this report. Background papers: Council Constitution Appendices attached: A. Draft Calendar of Meetings
STRATEGIC RISKS TEMPLATE
Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel Constitutional 2 1 2 ˜˜˜ Setting the Council at the Annual Member requirements regarding meeting of Council each year, and Services the number and setting for 18 months, will ensure Manager frequency of meetings constitutional requirements are met by are missed. enabling forward planning Attempting to avoid any 2 2 4 ˜˜˜ A calendar of meetings enables Member potential Member forward planning to avoid meeting Services meeting clashes and clashes Manager ensure that constitutional requirements are provided for and Member wishes, where possible, are taken into account.
Direction of travel symbols ˆˆˆ ııı ˜
DRAFT CALENDAR OF MEETINGS 2015 - 2016 May 2015 21 *SH ANNUAL COUNCIL 27 *Development Management Committee June 2015 04 Overview and Scrutiny 18 Executive 22 Site Inspections 25 Audit Committee July 2015 01 Development Management Committee 09 Overview and Scrutiny 13 Salcombe Harbour Board Annual Inspection 16 Audit Committee 20 Site Inspections 23 Executive 29 Development Management Committee
August 2015 17 Site Inspections 26 Development Management Committee 27 Overview and Scrutiny Committee
September 2015 10 Executive 14 Site Inspections 17 Overview and Scrutiny 23 Development Management Committee 24 Audit Committee 28 Salcombe Harbour Board October 2015 08 COUNCIL 12 Site Inspections 15 Executive 15 Licensing Committee 21 Development Management Committee
DRAFT CALENDAR OF MEETINGS 2015 - 2016 November 2015 02 Salcombe Harbour Board 09 Site Inspections 18 Development Management Committee 19 Overview and Scrutiny
December 2015 07 Site Inspections 10 Executive 16 Development Management 17 COUNCIL
January 2016 07 Audit Committee 11 Site Inspections 14 Overview and Scrutiny 20 Development Management Committee
February 2016 04 Executive 08 Site Inspections 11 COUNCIL 17 Development Management Committee 25 Overview and Scrutiny am 25 Council Tax Resolution Panel pm 29 Salcombe Harbour Board
March 2016 07 Site Inspections 10 Executive 16 Development Management Committee 17 Overview and Scrutiny 24 Audit Committee April 2016 04 Site Inspections 07 Executive 13 Development Management Committee 18 Salcombe Harbour Board DRAFT CALENDAR OF MEETINGS 2015 - 2016 May 2016 03 Site Inspections 05 ANNUAL COUNCIL 11 Development Management Committee 31 Site Inspections June 2016 08 Development Management Committee 27 Site Inspections
CL&H Scrutiny Panel 05.02.15
MINUTES OF THE MEETING OF THE COMMUNITY LIFE AND HOUSING SCRUTINY PANEL HELD AT FOLLATON HOUSE, TOTNES ON Thursday, 5 February 2015
Panel Members in attendance * Denotes attendance Ø Denotes apology for absence * Cllr J Brazil * Cllr J M Hodgson * Cllr B E Carson * Cllr T R Holway (Chairman) Ø Cllr S E Cooper Ø Cllr L P Jones * Cllr P K Cuthbert (Vice-Chair) * Cllr D W May Ø Cllr A S Gorman Ø Cllr J A Pearce * Cllr M Hannaford * Cllr R C Steer
Members also in attendance and participating Cllrs K J Baldry, A D Barber, H D Bastone, M J Hicks, P W Hitchins, J T Pennington, M F Saltern, L A H Ward and S A E Wright
Members also in attendance and not participating Cllrs I Bramble, P C Smerdon and R J Tucker
Item No Minute Ref Officers and Visitors in attendance and No below participating refers 7 CLH.31/14 Devon Carers Manager 8 CLH.32/14 Environmental Health Officer 9 CLH 33/14 Community Manager 10(a) CLH.34/14(a) Forward Planning Manager 10(b) CLH.34/14(b) Affordable Housing Manager
CLH.27/14 MINUTES
The minutes of the meeting held on 6 November 2014 were agreed as a correct record and signed by the Chairman.
The Chairman proceeded to exercise his discretion and permitted a Member to provide an update following the Devon and Cornwall Housing – Annual Update which was considered at the previous meeting (minute CLH.22/14 refers).
In so doing, the Member proceeded to expand upon his comments in relation to the apparent inconsistencies in service charge levels and was of the view that the Panel had been misinformed during this meeting.
CL&H Scrutiny Panel 05.02.15 Following a brief discussion, it was then:-
RESOLVED
That authority be delegated to the Democratic Services Manager, in consultation with the Chairman of the Panel, to write a letter to Devon and Cornwall Housing expressing the Panel’s concerns regarding the accuracy of some of the information relating to Service Charges which was presented to the Panel at its last meeting.
(Post Meeting Note: Since the meeting took place, and before the letter was compiled, a reply to the initial query was received (as attached at Appendix A).
CLH.28/14 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 and these were recorded as follows:-
Cllr B E Carson declared a Disclosable Pecuniary Interest in Item 1: ‘Minutes’ (Minute CLH.27/14 above refers) by virtue of having been nominated by the Council to serve on the Devon and Cornwall Housing Community Interest Company (CIC) Board and left the meeting during consideration of this item.
CLH.29/14 PUBLIC FORUM
There were no issues raised during this agenda item.
CLH.30/14 EXECUTIVE FORWARD PLAN
No items were raised in accordance with the most recently published Forward Plan.
CLH.31/14 DEVON CARERS GROUP
Having been invited by the Panel to attend a meeting, the Devon Carers Manager conducted a presentation which had the primary purpose of raising awareness of the workings of the Devon Carers Group.
At the conclusion of this presentation, the following points were raised:-
(a) In welcoming the work undertaken by the Carers Group, some Members commented that there was a need to raise general awareness of its existence amongst communities and town and parish councils. In addition, the view was expressed that a contacts list of local carers groups would be very useful for local Members and town and parish councils;
CL&H Scrutiny Panel 05.02.15 (b) With regard to the budget cuts which were being experienced by local government, a Member questioned the likely impact of these on the Carers Group. In response, the Panel was informed that the Group was not immune to the austerity measures and recognised the need to continually review its working practices to ensure it was working as effectively as possible and thereby making best use of its monies. However, the Manager did inform that the County Council was very supportive of the organisation and did recognise the added value which it delivered;
(c) When questioned, the Manager confirmed that the impact of the New Care Act was likely to be two-fold. Firstly, it would drive more carers towards local authorities and thereby help to engage with more carers who were currently unidentified. Secondly, since the Government was to promote the new rights entitled to carers, it was anticipated that there would be a much more structured approach in this regard;
(d) In respect of managing expectations, the Manager acknowledged that this was a real issue which could not be avoided since there would be less available monies in the next year. In his experience, the only way to deal with this issue was to always be totally honest with carers and to date, the Manager had been pleasantly surprised at their level of understanding and acceptance. However, the Panel also recognised that this issue was a major worry for carers and there was a consequent need for an honest and ongoing public debate;
(e) A Member queried the relationship between Devon Carers and local GPs. In reply, the Manager confirmed that there was definite scope to improve this relationship and the overriding aim was to work with as many local GPs as possible and offer a monthly drop-in session. Furthermore, there was also considered to be great potential in developing better relationships with local schools, especially when considering the recent estimate whereby there were at least two children in each primary school classroom who had some carer responsibility. In support of this point, a Member made reference to joint training days which were held in schools and it was felt that this could be explored as a means of promoting Devon Carers;
(f) The Manager confirmed that, whilst a challenge, Devon Carers was proactive in establishing local carers groups in areas where there were perceived gaps.
In conclusion, the Chairman thanked the representative for his informative presentation and his honest responses to Member questions. Members were full of admiration for the work undertaken by Devon Carers and gave assurances that the Council was committed to the Health and Wellbeing agenda.
CL&H Scrutiny Panel 05.02.15 CLH.32/14 HEALTH & WELL-BEING BOARD UPDATE
A paper was discussed which presented an update on the changes in public health legislation and the impacts that these had on the Council. The paper also sought to clarify the role of the Council in the new regime and provided an overview of the Public Health Plan.
In discussion, reference was made to:-
(a) beach bathing water standards. There was an acknowledged issue with regard to water run-off from fields on to beaches, which was not always of the highest quality. To inform beach users of the potential hygiene quality of such water, a bid had been submitted for appropriate signage to be erected on affected beaches. A Member expressed his view that there were already a number of public bodies involved in this issue and he therefore felt that public health should not be involved and he warned that excessive signage could have a negative impact on the tourism industry;
(b) air quality issues. Some Members considered that, in submitting their consultation responses during the planning process, Highways Officers were giving insufficient emphasis to the detrimental impact on air quality arising from applications for large scale developments. In expanding upon this point, a Member made reference to the ‘Our Plan’ document and the comments included whereby health impact assessments should be borne in mind on larger developments. In reply, officers confirmed that they would ask colleagues to review these comments in the context of the adopted Air Quality Management Strategy. However, the role of the Highways Authority in this regard could not be underestimated and if its officers were not making any recommendations in relation to air quality during the planning consultation process, then the Development Management Committee was currently in no reasonable position to refuse an application on such grounds. Some Members were also of the opinion that public health officers should be in attendance at Committee meetings when large scale developments were being determined. Following further raised concerns, the Panel concluded that it should convey a strong message to DCC outlining its concerns at the lack of emphasis which was being given to air quality implications which arise from large developments in the planning process;
CL&H Scrutiny Panel 05.02.15 (c) the £20,000 funding received by the Council. In highlighting the overall public health budget for Devon County Council (DCC) amounting to £26 million, some Members commented that £20,000 was an insignificant amount of money to be able to make a real difference. Furthermore, Members requested feedback on the success and outcomes of those initiatives for which monies had been allocated and emphasised their belief that the £20,000 should not be spread too widely, with it being focused towards some tangible and specific outcomes. In reply, the Panel was advised that joint initiatives across the county were currently being considered to maximise the benefits generated by combining monies. In addition, officers informed that it would be helpful if DCC could provide some clarity around how these monies should be spent. At this point, a Member (who was also a DCC Member) asked the officer and lead Executive Member to provide him with their comments which he would then report to the DCC Health and Wellbeing Scrutiny Board;
(d) mental health awareness training. In light of their direct contact with residents, the Panel recognised the importance of Members also being in receipt of mental health awareness training;
(e) dementia diagnosis rates. A Member expressed her surprise that rates in the South Hams were amongst the lowest in Devon and felt there was therefore likely to be an issue with under diagnosis in the district;
(f) the importance of a joined up approach being taken to health and well- being across a number of relevant partner agencies.
It was then:
RESOLVED
1. That the contents of the information sheet be noted; and 2. That a letter be sent to DCC outlining the Panel’s concerns at the lack of emphasis being given during the planning process to air quality implications which arise from large developments.
CLH.33/14 NEW HOMES BONUS ALLOCATION TO DARTMOOR NATIONAL PARK AUTHORITY
Members discussed a report that provided information on the projects being funded by Dartmoor National Park Authority (DNPA) from the New Homes Bonus allocated by the Council. In addition, the report provided an opportunity for Members to comment and make suggestions on future allocation and its use.
In discussion, reference was made to:-
(a) the involvement of local ward Members and local parish councils in the process being welcomed;
CL&H Scrutiny Panel 05.02.15
(b) the scoring matrix applied to projects. A Member expressed his concern at the added bureaucracy of applying a scoring matrix for this process. As a consequence, an amendment to the recommendation was PROPOSED and SECONDED as follows:-
‘That, in the future, the process to allocate the funds be simplified, with the Fund being wholly allocated to those local Ward Members who represented areas located in the DNPA area to spend as they so wished.’ In support of the proposed amendment, some Members felt that a scoring matrix was not justified when considering the relatively small amount of funding involved in this process. In contrast, other Members felt that the current process worked well and was sufficiently transparent and straightforward.
When put to the vote, the amendment was declared LOST .
It was then:
RESOLVED
1. That the projects being funded by Dartmoor National Park Authority from the New Homes Bonus funds allocated to them by the Council be noted; and 2. That the Executive be RECOMMENDED that the status quo be retained in relation to the process adopted for the future allocation of funds.
CLH.34/14 TASK AND FINISH GROUP UPDATES
(a) Sites for Gypsies and Travellers In discussion on the update report, the following points were raised:-
(a) In relation to enforcement action, whilst sites were considered on their own merits, officers confirmed that there was an accepted tolerance procedure in place;
(b) It was noted that there had been a change in definition from central government in respect of what constituted a site for Gypsies and Travellers which could have an impact on the level of need in the South Hams;
(c) The Panel was provided with an update in respect of the proposed site at Broadley Park, Roborough. In response, some Members wished to reiterate the depth of feeling amongst local businesses in that area over the perceived detrimental impact of this site.
CL&H Scrutiny Panel 05.02.15 It was then:
RESOLVED
That the concluding report be noted and the work and progress made by the Task and Finish Group be acknowledged.
(b) Affordable Housing Delivery Models In discussion on the update report, reference was made to the Rent Plus model. The Affordable Housing Manager reminded the Panel that the Group had been principally established to consider the merits of the Rent Plus Model. The Panel noted that this would be the subject of a future report to the new Overview and Scrutiny Panel (post May 2015) and Members requested that this report should include an analysis of the positives and negatives of each possible Model. In particular, Members requested that this should include an assessment of the advantages and disadvantages of establishing a Housing Revenue Account.
It was then:
RESOLVED
1. That the concluding report be noted and the progress made by the Task and Finish Group be acknowledged; and
2. That the Overview and Scrutiny Work Programme for 2015/16 be updated to include a report on Affordable Housing Delivery Models.
(c) Disabled Facilities Grants
The Chairman confirmed that the Task and Finish Group had met once and it was his hope that, following the May 2015 local elections, the new Overview and Scrutiny Panel would recognise the importance of this work and, as a consequence, agree to re-establish this Group.
(The meeting started at 10.00 am and concluded at 12.40 pm)
______Chairman
CL&H Scrutiny Panel 05.02.15 Appendix A
‘With regard to the discussion at the recent Community Life and Housing Scrutiny Panel meeting I attended, in answer to Cllr Hannaford’s question about service charges, I explained that there is no standard service charge. This is because the charge made is dependent upon the actual services received for a scheme which is then divided equally amongst all the properties in the scheme; this results in the monthly service charge payable for each property. The weekly, and therefore monthly, charges range significantly across our properties as a result; typically flats will attract higher service charges than houses due to the range of communal services provided for residents.
I apologise if I misunderstood Cllr Hannaford’s question at this meeting regarding the constituent’s service charge – I was referring to typical charges of £2 – 3 per week, not per month, which would also be more typical of a house not a flat; it is difficult to comment generally when the answer is related to the specific details of a particular scheme. My response at the Scrutiny Panel was qualified by my earlier statement regarding the fact that there is no standard service charge; charges are entirely reliant on the actual costs of services provided to each specific scheme.
With regard to the specific case Cllr Hannaford has brought to my attention, my first comment is that the service charges would have been explained to the customer at the point at which he bought his home (through shared ownership), and thus would not have been a surprise. However, having investigated the specific case, I have established that the service charge for the property has been £33.80 since the customer bought the property in December 2012 and has not been increased since this time. I can confirm that the charge has been set in accordance with my explanation above (i.e. related to the actual services received at the property) and therefore no refund is due.
I trust this satisfactorily answers your query regarding this case.
Sue Coulson Group Director of Housing & Communities’
Salc Harb 9.2.15 MINUTES OF THE MEETING OF THE SALCOMBE HARBOUR BOARD HELD AT QUAY HOUSE, KINGSBRIDGE ON MONDAY 9 FEBRUARY 2015
Members in attendance * Denotes attendance Ø Denotes apology for absence * Cllr J Brazil (Chairman) Ø Mr G Burrell * Cllr M J Hicks * Dr C C Harling (Vice Chairman) * Cllr K R H Wingate * Mr M Mackley * Cllr S A E Wright * Mr H Marriage Ø Mr A Thomson * Mr M Taylor Ø Cllr H D Bastone (lead Executive Member)
Item No Minute Ref No Non -Board Members also in attendance below refers All Cllr R D Gilbert agenda items
Item No Minute Ref No Officers in attendance and participating below refers All Salcombe Harbour Master, Group Manager – agenda Commercial Services and Democratic Services items Manager
SH.38/14 MINUTES
The minutes of the meeting of the Salcombe Harbour Board held on 17 November 2014 were confirmed as a correct record and signed by the Chairman.
SH.39/14 DECLARATIONS OF INTEREST
Members were invited to declare any interests in the items of business to be considered during the course of the meeting, and the following were made:
Cllr Wright, Dr Harling, Mr Mackley, Mr Marriage, Mr Taylor and Cllr Wingate all declared a disclosable pecuniary interest in all related agenda items by virtue of having moorings or paying harbour dues to the Council.
As the Deputy Monitoring Officer had previously granted a dispensation under Paragraph 8.1 (c) of the Code of Conduct (minute SH.06/14 refers), all Members remained in the meeting and took part in the discussion and debate on all agenda items.
Salc Harb 9.2.15 Cllr J Brazil declared a personal interest in Item 11: ‘Topical Harbour Issues’ (Minute SH.45/14 below refers) by virtue of having been previously a trustee of ICC Egremont. For clarity, Cllr Brazil confirmed that he was no longer a trustee and he remained in the meeting and took part in the debate and vote thereon.
SH.40/14 PUBLIC QUESTION TIME
During the Public Question Time session, one issue was raised:
Question from the Owner of Kingsbridge Ferry:
‘Is the Basin going to be dredged again?’
In reply, the Harbour Master informed that:-
- a pre-dredging survey would be undertaken to determine what specific areas needed dredging; - any areas which had not been dredged in the last ten years would not be dredged; and - there were concerns regarding the lack of water depth.
Before concluding the agenda item, a Member also expressed his concern that the deep water channel could not be moved across slightly.
SH.41/14 FEEDBACK FROM HARBOUR COMMUNITY FORUMS
The Board received verbal update reports from the Board Members who attended the Harbour Community Forums. The updates were as follows:
Salcombe Kingsbridge Estuary Association (SKEA) No update was given at this meeting.
Salcombe Kingsbridge Estuary Conservation Forum (SKECF) No update was given at this meeting.
South Devon & Channel Shellfishermen Whilst the Shellfishermen had not met since the last Board meeting, in light of the downward trend of fuel prices, the representative advised that some fishing vessels were contemplating re-fuelling via a road tanker.
Kingsbridge and Salcombe Marine Business Forum No update was given at this meeting.
Kingsbridge Estuary Boat Club (KEBC) A Member informed that the Kingsbridge Fair Week Committee was seeking to open dialogue with the Harbour Authority in respect of launching its firework display from a barge.
Salc Harb 9.2.15 SH.42/14 REPORT ON PORT MARINE SAFETY CODE COMPLIANCE
The Board was presented with a report that appraised it of the Authority’s compliance with the Port Marine Safety Code.
In discussion, reference was made to:-
(a) typographical errors contained within the draft Management System. Whilst the draft document was considered to be fit for purpose, the Board did highlight some typographical errors. In addition, the Harbour Master felt that, in the future, the document could be revised with the particular emphasis on the environmental aspects being strengthened. As part of the revisions process, a Member offered his services to review the accuracy of the document prior to publication. In response, the Board expressed its support for this offer;
(b) responsibility for the Fish Quay. A Member was of the view that there was a lack of clarity between the Council and the Harbour Authority in respect of responsibility for the Fish Quay. The Member proceeded to express his concern that, inclusion of the Fish Quay in the Code, could lead to the Harbour Authority being liable for this asset;
(c) racing dinghies. In future publications, a Member felt that reference should be made in the ‘Management of Safety Controls – Checklist’ section to racing dinghies.
It was then:
RESOLVED
1. That the findings of the Audit (as outlined at Appendix 1 and 2 of the presented agenda report) be accepted; and 2. That the 12 th edition of the Safety Management System (dated 11 November and as set out at Appendix 3 of the presented agenda report) be endorsed and published.
SH.43/14 2014 OPINION METER SURVEY
A report was considered that reported the results of the Harbour Authority 2014 Opinion Survey.
In discussion, the following points were raised:-
(a) Whilst the response rates were good, the Board did recognise that the sample was not truly random. Some Members also commented that the numbers could be skewed by respondents who were repeat complainants. Furthermore, a Member questioned the merits of recording the statistics and felt that the Survey should be considered solely as a marketing tool, with the Harbour Authority listening to users and learning lessons from their complaints;
Salc Harb 9.2.15 (b) With regard to wifi provision, Members were informed that this would be the subject of a report to a future Board meeting;
(c) The Survey demonstrating that 94% of users would consider using the Harbour again in the future was welcomed by a number of Members.
It was then:
RESOLVED
That the report be noted and the findings borne in mind when future policy is being formulated.
SH.44/14 PERFORMANCE MANAGEMENT
A report was considered that advised of the Harbour’s performance against agreed Performance Indicators (PIs) for the second quarter of the current year.
In discussion, reference was made to:-
(a) the overall performance of the Harbour being excellent. With the exception of the crime figures (for which two thefts had been reported), the Board welcomed the fact that every indicator had been on target during this quarter;
(b) visiting yacht numbers. The boost for the local economy arising from the significant increase in visiting yacht numbers was also welcomed by Members;
(c) the staff days lost due to sickness absence. In light of the indicator showing that only one working day had been lost due to sickness absence so far this year, the Board wished for its thanks to be passed on to the Harbour staff;
(d) increased recycling from yacht refuse. It was noted that recycling from yacht refuse would be a matter for further consideration at a future Board workshop.
It was then:
RESOLVED
That the Harbour Performance against agreed Performance Indicators be noted.
SH.45/14 REPORT ON TOPICAL HARBOUR ISSUES
A report was considered that outlined topical harbour issues that did not warrant their own report.
In discussion, reference was made to:-
Salc Harb 9.2.15
(a) an update on ICC Egremont. The Harbour Master provided an update on a proposal from the Egremont Trust to refurbish the vessel and introduce a sailing school in time for the start of the 2016 season. A lengthy debate ensued and the Board concluded that it would be interested to see how the proposal evolved and it would continue to take a keen interest in this matter;
(b) formal staff training. Officers confirmed that the training undertaken would apply for three years. In addition, the Board wished to record and congratulate the Harbour Master on his recent success in being awarded a distinction accreditation;
(c) adding fingers to Batson pontoon. The Board felt that this proposal was a good alternative to ensure boat use;
(d) Harbour Directions. The Harbour Master informed that no objections had been raised during the public consultation exercise on Harbour Directions. As a consequence, the Board acknowledged that it was now timely to establish a Port User Group, which could act as a Forum to bring together each of the existing five Harbour Community Forums.
It was then:
RESOLVED
That the report be noted and that support be expressed for the proposal to add fingers to Batson pontoon.
SH.46/14 MATTERS FOR FUTURE CONSIDERATION
A report was considered that highlighted matters for future consideration by the Board.
In discussion, the following points were raised:-
(a) Whilst acknowledging the proximity to the upcoming elections, the majority of Members supported the proposal to convene the next Board workshop at Cliff House, Salcombe on the morning of Monday, 20 April 2015;
(b) Some Members made reference to the concerns of South Pool Parish Council in respect of access issues to both sides of South Pool Creek and questioned the extent and details of any leasing arrangements between the Duchy and the owners of Gullet Farm. Following a brief discussion, the Board requested that this matter be considered in more detail at a future meeting.
Salc Harb 9.2.15 It was then:
RESOLVED
That the report be noted.
SH.47/14 EXCLUSION OF PUBLIC AND PRESS
It was then:
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 item of business as the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Act is involved.
SH.48/14 SECURITY PATROL
The Board considered an exempt report that appraised it on the tendering process for a new security patrol contract.
It was then:
RESOLVED
That the report be noted and the extension to the contract length (from 3 to 5 years) be endorsed.
(Meeting commenced at 2.30 pm and concluded at 3.55 pm)
______Chairman
Dev Management 18.02.15
MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 18 FEBRUARY 2015
Members in attendance * Denotes attendance Ø Denotes apology for absence Ø Cllr H D Bastone * Cllr T R Holway * Cllr J Brazil * Cllr J A Pearce * Cllr P K Cuthbert * Cllr J T Pennington * Cllr R J Foss (Vice Chairman) * Cllr J W Squire * Cllr P W Hitchins * Cllr R C Steer (Chairman) * Cllr J M Hodgson * Cllr S A E Wright
Other Members in attendance Cllrs Baldry, Bramble, Cane, Carson, B Cooper, Coulson, Hicks, Tucker
Item No Minute Ref or App. No. Officers in attendance and below refers participating All agenda Development Manager, Planning Officers, items Solicitor and Member Services Manager 41/2576/14/F Landscape Officer, Highways Officer, Environment Agency Officer 05/2499/14/F & Landscape Officer 05/2500/14/LB
DM.55/14 MINUTES
The minutes of the meeting of the Committee held on 14 January 2015 were confirmed as a correct record and signed by the Chairman.
DM.56/14 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 Pearce declared a personal interest in application 55/2946/14/F : Erection of new house to replace existing – 20 Meadcombe Road, Thurlestone by virtue of living near the application site but not being part of the local residents association. She remained in the meeting and took part in the debate and vote thereon;
Cllr Hitchins declared a personal interest in applications 05//2499/14/F & 05/2500/14/LB : Solar panel array (200 panels, 335m 2, 50kW) on former tennis court and Listed Building consent for solar panel array (200 panels, 335m 2, 50kW) on former tennis court – Burgh Island, Bigbury on Sea, by virtue of his son occasionally landing a helicopter on the helipad. He remained in the meeting and took part in the debate and vote thereon;
Dev Management 18.02.15
Cllr Foss declared a personal interest in application 43/2825/14/F : Householder application for new decked area and glazed guarding to water edge – Waters Edge, Frogmore, Kingsbridge, by virtue of knowing the applicants. He remained in the meeting and took part in the debate and vote thereon;
Cllr Wright declared a personal interest in application 28/2767/14/O : Outline application (all matters reserved) for erection of two detached houses and garages – SX 7418 4302, Warren Road, Kingsbridge by virtue of his animals attending the nearby vet. He remained in the meeting and took part in the debate and vote thereon.
DM.57/14 PUBLIC PARTICIPATION
The Chairman proceeded to announce that the following members of the public had registered their wish to speak at the meeting:- • 41/2576/14/F : Objector – Mr Charles Wreford Brown: Supporter – Mr Richard Maddock: Redevelopment of hotel to comprise 51no. bedrooms, bar and restaurant, residents lounge, spa, swimming pool, ancillary service space and parking – Tides Reach Hotel, Cliff Road, Salcombe; • 05/2499/14/F & 05/2500/14/LB : Parish Council Representative – Dr Stuart Watts [Speaker statement read out as unable to remain in meeting]: Solar panel array (200 panels, 335m2, 50kW) on former tennis court – Burgh Island, Bigbury on Sea; • 62/3088/14/F: Objector – Mrs Lyn Medlin: Supporter – Mr Steve Bottomley: Extensions to workshop and shop and new sewage treatment plant – Yealm Motor Services, Market Street, Yealmpton; • 55/2946/14/F : Objector – Mr Ed Persse: Supporter – Ms Pam Wilcox: Erection of new house to replace existing – 20 Meadcombe Road, Thurlestone, Kingsbridge; • 58/3140/14/F : Objector – Mr David Fieldsen: Supporter – Mr Ashley Sodergren: Parish Council Representative – Cllr Andy Cammack: Householder application for demolition of existing garage and substantial demolition of bungalow. Construction of new garage with ensuite bedroom over and alteration and extension to upper floor providing accommodation within roof – 14 Brownhill Lane, Wembury; • 37/2600/14/F : Objector – Mr Duncan Macpherson: Erection of dwelling with ancillary studio and garage to replace existing garage/ancillary living accommodation – The cottage, 97 court Road, Newton Ferrers; • 28/2767/14/O : Objector – Mr Rodney Strong: Supporter – Mr Steve Bottomley: Outline application (all matters reserved) for erection of two detached houses and garages – SX 7418 4302, Warren Road, Kingsbridge; • 58/2934/14/F : Parish Council Representative – Cllr Andy Cammack; Retrospective householder application for erection of platform balcony – 75 Mewstone Avenue, Wembury; • 14/2468/14/O : Supporter – Mr Paul Taylor: Outline planning application for 2-4 bedroom dwelling in the garden of Ashmoor, with access off lane between site and Plymouth Road. All matters reserved except access for which approval is sought with this application – Site adj. Ashmoor, Dartington, Totnes;
Dev Management 18.02.15
• 14/2582/14/F : Supporter - Ms Julie Boultby [speaker statement read out as unable to remain in meeting]: Householder application for two storey and single storey extension and alterations to existing dwelling – Rivendell, Dartington.
DM.58/14 SITE INSPECTIONS
Report of the Site Inspection Group held on 9 February 2015 i) 15/2252/14/F : Construction of 7 dwellings (following refusal of planning application 15/2265/12/F for construction of 8 dwellings) – Development site at SX 8651 5145, Site at Collingwood Road, Dartmouth
The Case Officer advised that there was one late letter of support and summarised the comments. He also advised of a typographical error in the report where DP17 should read DP07 within the recommended reasons for refusal.
A statement was read out on behalf of the Ward Member who advised that he supported the application and would like a further condition relating to the added trees. He also advised that the developer would be willing to replace the trees and provide off site green space. The Development Manager confirmed that this would not be an appropriate condition as it related to space outside the boundary of the site.
A statement was then read out on behalf of a neighbouring Ward Member who noted that the trees had been subject to a Tree Preservation Order to provide screening from the industrial units, yet the proposal would also provide that screening. He also suggested that a landscaping plan should be conditioned.
Members then discussed the application in more detail and comments made related to parking issues, the sustainability of the site which had good public transport links, good design but in the wrong place and the overbearing aspect on the opposite properties were noted.
It was then PROPOSED , SECONDED and on being put to the vote declared LOST :
“That application 15/2252/14/F be refused”
It was then PROPOSED , SECONDED and on being put to the vote declared CARRIED :
“That application 15/2252/14/F be conditionally approved”
Reasons: The proposal was of an acceptable design and scale The importance of the protected trees had been considered and their loss was not considered detrimental to the area The proposal was not unduly overbearing The lack of onsite parking was not such an overriding consideration as to warrant refusal
Dev Management 18.02.15
Conditions:
Time limit Accord with plans Details of materials Use of carport for parking only Details of the rear boundary wall Details of landscaping plan
DM.59/14 PLANNING APPLICATIONS
The Planning Case Officers submitted details of the planning applications as presented in the agenda papers.
During discussion of the planning applications, the following motions (which were in contradiction to the planning officer recommendation in the published agenda report), were PROPOSED and SECONDED and on being put to the vote were either CARRIED or LOST :-
a) In respect of application 41/2869/14/VAR : Variation on condition 2 (approved plans) of planning consent 41/0929/13/F change of ground levels within rear garden of plot 1 – Lundy (formerly known as Trennels), Grenville Road, Salcombe, the case officer introduced the report and summed up the letters of representation. A number of photographs were shown which set out the context of the application. The key issue was impact on residential amenity resulting from overlooking. Photographs were shown of neighbouring properties and the overlooking issue explained in detail.
One local Ward Member advised that the application before the Committee sought to legitimise a breach of planning. The previous decision to grant planning permission, and associated conditions, attempted to balance the rights of the developer with the rights of the existing residents. He demonstrated how the higher fence line impacted on the line of sight of one of the neighbours. The original line allowed for free field of vision and light. By building the fence up it made looking out of the neighbour’s kitchen window like looking out of a postbox. Once the breach had been detected the original fence was replaced with one that was overbearing and that was never the intention of the Committee when it made its original decision. Approval would therefore be seen as rewarding the developer for wilful disregard of planning rules. The amenity of neighbouring residents had been significantly reduced and therefore he requested that the application be refused.
Another local Ward Member explained to the Committee the impact of the decking at the back of the property and the result of the patio being level and not dropping off because of the additional soil.
Dev Management 18.02.15
The overlooking into the side porch of Lulworth was outlined, and the fact that a fence on the northern wall would be oppressive. The mere fact of the decking allowed overlooking directly into the neighbouring porch. She proposed refusal on the grounds of loss of privacy and amenity on Lulworth and for being overbearing on Fairwaters.
One Member expressed sympathy with the views of the local ward Members, however, the increase in fence height did prevent some overlooking. He also suggested a black list be compiled by the Council of all developers who did not abide by planning conditions and regulations.
Another Member stated that it was not good practice to roll over and simply approve retrospective applications.
The Development Manager advised that he understood the concerns of Members but approval of the retrospective was not necessarily the wrong judgement to make. The houses had been built as approved and there would always have been a degree of overlooking. Members also had to consider if the decking was so significant to warrant refusal. Members then concluded the debate.
The following motion was PROPOSED and SECONDED and on being put to the vote declared LOST :-
“That application 41/2869/14/VAR be refused”
The following motion was then PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
“That application 41/2869/14/VAR be conditionally approved in line with the officer recommendation. b) In respect of application 37/2600/14/F: Erection of dwelling with ancillary studio and garage to replace existing garage/ancillary living accommodation – The Cottage, 97 court Road, Newton Ferrers, the following motion was PROPOSED and SECONDED and on being to the vote declared CARRIED :-
“That a site inspection be held” c) In respect of application 07/2599/14/F: Part retrospective change of use of existing agricultural building for the storage and repair and maintenance of agricultural and commercial vehicles. Erection of extension for the storage of vehicles and materials and the creation of a compound to accommodate the parking of vehicles in association with the use of the existing and proposed buildings – Land adj. to Wembury Road, Polston Park, Plymstock, Plymouth, the following motion was PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
Dev Management 18.02.15
“That a site inspection be held”
DM.60/14 PLANNING APPEALS UPDATE
There were no planning appeals to update at this meeting.
(Meeting commenced at 10.00 am and concluded at 7:25 pm)
______Chairman
Dev Management 18.02.15
Voting Analysis for Planning Applications – DM Committee 18 February 2015 Application No: Site Address Vote Councillors who Voted Councillors who Voted Councillors who Voted Absent Yes No Abstain 15/2252/14/F Development site at SX To Refuse Cllrs Pearce, Hodgson, Squire, Cllrs Wright, Holway, Cllrs Hitchins, Steer Bastone (1) 8651 5145 Site at Cuthbert (4) Pennington, Foss (4) (not in attendance for Collingwood Road, Carried by Chairman’s the presentation) Dartmouth casting vote Cllr Brazil (3) 15/2252/14/F Development site at SX To Approve Cllrs Wright, Holway, Pennington, Cllrs Pearce, Hodgson, Cllrs Hitchins, Steer Bastone (1) 8651 5145 Site at Foss (4) Squire, Cuthbert (4) (not in attendance for Collingwood Road, Carried by Chairman’s casting the presentation) Dartmouth vote Cllr Brazil (3) 41/2576/14/F Tides Reach Hotel, Cliff To Approve Cllrs Hitchins, Holway, Cllrs Foss, Squire, Brazil, (0) Bastone (1) Road, Salcombe Pennington, Pearce, Cuthbert, Holway, Wright (5) Steer (6) 05/2499/14/F Burgh Island, Bigbury on To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce, Cllr Hitchins (1) Bastone (1) Sea Cuthbert, Steer, Foss (6) Pennington, Squire (4) 05/2500/14/LB Burgh Island, Bigbury on To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce, Cllr Hitchins (1) Bastone (1) Sea Cuthbert, Steer, Foss (6) Pennington, Squire (4) 62/3088/14/F Yealm Motor Services, To Approve Cllrs Hodgson, Brazil, Holway, (0) (0) Bastone (1) Market Street, Wright, Cuthbert, Pearce, Hitchins, Yealmpton Pennington, Squire, Steer, Foss (11) 41/2869/14/VAR Plot I Lundy, Grenville To Refuse Cllrs Wright, Pearce, Pennington, Cllrs Hodgson, Brazil, Cllrs Cuthbert, Foss (2) Bastone (1) Road, Salcombe Squire (4) Holway, Hitchins, Steer (5) 41/2869/14/VAR Plot 1 Lundy, Grenville To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce, Cllrs Cuthbert, Foss (2) Bastone (1) Road, Salcombe Hitchins, Steer (5) Pennington, Squire (4)
Dev Management 18.02.15
55/2946/14/F 20 Meacombe Road, To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce (2) (0) Bastone (1) Thurlestone Cuthbert, Hitchins, Pennington, Squire, Steer, Foss (9) 58/3140/14/F 14 Brownhill Lane, To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Pennington, Squire (2) (0) Bastone (1) Wembury Wright, Cuthbert, Pearce, Hitchins, Steer, Foss (9) 37/2600/14/F The Cottage, 97 Court Site Visit Cllrs Hodgson, Brazil, Holway, (0) (0) Bastone (1) Road, Newton Ferrers Wright, Cuthbert, Pearce, Hitchins, Pennington, Squire, Steer, Foss (11) 43/2825/14/F Waters Edge, Frogmore, To Approve Cllrs Pearce, Hitchins, Cllrs Holway, Brazil, (0) Bastone (1) Kingsbridge Pennington, Squire, Steer, Foss Hodgson, Wright, Cuthbert (6) (5) 28/2767/14/O SX7418 4302, Warren Site Visit Cllrs Pennington, Squire (2) Cllrs Hodgson, Brazil, (0) Bastone (1) Road, Kingsbridge Holway, Wright, Cuthbert, Pearce, Hitchins, Steer, Foss (9) 28/2767/14/O SX7418 4302, Warren To Approve Cllrs Hodgson, Brazil, Holway, (0) Cllrs Bastone (1) Road, Kingsbridge Wright, Cuthbert, Pearce, Hitchins, Pennington, Steer, Foss (9) Squire (2) 58/2934/14/F 75 Mewstone Avenue, Site Visit Cllrs Wright, Cuthbert, Cllrs Hodgson, Brazil, (0) Bastone (1) Wembury Pennington, Squire (4) Holway, Pearce, Hitchins, Steer, Foss (7) 58/2934/14/F 75 Mewstone Avenue, To Approve Cllrs Hitchins, Pearce, Holway, Cllrs Wright, Cuthbert, (0) Bastone (1) Wembury Brazil, Hodgson, Steer (6) Pennington, Squire, Foss (5)
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14/2468/14/O Site adj. Ashmoor, To Approve Cllrs Brazil, Holway, Wright, Cllr Hodgson(1) (0) Bastone (1) Dartington Cuthbert, Pearce, Hitchins, Pennington, Squire, Steer, Foss (10) 07/2599/14/F Land adj. Wembury Site Visit Cllrs Hodgson, Brazil, Holway, (0) (0) Bastone (1) Road, Polston Park, Wright, Cuthbert, Pearce, Hitchins, Plymouth Pennington, Squire, Steer, Foss (11) 14/2582/14/F Rivendell, Dartington, To Approve Cllrs Brazil, Holway, Wright, Cllr Hodgson (1) (0) Bastone (1) Totnes Cuthbert, Pearce, Hitchins, Pennington, Squire, Steer, Foss (10)
Dev Management 18.02.15
APPENDIX A
41/2576/14/F Redevelopment of hotel to comprise of 51no. bedrooms, bar and restaurant, residents lounge, spa, swimming pool, ancillary service space and parking -Tides Reach Hotel, Cliff Road, Salcombe, TQ8 8LJ - EHC Estates Ltd
Salcombe Town Council
Town Council’s Views – Objection, Malborough Parish Council: Objection
Officer Update – 3 late letters reported
Recommendation – Conditional approval
Recommended Conditions 1. Time, commencement within 3 years 2. Accord with Plans and Supporting Information 3. Floor Levels 4. Construction Environment Management Plan (including details of all permits, contingency plans and mitigation measures for the control of pollution, biodiversity and manage production of wastes) – submission prior to commencement of works 5. Flood Compensation Area – submission of details prior to commencement of works 6. Design of Lower Terrace & Upper Terrace Wave Defence – details to be submitted prior to commencement of works 7. Design of Culvert Under Access Bridge – details to be submitted prior to works 8. Landscape and Ecological Management Plan (detail and implementation) - submission prior to commencement of works 9. Arboricultural Method Statement 10. Arboricultural Protection Measures 11. Arboricultural Protection Measures Site Monitoring 12. Travel Plan Strategy 13. Construction Management Plan (Highways) – submission prior to commencement of works 14. Specification of external finishing materials of building and hard landscaping (including details of parking surface no dig surfaces) 15. Implementation of Parking/Visibility Splays - prior to use of the hotel 16. Lighting Scheme 17. Fume Extraction 18. Noise Levels & Mitigation for All Plant 19. Details External Appearance for Refuse Storage 20. Details External Appearance of Food Kiosk 21. Temporary/Seasonal Use of Food Kiosk (April – September) 22. Unsuspected Contamination 23. Control over Piling/Foundation Designs 24. Programme of Archaeological Work
Committee Decision – Conditional approval
Dev Management 18.02.15
05/2499/14/F Solar panel array (200 panels, 335m2, 50kW) on former tennis court - Burgh Island, Bigbury on Sea TQ7 4BG - Burgh Island Hotel Ltd
Bigbury Parish Council
Parish Council’s Views – Objection
Officer Update – 4 additional letters of objection & 1 letter of support. Officer report was on website prior to meeting and referred to comments from Landscape Officer & AONB.
Recommendation – Conditional approval
Recommended Conditions 1. Standard Time Limit; 2. Accord with approved plans; 3. Landscaping scheme to be implemented on commencement of development; 4. Any plant failures to be replaced within 10 years; 5. Remove equipment when it falls out of use.
Additional condition - Full details of cabling and equipment and associated excavation to be submitted to and approved by LPA.
Committee Decision – Conditional approval
05/2500/14/LB Listed building consent for solar panel array (200 panels, 335m2, 50kW) on former tennis court - Burgh Island, Bigbury on Sea TQ7 4BG - Burgh Island Hotel Ltd
Bigbury Parish Council
Parish Council’s Views – Objection, Ringmore Parish Council - Objection
Officer Update - 4 additional letters of objection & 1 letter of support. Officer report was on website prior to meeting and referred to comments from Landscape Officer & AONB.
Recommendation – Conditional approval
Recommended Conditions 1. Standard Time Limit; 2. Accord with approved plans
Committee Decision – Conditional approval
62/3088/14/F Extensions to workshop and shop and new sewage treatment plant - Yealm Motor Sevices, Market Street, Yealmpton, Plymouth, PL8 2EB – Yealm Motor Services Ltd
Yealmpton Parish Council
Parish Council’s Views – No objection in principle, but;
Dev Management 18.02.15
o prefer to connect to the main drain and not use septic tank o no disabled access to the shop o canopy lights must be down lighters to minimise glare to local homeowners
Officer Update - One additional letter of support.
Recommendation – Conditional approval.
Recommended Conditions 1. Time limit 2. Accord with plans (3 years) 3. Materials to match existing 4. Details of any lighting to be submitted 5. Unsuspected contamination condition
Additional conditions requested • Landscaping • Car parking details to be submitted.
Committee Decision – Conditional approval
41/2869/14/VAR Variation on condition 2 (approved plans) of planning consent 41/0929/13/F change of ground levels within rear garden of plot 1 - Lundy (formerly known as Trennels), Grenville Road, Salcombe, TQ8 8BJ - Cord Developments
Salcombe Town Council
Town Council’s Views – Objection
Officer Update - One late letter of support. All references to 2m close board fence should read 1.8m close board fence. Recommendation is subject to a Section 106 Deed of Variation.
Recommendation – Conditional Approval
Recommended Conditions 1. Accordance with approved plans 2. Fencing to be erected within 3 months and maintained as such. 3. Landscaping to be maintained 4. Roofs to be maintained clad in natural slate 5. Refuse storage provision to be retained in accordance with approved scheme 6. Removal of PD rights Part 1 and Part 2 means of enclosure
Committee Decision – Conditional approval ______
55/2946/14/F Erection of new house to replace existing - 20 Meadcombe Road, Thurlestone, Kingsbridge, TQ7 3TB - Mr & Mrs R Hart
Dev Management 18.02.15
Thurlestone Parish Council
Parish Council’s Views – Objection
Officer Update - None
Recommendation – Conditional approval
Recommended Conditions 1. Standard Time 2. Accord with Plans 3. Schedule of Materials 4. Standard Drainage 5. Unsuspected contamination 6. First floor windows within side elevations obscure glazed and fixed shut in perpetuity. 7. Landscape plan prior to commencement of development 8. Construction Environment Management Plan 9. Removal of Permitted Development Rights
Additional condition – Privacy screen
Committee Decision – Conditional approval ______
58/3140/14/F Householder application for demolition of existing garage and substantial demolition of bungalow. Construction of new garage with ensuite bedroom over and alteration and extension to upper floor providing accommodation within roof - 14 Brownhill Lane, Wembury, Plymouth, PL9 0JH - Mr M Eggleton
Wembury Parish Council
Parish Council’s Views – Objection
Officer Update - 4 late letters – 1 reiteration, 3 new objections
Recommendation – Conditional approval
Recommended Conditions 1. Standard time limit 2. Accord with plans 3. Landscape plan prior to commencement 4. Garage retained for parking of motor vehicles 5. Roof structure compete prior to occupation
Committee Decision – Conditional approval
______
37/2600/14/F Erection of dwelling with ancillary studio and garage to replace existing garage/ancillary living accommodation - The Cottage, 97 Court Road, Newton Ferrers, Plymouth PL8 1DE – Jesse Stokes Ltd, New Ferrers Merlin Ltd & Ennismore Residential Ltd
Dev Management 18.02.15
Newton & Noss Parish Council
Parish Council’s Views – Objection
Officer Update - None
Recommendation – Conditional approval
Recommended Conditions 1. Time 2. Accord with plans 3. Retention of parking for motor vehicles 4. Drainage prior to commencement of development 5. Landscape plan condition 6. Studio to remain incidental to enjoyment of dwellinghouse 7. Construction Environment Management Plan prior to commencement of development 8. Removal of Permitted Development Rights 9. Accord with details within bat report 10. Landscape scheme prior to commencement of development 11. Unsuspected contamination 12. Prior to installation slate details 13. Prior to installation cladding details
Committee Decision – Site inspection
______
43/2825/14/F Householder application for new decked area and glazed guarding to water edge - Waters Edge, Frogmore, Kingsbridge, TQ7 2NR - Mr & Mrs T Corr
Frogmore & Sherford Parish Council
Parish Council’s Views – Objection
Officer Update - 1 additional representation, 1 comment from applicant
Recommendation – Conditional approval
Recommended Conditions 1. Time limit for commencement 2. In accordance with approved plans 3. Samples of materials
Committee Decision – Conditional approval
______
28/2767/14/O Outline application (all matters reserved) for erection of two detached houses and garages – SX7418 4302, Warren Road, Kingsbridge TQ7 1LB, Kingsbridge, TQ7 1LB – Ms A Stear
Kingsbridge Town Council
Dev Management 18.02.15
Town Council’s Views – Recommend refusal
Officer Update - None
Recommendation – Conditional approval
Recommended Conditions 1. Time for commencement 2. Accords with plans 3. Reserved matter time for submission 4. Reserved details to be submitted 5. Materials 6. Permitted development right restrictions 7. Foul drainage to be agreed 8. Surface water strategy to be agreed 9. Unsuspected contamination 10. Details of energy efficiency/ Renewable energy 11. Lifetime homes 12. Landscape Plan – Full and detailed landscape scheme to be submitted 13.Arboricultural Impact Assessment and Tree Protection Plan
Additional condition – no habitable windows to face East or West.
Committee Decision – Conditional approval
______
58/2934/14/F Retrospective householder application for erection of platform balcony - 75 Mewstone Avenue, Wembury, Plymouth, PL9 0HU - Mr A Tippett
Wembury Parish Council
Parish Council’s Views – Objection
Officer Update – Confirmation of planning history & update to refer to Enforcement case 2014/0407
Recommendation – Conditional Approval
Recommended Conditions 1. Commencement (Retrospective) 2. Accord with Plans
Committee Decision – Conditional approval
______
14/2468/14/O Outline planning application for 2-4 bedroom dwelling in the garden of Ashmoor, with access off lane between site and Plymouth Road. All matters reserved, except access for which approval is sought with this application - Site adj Ashmoor, Dartington, Totnes TQ9 6DH - Mr & Mrs P Taylor
Dev Management 18.02.15
Dartington Parish Council Parish Council’s Views – Objection
Officer Update - None
Recommendation – Conditional Approval
Recommended Conditions
1. Time Limit 2. Accord with Plans (those relevant to access) 3. All Matters Reserved (except access / principle) 4. Drainage 5. Landscape / Ecology Management Plan
Committee Decision – Conditional approval
______
07/2599/14/F Part retrospective change of use of existing agricultural building for the storage and repair and maintenance of agricultural and commercial vehicles. Erection of extension for the storage of vehicles and materials and the creation of a compound to accommodate the parking of vehicles in association with the use of the existing and proposed buildings. - Land adj to Wembury Road, Polston Park, Plymstock, Plymouth, PL9 0DD - Mr & Mrs N Staddon
Brixton Parish Council
Parish Council’s Views – Recommend approval
Officer Update - None
Recommendation – Refusal
Reasons for refusal 1. The proposed development is situated in the countryside outside the settlements of Plymstock and Staddiscombe. Employment in this location is only allowed where it does not conflict with the criteria set out in the South Hams District Council Local Development Framework: Core Strategy Policies CS1, CS13 and where it requires a countryside location to support the essential needs of agriculture or forestry interests as set out in the South Hams District Council Local Development Framework: Development Policies Development Plan Document DP15. The proposed development conflicts with the criteria set out in these three policies and also Development Policies Development Plan Document policy DP16 (Conversion and Reuse of Existing Buildings in the Countryside) due to the proposal being for a business which, on the basis of the information submitted with the application, does not require an open countryside location and is likely to prejudice agricultural operations on the holding.
2. The proposed development would likely result in an increase in the volume of traffic entering and leaving the Class C County Road through an access which does not provide adequate visibility from and of emerging vehicles, contrary to paragraph 32 of the National Planning Policy Framework.
Dev Management 18.02.15
3. The location of the proposed development is likely to create the need for additional travel by private vehicles due to its location and the lack of suitable access to alternative means of travel contrary to paragraphs 14, 29, 32 and 34 of the National Planning Policy Framework.
Committee Decision – Site visit
______
14/2582/14/F Householder application for two storey and single storey extension and alterations to existing dwelling - Rivendell, Dartington, Totnes, TQ9 6JP - Mr D Young
Dartington Parish Council
Parish Council’s Views – Objection
Officer Update - None
Recommendation – Conditional approval
Recommended Conditions 1. Time limit 2. Accord with plans 3. Flush fitting rooflights 4. Sample of timber cladding prior to installation 5. Stonework to match existing 6. Timber windows 7. Unsuspected contamination
Committee Decision – Conditional approval
Corp Perf 19.02.15
MINUTES OF THE MEETING OF THE CORPORATE PERFORMANCE AND RESOURCES SCRUTINY PANEL HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY, 19 FEBRUARY 2015
Panel Members in attendance * Denotes attendance Ø Denotes apology for absence * Cllr K J Baldry (Vice Chairman) Ø Cllr J D Hawkins Ø Cllr J H Baverstock Ø Cllr P W Hitchins * Cllr I Bramble * Cllr J W Squire * Cllr C G Bruce-Spencer * Cllr J A Westacott MBE * Cllr R J Foss (Chairman)
Members in attendance and participating Cllrs A D Barber, B E Carson, T R Holway, M F Saltern, S A E Wright and R J Tucker
Item No Minute Ref No Officers in attendance and participating below refers All Executive Director Strategy and Commissioning (EDS&C) and Member Services Manager 8 CP&R.34/14 Strategic Lead for the Transformation Programme 9, 10, 11 CP&R.35/14, Monitoring Officer CP&R.36/14, CP&R.37/14 12, 13 CP&R.38/14, Customer Services Manager CP&R.39/14
CP&R.30/14 MINUTES
The minutes of the meeting of the Corporate Performance and Resources Scrutiny Panel held on 20 November 2014 were confirmed as a correct record and signed by the Chairman.
CP&R.31/14 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.
CP&R.32/14 PUBLIC FORUM
No items were raised.
CP&R.33/14 EXECUTIVE FORWARD PLAN
There were no issues raised on the Executive Forward Plan.
Corp Perf 19.02.15 CP&R.34/14 T18 UPDATE
The Strategic Lead for the Transformation Programme introduced the report and advised that there was little change since the recent detailed report to Council in December. She highlighted the main areas within the report and responded to questions.
During discussion the following points were raised:
It was confirmed that a Working Group of Members were working on the finer detail of the Locality model and at their next meeting they would be moving on to look at technology and trial options;
The under and over payments referred to in the report had purely arisen from a timing issue. An over or under spend on the Programme was not predicted;
One Member was not convinced that Locality workers needed accommodation or an outstation. The Strategic Lead for the Transformation Programme advised that discussions would take place with the Locality Manager once they were appointed but the issue of outstation accommodation was also an alternative for staff who were agile working.
It was then:
RESOLVED
That the report be noted.
CP&R.35/14 THE CODE OF CONDUCT AND APPOINTMENTS TO OUTSIDE BODIES
The Monitoring Officer introduced a report that asked Members to consider the Code of Conduct implications for Members who had been appointed by the Council to serve on Outside Bodies. She confirmed that she would not recommend a blanket dispensation for Members on Outside Bodies as there were several mechanisms under which Members could be appointed.
It was then:
RESOLVED
That the report be noted.
CP&R.36/14 REQUEST TO GRANT GENERAL DISPENSATIONS
The Monitoring Officer presented a report that asked Members to grant General Dispensations to all Members for the next Council term. She advised that the existing dispensation had been set for the term of the Council.
Corp Perf 19.02.15 During discussion, concerns were raised about ‘dual hatted’ Members having a conflict of interest, for example, in instances where a district councillor, who was also a county councillor, negotiated with the county council on behalf of the district council. Some Members felt this was not appropriate, whilst others felt it should be left to the Member concerned to declare an interest where necessary and leave the room. On such occasions, a Member stated that the negotiations were usually undertaken by officers whilst the Members provide an overview.
To conclude this item, Members agreed to allow a general dispensation to dual hatted Members for a period of one year to May 2016 and allow a general dispensation as per paragraph 1.4 of the presented agenda report for the next Municipal Council ie until May 2019.
It was then:
RESOLVED
1. That a General Dispensation be granted to all dual hatted Members of South Hams District Council to speak and vote on matters where they were a Member of another local authority and in receipt of a Members’ Allowance, until May 2016; and 2. That a General Dispensation be granted to all Members of South Hams District Council to speak and vote on all matters as set out in para 1.4 of the presented agenda report until the Annual Council meeting in May 2019.
CP&R.37/14 REQUEST TO GRANT DISPENSATION FOR CLLR CARSON
[Cllr Carson left the room for this item]
The Monitoring Officer presented a report that asked Members to grant a dispensation to Cllr Carson, in accordance with the application attached at appendix A of the presented agenda report.
The Monitoring Officer clarified the position of Cllr Carson as a SHDC representative on the CIC Board of DC Housing, but as a nominated representative rather than an appointed Member.
Whilst some Members felt that Cllr Carson should be able to take part in relevant discussions and not vote, the fact that he received remuneration for the position led other Members to feel he had a Disclosable Pecuniary Interest. During discussion, Members were concerned that there was a public perception issue and for this reason the majority of Members voted to refuse the application.
It was then:
Corp Perf 19.02.15 RESOLVED
That the request for a dispensation be refused.
CP&R.38/14 PERFORMANCE REPORT – QUARTER 2
Members considered a report that provided them with information on the key Performance Indicators at the end of Quarter 2 for 2014/15.
As the Quarter 3 report was also on the presented agenda (Minute CP&R.39/14 below refers), Members agreed not to discuss this item as the next agenda item being Quarter 3 had more up to date information.
CP&R.39/14 PERFORMANCE REPORT – QUARTER 3
Members considered a report that provided them with information on the key Performance Indicators at the end of Quarter 3 for 2014/15.
In discussion, the following points were raised:-
(a) The Executive Portfolio Holder for Planning, Economy and Community had been unable to attend the meeting but advised that the issue of performance in respect of Planning was known and significant changes were being made; (b) The Executive Portfolio Holder for Corporate and Customer Services asked Members to note the considerable improvement in customer contact times and added that steps were being taken to address staffing levels in advance of the additional workload that would result from the forthcoming elections; (c) One Member noted that performance in Planning could be improved if Members were to take decisions themselves rather than refer to Committee; (d) The Executive Director Strategy and Commissioning reassured Members that he was aware of the issues with Planning. He stated that the Council was going through a fundamental change programme and was trying to retain staff. In addition, that change programme gave the scope to look at how planning applications were processed and whether improvements could be made. In response to questions he confirmed that issues with planning reflected a national picture; (e) Members stated that the public were fed up with non determination and the issues in the Planning department were affecting the reputation of the Council. Another Member stated that the level of challenge to decisions impacted on the resource levels that were available; (f) The Executive Director Strategy and Commissioning concluded that an improvement plan was in place and he would welcome the opportunity to bring a further report to Members in the future.
It was then:
Corp Perf 19.02.15 RESOLVED
1. That Members note the Key Performance Indicators for Q3 and have considered the action detailed to improve future performance; and
2. That the Panel agrees that Option 1 (as outlined in the presented agenda report) be the response to the following PI that had been at red status for two consecutive quarters:
• ICT & CS: Average call answer time And that Option 2 (as outlined in the presented agenda report) be the response to the following PI that had been at red status for two consecutive quarters:
• PEC: % of Applications determined within a statutory time frame (Minor).
(Meeting started at 10.00 am and concluded at 11.00 am).
______Chairman
CTSP 26.2.15
MINUTES OF THE MEETING OF THE COUNCIL TAX SETTING PANEL HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY 26 FEBRUARY 2015
MEMBERS
* Cllr P W Hitchins - Chairman
* Cllr K J Baldry * Cllr R J Tucker Ø Cllr R J Foss
* Denotes attendance Ø Denotes apology for absence
Also in attendance: Cllr M J Hicks
Officers in attendance: All Agenda Items: Finance COP Lead, Finance Business Partner, Specialist - Accountant and Member Services Manager
CTSP.1/14 MINUTES
The minutes of the meeting of the Panel held on 27 February 2014 were approved as a correct record and signed by the Chairman.
CTSP.2/14 DECLARATIONS OF INTEREST
Members were invited to declare any interests in the items of business to be considered during the course of the meeting but none was made.
CTSP.3/14 DECLARATION OF THE COUNCIL TAX BASE AND INDIVIDUAL TAX BASES FOR TOWNS AND PARISHES: 2015/2016
Consideration was given to a report which calculated and set out the Council Tax for 2015/16, having taken into account the precepts as notified from Devon County Council, Devon and Cornwall Police and Crime Commissioner, Devon and Somerset Fire and Rescue Authority, and the Town and Parish Councils.
The Finance COP Lead highlighted particular areas within the report and responded to queries. One Member noted that some town and parish councils had put forward a large percentage increase in their precept. He suggested that Government be lobbied to cap town and parish councils and prevent significant increases. The Finance COP Lead advised that if Government were to cap town and parish councils then it was likely that the cap would only apply to the larger councils with a precept of more than £100 per Band D property.
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CTSP 26.2.15
Members also noted that the district council had agreed a nil percent increase in council tax yet the council tax bills that landed on peoples doorsteps would have increased as a result of other precepting authorities increasing their element of the council tax bill.
It was then:
RESOLVED
1. That it be noted that in December 2014 the Senior Management Team, under delegated authority from full Council, approved the Council Tax Base for the year 2015/16
(a) for the whole Council area as 36,606.88 in accordance with regulation 3 of the Local Authorities (Calculation of Council Tax Base)(England) Regulations 2012; and (b) for dwellings in those parts of its area to which a Parish precept relates in accordance with regulation 6 of the Local Authorities (Calculation of Council Tax Base)(England) Regulations 2012 ( Appendix A) .
2. That the Council Tax requirement for South Hams District Council’s own purposes for 2015/16 (excluding Parish precepts) is calculated at £5,323,372 (Appendix B) .
3. That the following amounts are calculated by the Council for the year 2015/16 in accordance with Sections 31 to 36 of the Local Government Finance Act 1992 and the Localism Act 2011 (Appendix B):
(a) £43,828,213 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (2) of the Act taking into account all precepts issued to it by Parish/Town Councils (Gross expenditure including parish precepts) . (b) £36,823,255 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A (3) of the Act (Total income including formula grant and council tax surplus) . (c) £7,004,958 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year. (Item R in the formula in Section 31B of the Act) (Council tax requirement including parish precepts) .
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CTSP 26.2.15
(d) £191.36 being the amount at 3(c) above (Item R), all divided by the Council tax base(1(a) above), calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year (Average band D council tax for South Hams District Council and parishes) . (e) £1,681,586 being the aggregate amount of all special items (Parish precepts) referred to in Section 34(1) of the Act (as per the attached Appendix C – parish precepts ). (f) £145.42 being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by the Council tax base (1(a) above), calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no Parish precept relates (Band D council tax for South Hams District Council only) .
4. That it be noted the County Council, the Police and Crime Commissioner and the Fire Authority have issued precepts to the Council in accordance with Section 40 of the Local Government Finance Act 1992 for each of the categories of dwellings as shown below:
Valuation Bands Precepting A B C D E F G H authority £ £ £ £ £ £ £ £
Devon County Council’s tax 774.18 903.21 1,032.24 1,161.27 1,419.33 1,677.39 1,935.45 2,322.54 requirements
Police & Crime 112.98 131.81 150.64 169.47 207.13 244.79 282.45 338.94 Commissioner’s tax requirements
Devon & 52.28 60.99 69.71 78.42 95.85 113.27 130.70 156.84 Somerset Fire & Rescue Authority’s tax requirements
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CTSP 26.2.15
5. That the Council, in accordance with Sections 30 and 36 of the Local Government Finance Act 1992, hereby sets the amounts of Council Tax for the year 2015/16 for each of the categories of dwellings shown at Appendix D (total of all valuation band council taxes for South Hams District Council including parishes, county, police and crime commissioner and fire authority) .
6. That the Council has concluded that the basic amount of Council Tax for South Hams District Council for 2015/16 is not excessive in accordance with principles approved under Section 52ZB Local Government Finance Act 1992. (see calculation at Appendix B ).
(Meeting commenced at 10.00am and concluded at 10.11am).
______Chairman
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Executive 05.03.15
MINUTES OF A MEETING OF THE EXECUTIVE HELD AT FOLLATON HOUSE ON THURSDAY, 05 MARCH 2015
Members in attendance : * Denotes attendance Ø Denotes apologies Ø Cllr H D Bastone * Cllr R J Tucker (arrived late) * Cllr R D Gilbert * Cllr L A H Ward * Cllr M J Hicks (Chairman for the * Cllr S A E Wright duration of this meeting) * Cllr M F Saltern
Also in attendance and participating Item 8 E.69/14 Cllr Baverstock Item 9 E.70/14 Cllr Brazil Item 10 E.71/14 Cllrs Barber, Brazil, May, Pearce, Smerdon, Wingate Item 11 E.72/14 Cllrs Barber, Holway, May Item 12 E.73/14 Cllrs Brazil and Hodgson Item 13 E.74/14 Cllrs Barber, Brazil, Hawkins, Stone Also in attendance and not participating Cllrs Bramble, B Cooper, Cane and Cuthbert
Officers in attendance and participating All items Minute Ref Executive Director (SJ), Finance COP Lead and Member Services Manager Item 12 E.73/14 Customer Services Manager Item 13 E.74/14 Commercial Services Group Manager
E.65/14 MINUTES
The minutes of the meeting of the Executive held on 29 January 2015 were confirmed as a correct record and signed by the Chairman.
E.66/14 URGENT BUSINESS
The Chairman advised that there was one item of urgent business to be raised. It had come to light that the Local Development Strategy, which had been the subject of a report to 24 April 2014 meeting of the Executive (Minute E.81/13 refers), did not specify a start date beyond stating ‘this year’. For the avoidance of any doubt, he proposed therefore that the minutes of this meeting reflect that the Local Development Strategy had commenced on 7 May 2014 (i.e. after the call in period following that Executive meeting on 24 April 2014).
Executive 05.03.15
It was then:
RESOLVED
That, for the avoidance of any doubt, it be noted that the start date of the Local Development Strategy was 7 May 2014
. E.67/14 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:
Cllr R D Gilbert declared a potentially disclosable pecuniary interest in item 7: ‘Priority Action Plan for 2015/16’ (Minute E.68/14 below refers) specifically in respect of Direct Lets. As this matter did not arise during the discussion, Cllr Gilbert remained in the meeting and took part in the debate and vote thereon.
E.68/14 PRIORITY ACTION PLAN FOR 2015/16
Members were asked to consider a report that sought formal approval of a list of priority actions for 2015-16 as an interim measure for 2015- 16 whilst Our Plan and the supporting Annual Delivery Plan were developed, the latter being the Council’s corporate plan and part of the ‘Our Plan’ strategic approach to the development of both a Local Plan for the area and the Corporate Planning Framework.
The Portfolio Holder for Planning, Economy and Community introduced the report.
There being no questions raised, it was then:
RESOLVED
That the list of actions for 2015-16 as attached to the presented agenda report be approved.
E.69/14 COMMUNITY RE-INVESTMENT PROJECTS FUND 2014/15 GRANT ALLOCATIONS
Members were presented with a report that provided a summary of the applications to the Community Re-investment Projects Fund in 2014/15 and sought approval for allocating grants of over £10,000 to these projects.
The Portfolio Holder for Planning, Economy and Community introduced the report. Members generally welcomed the report and the Portfolio Holder for Corporate and Customer Services particularly welcomed the additional criteria as set out in the presented report.
Executive 05.03.15
The local Ward Member for Stokenham thanked the Executive for agreeing to a previous request in respect of an enhanced footpath within his Ward, and asked that the current request for extension of the footpath be approved.
It was then:
RESOLVED
1. That the following six grants of over £10,000, totalling £136,013, be approved:
• £30,000 to Malborough Village Hall & Playing Fields Association and Malborough Parish Council towards replacing the Village Hall roof. • £13,295 to Loddiswell Playing Fields & Village Hall Trust for tarmacing the Playing Field car park area. • £12,506 to Stokenham Parish Council towards footpath surface and drainage improvements between Carehouse Cross and Torcross (to complete improvements between Chillington and Torcross). • £27,225 to Totnes Development Trust towards improvements to the Shady Garden (creation of an improved public space through installation of paving, seating and street furniture). • £26,166 to Dartington Village Hall Association towards disabled access alterations and a toilet block and committee room extension. • £26,821 to Totnes Town Council for Civic Hall regeneration (purchase and installation of sound system and sound insulation and refurbishment of backstage stairs and landing).
2. That an addition to the eligibility criteria to the Community Re-investment Projects Fund to take effect from 1 April 2015, as per the red italicised text in the attached Guidance Notes (Appendix B of the presented agenda report refers), be approved.
E.70/14 REVENUE BUDGET MONITORING 2014/15
Members were presented with a report that enabled them to monitor income and expenditure variations against the approved budget for 2014/15 and provided a forecast for the year end position.
The Executive Portfolio Holder for Support Services introduced the report and advised Members that this was a routine monitoring report. She drew particular attention to the predicted surplus of £45,000.
Executive 05.03.15
The Executive Portfolio Holder for Environment Services updated Members on the potential impact on the Council of recent developments in the recycled materials market. One of three organisations across the UK who buy recycled paper and card had unexpectedly gone into administration. South Hams District Council had a contract in place and material would still be collected, however the income from material would reduce from £37 per tonne to £5 per tonne. However, the Council’s recycling rate would remain unaffected and the recycling credits would continue to be paid. He concluded by advising that the situation would continue to be monitored.
In response to a question relating to anticipated savings not being realised in respect of seasonal closure of public conveniences, a Member was advised that in the medium term there would be a better financial gain as more parish councils than expected had elected to have the public conveniences transferred to them as an asset.
It was then:
RESOLVED
That the forecast income and expenditure variations for the 2014/15 financial year be noted.
E.71/14 T18 BUDGET MONITORING REPORT
Members were presented with a report that advised of the progress of the T18 Transformation Programme.
The Executive Director Strategy and Commissioning (Head of Paid Service) introduced the report and took Members through the key areas. The Finance COP Lead explained the detail around Section 3 of the presented report and the reason for the second recommendation. It was also confirmed that this was not a request for additional funding.
During discussion, the following points were raised:
° In response to a question, Members were advised that customer insight information looked at population density and needs. It was accepted that not all residents would use IT but the Transformation Programme was about giving them a choice of options; ° A number of Members felt that the term ‘channel shift’ may need further explanation. In response, they were advised that this was an understood term within local government but it was an internal term. Members asked that attention be paid to language used and that communication was clear; ° One Member asked that IT approaches must be user friendly if residents were to be encouraged to use them; ° A Member reminded that the Council would be using Locality Officers to provide off site face to face communication;
Executive 05.03.15
° The Leader advised that, at an awards evening the previous day, the Council had jointly with West Devon Borough Council received a gold award for Delivery through Efficiency and a silver award for Council of the Year. He added that this was to the credit of staff and Members and they should be thanked for supporting the Programme.
It was then:
RESOLVED
a) That progress on the Transformation Programme to date be noted; and b) That the s151 Officer, in consultation with the Executive Director Strategy and Commissioning (Head of Paid Service) and the Leader be delegated authority to determine the appropriate financing requirement from the Council’s Earmarked Reserves in 2014/5, to fund the year end accounting provision for the Transformation Programme as set out in section 3 of the presented agenda report.
E.72/14 TREASURY MANAGEMENT AND ANNUAL INVESTMENT STRATEGY FOR 2015/16
Members were presented with a report that sought approval of the proposed Treasury Management and Investment Strategies together with their associated prudential indicators.
The Executive Portfolio Holder for Support Services introduced the report and the s151 Officer added that work was being undertaken to advise residents of the change in bank account details of the Council. In response to questions she confirmed that no financial allowance needed to be made for non receipt of payments due to the change. However, two temporary agency staff were being taken on for a two- three month period in the Customer Services Team to handle any additional calls from the change of bank details and the forthcoming election.
Executive 05.03.15
It was then:
RESOLVED
That Council be RECOMMENDED to approve:
1. the prudential indicators and limits for 2015/16 to 2017/18 (as contained within Appendix A of the presented agenda report); 2. the Treasury Management Strategy 2015/16 and the treasury prudential indicators 2015/16 to 2017/18 contained within Appendix B of the presented agenda report; and 3. The Investment Strategy 2015/16 (Appendix C of the presented agenda report refers) and the detailed criteria included in Appendix D of the presented agenda report.
E.73/14 COUNCIL TAX DISCRETIONARY DISCOUNT AND REDUCTION POLICY
Members considered a report that presented a new policy which incorporated the existing discretionary powers with the Exceptional Hardship Fund which specifically provided additional support to customers in receipt of Council Tax Reduction.
The Executive Portfolio Holder for Corporate and Customer Services introduced the report and explained that the purpose was to bring two applications for assistance with council tax together within one set of financial assessment criteria.
One Member looked for an assurance that remaining monies had not arisen due to overly strict adherence to criteria. In response, it was confirmed that any remaining monies could be carried over and a degree of flexibility was employed with applications. Members then discussed how best to make customers aware that the Fund existed for those in need.
It was then:
RESOLVED
That Council be RECOMMENDED that the Council Tax Discretionary Discount and Reduction Policy be approved.
E.74/14 DARTMOUTH LOWER FERRY UPDATE
Members considered a report that considered the recommendations for the future of the service based on review work recently undertaken to health check the service and identify methods for improving its success.
Executive 05.03.15
The Lead Executive Member for Environmental Health and Housing introduced the report on behalf of the Lead Executive Member for Assets, and advised Members of the improvements made including: the use of plastic cards rather than paper tickets, rebranded concessionary tickets, fleet cards for businesses, guest cards for hotels and a new leaflet for tourist offices. He also advised that a customer survey had been undertaken and the feedback highlighted the necessity for a proper business appraisal of the service.
One Member reiterated that a root and branch appraisal of the service was important.
A local Ward Member reminded Members that the service did make a profit for the Council. It was not a statutory service but was a front line service with excellent staff. In his opinion, a manager on site was needed to respond to issues and he hoped that this would form part of the appraisal. He concluded by stating that any goodwill from Higher Ferry customers who used the service whilst the Higher Ferry was off service had been lost, as immediately it returned then the Lower Ferry reduced to one float resulting in queues to use it. Another local Ward Member stated that many years ago an agreement had been reached whereby if ever the Lower Ferry was considered for sale then it should be offered to the staff that operated it.
One Member wanted to be convinced that the rest of the South Hams was not subsidising Dartmouth through the provision of the Lower Ferry.
Another Member stated that he would be totally opposed to selling off the Lower Ferry and he could not think of anything worse for local communities. If privatised, his fear was that the service would finish at 7pm. The Council had a responsibility to communities and Members should perhaps question the amount allocated to support services for the re-charge to the Ferry. Finally, any options appraisal should not be based on the last 12 months and should take a longer term view.
In response to the final point, the Commercial Services Group Manager confirmed that the options appraisal would be based on a three year profile.
It was then:
RESOLVED
1. That progress in relation to improvements and efficiencies delivered by the Property Services Manager over the last two years be noted; and 2. That a full Options Assessment on the Lower Ferry Service to ensure a preferred option for the Lower Ferry business is identified by autumn 2015 at a cost of up to £7,500 to be funded from the Land and Development Reserve, be agreed.
Executive 05.03.15
E.75/14 REPORTS OF OTHER BODIES
RESOLVED
That the following be received and that any recommendations contained therein be approved:
a) Community Life and Housing Scrutiny Panel – 5 February 2015
i) CLH.33/14 NEW HOMES BONUS ALLOCATION TO DARTMOOR NATIONAL PARK AUTHORITY
RESOLVED
That the status quo be retained in relation to the process adopted for the future allocation of funds.
b) Corporate Performance and Resources Scrutiny Panel – 19 February 2015
(NOTE: THESE DECISIONS, WITH THE EXCEPTION OF MINUTE E.72/14 and E.73/14 WHICH ARE RECOMMENDATIONS TO THE COUNCIL MEETING TO BE HELD ON 21 MAY 2015, WILL BECOME EFFECTIVE FROM 5.00PM ON MONDAY 16 MARCH 2015 UNLESS CALLED IN, IN ACCORDANCE WITH SCRUTINY PROCEDURE RULE 18).
(Meeting commenced at 10.00 am and concluded at 11.15 am)
______Chairman
Audit 12.3.15
MINUTES OF A MEETING OF THE AUDIT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY 12 MARCH 2015
Members in attendance * Denotes attendance Ø Denotes apology for absence
* Cllr I Bramble * Cllr L P Jones * Cllr C G Bruce-Spencer * Cllr J T Pennington (Chairman) (Vice Chairman) Ø Cllr A S Gorman
Members in attendance and participating
Cllrs H D Bastone, P W Hitchins and L A H Ward
Members in attendance and not participating
None
Item No Minute Officers and Visitors in attendance Ref No below refers All Group Manager – Support Services, S151 Officer, Items Head of Devon Audit Partnership, Monitoring Officer, Democratic Services Manager, Specialist Auditor, Grant Thornton Audit Manager and Grant Thornton Engagement Lead
A.30/14 MINUTES
The minutes of the meeting held on 8 January 2015 were confirmed as a correct record and signed by the Chairman.
A.31/14 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.
A.32/14 AUDIT COMMITTEE UPDATE – REPORT OF GRANT THORNTON
The Committee was presented with a report from Grant Thornton that provided it with a report on progress in delivering on its responsibilities and also included:-
- a summary of emerging national issues and developments that could be relevant to the Council; and
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Audit 12.3.15
- a number of challenging questions in respect of those emerging issues which the Committee may wish to consider.
In discussion, reference was made to:-
(a) the Grant Thornton publications. The Grant Thornton representatives highlighted the importance of these publications and advised that copies were available for the Committee and the wider Council membership. The representatives also highlighted the comments contained whereby district councils were responding better to the financial climate in comparison to county councils and single tier authorities;
(b) the Kerslake report on Birmingham City Council. The Committee requested that the S151 Officer present a report back to its next meeting on the potential implications for the Council arising from this report;
(c) the Local Government governance review 2015. Members noted that 43% of those surveyed felt that scrutiny committees were not challenging enough about the way authorities conducted their business;
(d) police and crime commissioners. The Committee had sympathy with 49% of those surveyed who felt that the transition to police and crime commissioners had not had a positive impact on local partnership working arrangements.
It was then:
RESOLVED
That the report be noted.
A.33/14 THE AUDIT PLAN FOR SOUTH HAMS DISTRICT COUNCIL
The Committee considered Grant Thornton’s report that presented the Audit Plan for the Council.
In discussion, the following points were raised:-
(a) Grant Thornton representatives emphasised the significant risk that they had identified in relation to the redundancy provision at 31 March 2015 being understated. The representatives proceeded to inform that they had held detailed discussions with officers on this matter. In so doing, the representatives wished to pay testament to the officers, who had been honest, open and transparent during these deliberations and had entered into early planning discussions with the external auditors on this matter;
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Audit 12.3.15
(b) In respect of the payroll authority list recommendation, it was confirmed that responsibility for this action should be attributed to the Case Management Team Leader. . It was then:
RESOLVED
That the report be noted.
A.34/14 CERTIFICATION WORK FOR SOUTH HAMS DISTRICT COUNCIL FOR YEAR ENDED 31 MARCH 2014
A paper was presented that considered the certification work for 31 March 2014, as published by Grant Thornton.
It was then:
RESOLVED
That the report be noted.
A.35/14 INTERNAL AUDIT – REVISION OF AND PROGRESS AGAINST THE 2014/15 PLAN
The Committee considered a report that informed Members of the principal activities and findings of the Council’s Internal Audit team for 2014/15 to the end of January 2015 by:-
- providing a summary of the main issues raised by completed individual audits; and - showing the progress made by Internal Audit against the 2014/15 annual internal audit plan, as approved by the Committee in April 2014.
In discussion, reference was made to:-
(a) the transitional period of T18. In recognising the inevitable impact of the transitional period on the Council, Members hoped that this could be kept to an absolute minimum;
(b) measures currently being considered to reduce the levels of Housing Benefit debtors;
(c) the counter fraud audit. Since they were considered to be quick wins by the Committee, Members questioned why the issues identified during this audit were not being reviewed before the new financial year.
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Audit 12.3.15
It was then:
RESOLVED
That progress made against the 2014/15 internal audit plan and the identified key issues arising be noted.
A.36/14 THREE YEAR INTERNAL AUDIT PLAN 2015/16 TO 2017/18 AND ANNUAL INTERNAL AUDIT PLAN – 2015/16
A report was considered that provided Members with the opportunity to review and comment upon the proposed internal audit plan for the coming three years (2015/16 to 2017/18) and the proposed annual internal audit plan for 2015/16.
In discussion, the following points were raised:-
(a) The Committee was advised that the purpose of the Plan was to provide a framework within which the service operated and it was acknowledged that the Plan would evolve;
(b) As an update, officers informed that there was an error on paragraph 2.4 of the presented agenda report. It was noted that the report should state that the internal audit resource had been reduced from around 377 days per year to around 345 days;
(c) In light of a number of Member frustrations regarding ‘Development Control – Enforcement’, the Committee concluded that the priority of this audit should be increased from ‘low’ to ‘medium’.
It was then:
RESOLVED
1. That the content of the three-year Internal Audit Plan for the period 2015/16 to 2017/18 (Appendix A of the presented agenda report refers) be endorsed, subject to re-classification of the ‘Development Control – Enforcement’ audit from ‘low’ to ‘medium’; and
2. That the content of the Annual Internal Audit Plan for 2015/16 (Appendix C of the presented agenda report refers) be endorsed.
A.37/14 INTERNAL AUDIT: CHARTER AND STRATEGY – 2015/16
A report was considered that provided the opportunity for the Committee to review and comment upon the Internal Audit Charter and Strategy for 2015/16.
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Audit 12.3.15
In discussion, reference was made to:-
(a) the quality, experience and morale of officers involved in the system. The Committee emphasised that this was a fundamental issue for the Council to address at this current time. In reply, the Group Manager – Support Services informed that the new Senior Leadership Team was fully aware of this point and had already begun to put measures in place to keep the period of uncertainty to an absolute minimum;
(b) the importance of the Internal Audit service being able to have direct access and freedom to report in their own name and without fear or favour to all officers and Members was stressed;
(c) continual professional development. The Committee welcomed the comments whereby time would be allowed within the annual audit plan to allow internal audit staff to receive relevant training. A Member questioned whether there were any capacity issues within the Internal Audit team as a consequence of the Transformation Programme. In response, the S151 Officer informed that the current staffing levels were deemed appropriate and were consistent with the service blueprinting exercise which had been undertaken at the start of the Programme.
(d) the work and attitudes demonstrated by Support Services staff. To their great credit, the lead Executive Member for Support Services highlighted the excellent work and attitudes which had been demonstrated by those staff within her service area, who had risen to the challenge in what had been difficult circumstances.
It was then:
RESOLVED
That the Internal Audit Charter and Strategy 2015/16 has been reviewed and consequently be approved.
A.38/14 ANNUAL REVIEW OF THE COUNCIL’S CONSTITUTION
The Committee considered a report that presented the annual review of the Council’s Constitution.
In light of the revised governance arrangements, Members noted that there would be no need for the Programming Panel to be convened in the 2015/16 Municipal Year.
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Audit 12.3.15
It was then:
RECOMMENDED
That the Council be RECOMMENDED that the amendments to the Council Constitution 2015 (as summarised in paragraph 2.2 of the presented agenda report and fully outlined on the website) be approved.
A.39/14 UPDATE ON INDICATORS FROM THE AUDIT COMMISSION’S VALUE FOR MONEY PROFILE TOOL
Consideration was given to a report that updated Members on the latest indicators available from the Audit Commission’s Value for Money Profile Tool.
It was then:
RESOLVED
That the report be noted.
A.40/14 CHAIRMAN’S CONCLUDING REMARKS
As this was the last scheduled Committee meeting of the 2014/15 Municipal Year, and the local elections would have taken place before the Committee was to meet again, the Chairman wished to thank all Members and officers for their respective contributions. In addition, the Chairman commented that, through collective working, the Committee had achieved plenty during the four year term of this Council.
(Meeting commenced at 10.00 am and finished at 11.25 am)
______Chairman
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Dev Management 18.03.15
MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 18 MARCH 2015
Members in attendance * Denotes attendance Ø Denotes apology for absence Ø Cllr H D Bastone * Cllr T R Holway * Cllr J Brazil * Cllr J A Pearce * Cllr P K Cuthbert * Cllr J T Pennington * Cllr R J Foss (Vice Chairman) (am only) * Cllr J W Squire * Cllr P W Hitchins * Cllr R C Steer (Chairman) * Cllr J M Hodgson * Cllr S A E Wright
Other Members in attendance Cllrs Baldry, Cane, Coulson, Hicks and Tucker
Item No Minute Ref or App. No. Officers in attendance and below refers participating All agenda Development Manager, Planning Officers, items Solicitor and Member Services Manager 15/1820/14/F Environment Agency Officers
DM.61/14 MINUTES
The minutes of the meeting of the Committee held on 18 February 2015 were confirmed as a correct record and signed by the Chairman.
DM.62/14 URGENT BUSINESS
The Chairman reminded Members that applications 11/0042/14/F, 11/0043/14/F, 11/0044/14/F and 11/0045/14/F, which all related to the erection of agricultural buildings at SX 707 456, Bantham Cross, Churchstow, Kingsbridge, had been withdrawn from this agenda and would be presented to a later meeting of the Development Management Committee.
DM.63/14 DECLARATIONS OF INTEREST
Members and officers were invited to declare any interests in the items of business to be considered but none were made.
DM.64/14 PUBLIC PARTICIPATION
The Chairman proceeded to announce that the following members of the public had registered their wish to speak at the meeting:-
Dev Management 18.03.15
• 37/2600/14/F : Supporter – Ms Laura Wilkinson: Erection of dwelling with ancillary studio and garage to replace existing garage/ancillary living accommodation – The cottage, 97 Court Road, Newton Ferrers; • 07/2599/14/F : Supporter – Mr Alan Staddon: Part retrospective change of use of existing agricultural building for the storage and repair and maintenance of agricultural and commercial vehicles. Erection of extension for the storage of vehicles and materials and the creation of a compound to accommodate the parking of vehicles in association with the use of the existing and proposed buildings – Land adj. to Wembury Road, Polston Park, Plymstock, Plymouth; • 56/0056/15/CU : Objector – Mrs Janet Forester: Supporter – Mr David Birch: Change of use from retail (A1) to café (A3) – 74 Fore Street, Totnes; • 34/2590/14/F : Supporter – Mrs Pam Wilcox: Conversion of agricultural building to use as tea room (A3 class) – Marldon Christmas Tree Farm, The North Pole, Westerland, Marldon, Paignton; • 15/1820/14/F : Supporter – Mr Richard Webb: Extension and change of use from B8 use to C3 to create residential dwelling and garage – 2 Coles Court, Dartmouth.
DM.65/14 SITE INSPECTIONS
Report of the Site Inspection Group held on 9 March 2015 i) 37/2600/14/F : Erection of dwelling with ancillary studio and garage to replace existing garage/ancillary living accommodation – The Cottage, 97 Court Road, Newton Ferrers.
The Case Officer advised the Committee that there were no further updates. The neighbouring Ward Member asked Members to consider that the building would take place on green space within the AONB, would be visible from the other side of the estuary and from the water, would be overbearing and unsuitable and the proposed building up against the footpath would convert the footpath into an alley.
It was then PROPOSED , SECONDED and on being put to the vote declared CARRIED :
“That application 37/2600/14/F be conditionally approved”
ii) 07/2599/14/F : Part retrospective change of use of existing agricultural building for the storage and repair and maintenance of agricultural and commercial vehicles. Erection of extension for the storage of vehicles and materials and the creation of a compound to accommodate the parking of vehicles in association with these of the existing and proposed buildings – Land adj. to Wembury Road, Polston Park, Plymstock.
The Case Officer introduced the application and advised that 11 late letters of support had been received. She went on to outline the detail of the application and used a number of photographs and plans of the site. The enforcement history on the wider site was mentioned.
Dev Management 18.03.15
The issues to consider were the principle of development, the visual impact and the highway safety. Permission for the agricultural building had been granted in 2007, there was no justification for a move away from agricultural use and no evidence that alternative sites had been considered. In terms of visual impact, there were limited public views and the Highways Authority had objected on the grounds of there being insufficient visibility and it being an unsustainable location. The Case Officer responded to a number of specific queries and then concluded her presentation by confirming that the application was recommended for refusal.
One local Ward Member reminded the Committee that the groundworks business which operated from this site employed 8 local people. In terms of concerns about the access, it would be possible to move it further along the lane to a position of land that was within the same ownership. The site would be tidied up as part of the application and screening could be incorporated. He asked that the Committee support the application.
The other local Ward Member was not unsympathetic to the application but he had different views in respect of the access and supported the Highways Officer view that visibility was an issue and he felt the access on to the road could be dangerous. He asked the Committee to consider if the application should override the planning policies that applied in this case.
One Member quoted a number of policies that supported the application and he proposed conditional approval of the application. The Development Manager gave further advice in respect of the activities on site and whether the repair and storage activities would prejudice the agricultural activity would need to be considered.
A number of Members were minded to support the application, particularly as the application included tidying up of the site. There was a wish to support enterprises. However, there were also concerns about highway safety and introducing a commercial operation into an agricultural area.
Members discussed the matter of disposal of waste and the Case Officer confirmed that statutory regulations would be used to monitor this activity. Members also discussed whether to allow commercial vehicle activity or restrict to agricultural activity. The phrasing of the application was not specific enough for Members to be clear about what should be approved.
Following a lengthy discussion on each of the recommended reasons for refusal, it was then PROPOSED , SECONDED and on being put to the vote declared LOST :
“That application 07/2599/14/F be conditionally approved”
It was then PROPOSED , SECONDED , but subsequently withdrawn:
Dev Management 18.03.15
“That application 07/2599/14/F be refused, only in respect of recommendation 2 of the presented report that ‘The proposed development would likely result in an increase in the volume of traffic entering and leaving the Class C County Road through an access which does not provide adequate visibility from and of emerging vehicles, contrary to paragraph 32 of the National Planning Policy Framework’”
It was then PROPOSED , SECONDED and on being put to the vote declared CARRIED :
“That application 07/2599/14/F be refused in line with the officer recommendation as set out in the presented agenda report”
DM.66/14 PLANNING APPLICATIONS
The Planning Case Officers submitted details of the planning applications as presented in the agenda papers.
During discussion of the planning applications, the following motions (which were in contradiction to the planning officer recommendation in the published agenda report), were PROPOSED and SECONDED and on being put to the vote were either CARRIED or LOST :-
a) In respect of application 15/1820/14/F : Extension and change of use from B8 use to C3 to create residential dwelling and garage – 2 Coles Court, Dartmouth, the Case Officer began the presentation with a map and photographs of the site. The main issue to consider was the flood risk, and a plan of flood zones was produced. In addition, appropriate paragraphs of the NPPF were quoted. The Case Officer concluded that the application should be refused in line with the recommendations contained within the presented report.
The Environment Agency representative outlined the statistics that supported their recommendation for refusal of the application and advised Members that there was a responsibility to take future sea level rises into account when profiling flood risk areas.
A local Ward Member asked that the Committee apply common sense as this particular part of Dartmouth had never previously flooded and the applicant was mitigating the risk by ensuring the living accommodation was on the first floor. He asked that the Committee support the application.
During discussion, some Members felt that the application would improve the site and the design features to mitigate the flood risk were imaginative. Also, any flood would be tidal so there would not be lasting damage and the property was not in an isolated position. However other Members were concerned at potentially voting against the advice of the Environment Agency, a statutory consultee.
Dev Management 18.03.15
The Development Manager advised that if Members felt that the application provided benefits to the wider community by improving the look of the site within a Conservation Area, and they were minded to approve the application, then conditions could be applied such as the requirement for a site specific flood risk assessment.
Members then concluded the debate by agreeing that authority to approve the application should be delegated to the Development Manager in consultation with the Chairman of the Committee, providing satisfactory confirmation was received from the Emergency Planners that the application was acceptable. The reasons for approval included the benefits to community interest whilst recognising the flood risk.
The following motion was then PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
“That conditional approval of application 15/1820/14/F be delegated to the Development Manager in consultation with the Chairman of Development Management Committee pending further consultation with the Emergency Planners and Environment Agency”.
Conditions: 1. Time Limit 2. Accord with Plans 3. Materials schedule 4. Exclude Permitted Development Rights 5. No living accommodation on ground floor 6. Flood risk mitigation 7. Privacy screen to terrace
DM.67/14 PLANNING APPEALS UPDATE
The Development Manager updated Members on the detail of the recently dismissed appeals. Members also received an update on a recent High Court decision to refuse permission for a Judicial Review of a previous Committee decision to grant planning permission. The Solicitor concluded that the Council was receiving more challenges to decisions but they would be met with a robust defence where possible.
(Meeting commenced at 10.00 am and concluded at 4:05 pm)
______Chairman
Dev Management 18.03.15
Voting Analysis for Planning Applications – DM Committee 18 March 2015 Application No: Site Address Vote Councillors who Voted Councillors who Voted No Councillors who Absent Yes Voted Abstain 37/2600/14/F The Cottage, 97 Court To Approve Cllrs Holway, Wright, Pearce, Cllr Hodgson (1) Cllrs Brazil, Cllr Bastone (1) Road, Newton Ferrers Hitchins, Pen nington, Squire, Steer, Cuthbert (2) Foss (8) 07/2599/14/F Land adj. Wembury Road, To Approve Cllrs Hitchins, Pennington (2) Cllrs Hodgson, Brazil, Holway, (0) Cllr Bastone (1) Polston Park, Plymouth Wright, Cuthbert, Pearce, Squire, Steer, Foss (9) 07/2599/14/F Land adj. Wembury Road, To Refuse Cllrs Hodgson, Brazil, Holway, Cllr Pennington (1) Cllr Hitchins Cllr Bastone (1) Polston Park, Plymouth Wright, Cuthbert, Pearce, Squire, (1) Steer, Foss (9) 56/0056/15/CU 74 Fore Street, Totnes To Approve Cllrs Brazil, Wright, Cuthbert, Cllr Hodgson (1) (0) Cllrs Bastone, Pearce, Hitchins, Pennington, Foss (2) Squire, Steer, Holway (9) 58/3121/14/RM Dev site at SX528492, To Approve Cllrs Hodgson, Brazil, Wright, Cllr Squire (1) Cllr Cllrs Bastone, Leyford Close, Wembury Cuthbert, Pearce, Hitchins, Steer, Pennington Foss (2) Holway (8) (1) 34/2590/14/F Marldon Christmas Tree Site Cllrs Hodgson, Pennington, Squire Cllrs Brazil, Holway, Wright, Cllrs Cllrs Bastone, Farm, The North Pole, Inspection (3) Cuthbert, Pearce (5) Hitchins, Foss (2) Westerland, Marldon Steer (2) 34/2590/14/F Marldon Christmas Tree To Approve Cllrs Brazil, Holway, Wright, Cllrs Pennington, Squire (2) Cllr Hitchins (1) Cllrs Bastone, Farm, The North Pole, Cuthbert, Pearce, Steer, Hodgson Foss (2) Westerland, Marldon (7) 15/1820/14/F 2 Coles Court, Dartmouth To Approve Cllrs Wright, Cuthbert, Pennington, (0) Cllrs Brazil, Cllrs Bastone, Squire, Hodgson, Holway, Pearce, Steer (2) Foss (2) Hitchins (8)
Dev Management 18.03.15
15/0373/15/VAR Dartmouth Community To Approve Cllrs Hitchins, Pearce, Holway, (0) (0) Cllrs Bastone, Leisure Centre, Wessex Brazil, Hodgson, Steer, Wright, Foss (2) Way, Dartmouth Cuthbert, Pennington, Squire (10)
Dev Management 18.03.15
APPENDIX A
56/0056/15/CU
Change of use from retail (A1) to cafe (A3) - 74 Fore Street, Totnes TQ9 5RU - Mr D Birch
Totnes Town Council Town Council’s Views – Objection on the grounds that the premises should remain as retail site, that there are already 7 or 8 other cafes in close proximity and in a small area, and that in order to support the vitality of the town it was important to retain a mix of tenure.
Also, request that SHDC provides guidelines on a reasonable mix of A1/A3 density.
Officer Update – None
Recommendation – Conditional approval
Recommended Conditions 1. Time limit 2. Accord with plans
Committee Decision – Conditional approval
58/3121/14/RM Approval of reserved matters of details on appearance, landscaping, layout and scale in relation to plots 16 and 37 (revised proposal following reserved matters approval 58/1267/14/RM) - Development Site at SX528492, Leyford Close, Wembury - Taylor Wimpey Exeter
Wembury Parish Council Parish Council’s Views – Objection – The changes to the housing type does not appear to change the overlooking and overbearing nature of the new dwelling to the existing adjacent bungalows. There appears to be some confusion about this application. It was understood that additional drawings would be issued as the original ones issued appear inaccurate.
Officer Update – Members were advised orally that one additional letter of representation had been received Recommendation – Conditional approval
Recommended Conditions • Reiteration of outline and previous reserved matters conditions • In accordance with plans • Samples of materials.
Committee Decision – Conditional approval
Dev Management 18.03.15
34/2590/14/F Conversion of timber office and amenity/WC building to use as tea room (A3 class) - Marldon Christmas Tree Farm The North Pole, Westerland, Marldon, Paignton, TQ3 1RR - Ms S Lynes
Marldon Parish Council
Parish Council Views – No objection.
Officer Update - Members were advised orally that SHDC drainage had commented raising no objections subject to conditions. Members were also advised that recommended condition 5 was an error, as the application was for year-round use. Recommendation was made to remove that condition.
Recommendation – Conditional approval
Recommended Conditions 1. Time Limit for commencement 2. In accordance with plans 3. Details of sewage disposal to be submitted 4. Percolation tests and trial holes to be agreed 5. The use shall not be open for customers outside of the months of November or December.
Committee Decision – Conditional Approval without condition 5
15/1820/14/F Extension and change of use from B8 use to C3 to create residential dwelling and garage - 2 Coles Court, Dartmouth, TQ6 9BW - Mr & Mrs R Webb
Dartmouth Town Council
Town Council Views – Recommend approval
Officer Update - None
Recommendation – Refusal
Committee Decision – Conditional approval delegated to Development Manager pending further consultation with Emergency Planners and Environment Agency.
Conditions 8. Time Limit 9. Accord with Plans 10. Materials schedule 11. Exclude Permitted Development Rights 12. No living accommodation on ground floor 13. Flood risk mitigation 14. Privacy screen to terrace
Dev Management 18.03.15
15/0373/15/VAR Variation of condition 2 (approved drawings) for planning approval 15/1697/14/DC (reduction in size of new build and update in roof profile) - Dartmouth Community Leisure Centre, Wessex Way, Dartmouth, TQ6 0JL - Dartmouth & District Indoor Pool Trust
Dartmouth Town Council
Town Council Views – views awaited and will be reported orally at the Committee meeting (Note: recommended approval in response to the 2014 application).
Officer Update - Town Council recommend approval. No objection from other consultees.
Recommendation – Conditional Approval
Recommended Conditions 1. Statutory time limit 2. Accord with plans 3. Pedestrian link between site and adjoining food store. 4. No external lighting without approval. 5. Hard and soft landscape submission and implementation. 6. No mechanical ventilation without prior approval. 7. Removal of permitted development for the erection of enclosures. 8. Unsuspected contamination. 9. No storage of external materials unless agreed with the LPA. 10. External materials. 11. Cycle racks. 12. Provision of parking prior to the building being brought into use. 13. Surface water testing. 14. Construction Management Plan
Committee Decision – Conditional Approval
Dev Management 15.04.15
MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 15 APRIL 2015
Members in attendance * Denotes attendance Ø Denotes apology for absence Ø Cllr H D Bastone * Cllr T R Holway Ø Cllr J Brazil * Cllr J A Pearce * Cllr P K Cuthbert * Cllr J T Pennington * Cllr R J Foss (Vice Chairman) * Cllr J W Squire * Cllr P W Hitchins * Cllr R C Steer (Chairman) * Cllr J M Hodgson Ø Cllr S A E Wright
Other Members in attendance Cllrs Hawkins, Hicks, Smerdon and Tucker
Item No Minute Ref or App. No. Officers in attendance and below refers participating All agenda Development Manager, Planning Officers, items Solicitor and Member Services Manager
DM.68/14 MINUTES
The minutes of the meeting of the Committee held on 18 March 2015 were confirmed as a correct record and signed by the Chairman.
In addition, the Chairman advised that there had been a typographical error in the voting analysis section of the published minutes of 18 February 2015 and that the appropriate correction had now been made and a revised version would be attached to the minutes of this meeting and uploaded on to the Council website.
DM.69/14 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 Squire declared a personal interest in application 07/2752/14/VAR : Variation of conditions (b) and (c) and removal of condition (d) of planning consent 07/0294/83/4 to allow all year occupation, lengthen times to stay on site to 6 months and to allow all year use to include on- site warden/security by virtue of the applicant being his fellow district ward councillor for Brixton and Wembury. He remained in the meeting and took part in the debate and vote thereon; • Cllrs Cuthbert, Foss, Hitchins, Holway, Pearce, Pennington and Steer all declared a personal interest in application 07/2752/14/VAR : Variation of conditions (b) and (c) and removal of condition (d) of planning consent 07/0294/83/4 to allow all year occupation, lengthen times to stay on site to 6 months and to allow all year use to include on-site warden/security by virtue of the applicant being a fellow Conservative Group Member on the Council. They each remained in the meeting and took part in the debate and vote thereon. - 79 -
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DM.70/14 PUBLIC PARTICIPATION
The Chairman proceeded to announce that the following members of the public had registered their wish to speak at the meeting:-
• 30/1799/14/F : Objector – Mr William Searle: Supporter – Mr Paul Brenton: Erection of 2 no. flats with garages and parking – Plot to rear of Inglewood Cottages Higher Contour Road, Kingswear; • 15/0138/15/F : Objector – Mr Les Barnes: Supporter – Mr Simon French: Demolish existing garages and reform as three garages with a loft apartment above – Garages adjacent to 3 Sandquay Road, Dartmouth; • 21_27/2754/14/VAR : Supporter – Mr Andrew Ayles: Town Council Representative – Cllr Elizabeth Silsbury: Variation of condition 2 of approval 21/2161/04/F to allow increase in the total floorspace devoted to the sale of certain goods – Endsleigh Garden Centre, Endsleigh, Ivybridge.
DM.71/14 SITE INSPECTIONS
There were no site inspections to report.
DM.72/14 PLANNING APPLICATIONS
The Planning Case Officers submitted details of the planning applications as presented in the agenda papers.
During discussion of the planning applications, the following motions (which were in contradiction to the planning officer recommendation in the published agenda report), were PROPOSED and SECONDED and on being put to the vote were either CARRIED or LOST :-
a) In respect of application 07/2752/14/VAR : Variation of conditions (b) and (c) and removal of condition (d) of planning consent 07/0294/83/4 to allow all year occupation, lengthen times to stay on site to 6 months and to allow all year use to include on-site warden/security – Brixton Caravan and Camping Site, Steer Point road, Brixton, Plymouth, the following motion was PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
“That a site inspection be held”
b) In respect of application 30/1799/14/F : Erection of 2no. flats with garages and parking – Plot to rear of Inglewood Cottages, Higher Contour Road, Kingswear, the following motion was PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
“That a site inspection be held”
c) In respect of application 15/0138/15/F : Demolish existing garages and reform as three garages with a loft apartment above – Garages adjacent to 3 Sandquay Road, Dartmouth, the following motion was
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PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
“That a site inspection be held”
d) In respect of application 21_27/2754/14/VAR : Variation of condition 2 of approval 21/2161/04/F to allow increase in the total floorspace devoted to the sale of certain goods – Endsleigh Garden Centre, Endsleigh, Ivybridge, the following motion was PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
“That a site inspection be held”
DM.73/14 PLANNING APPEALS UPDATE
The Development Manager updated Members on the detail of the recently dismissed appeals.
(Meeting commenced at 2.00 pm and concluded at 4:05 pm)
______Chairman
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Voting Analysis for Planning Applications – DM Committee 15 April 2015 Application No: Site Address Vote Councillors who Voted Councillors who Voted No Councillors who Absent Yes Voted Abstain 07/2752/14/VAR Brixton Caravan and Site Cllrs Squire, Pennington, Hitchins, Cllrs Pearce, Cuthbert, Foss, (0) Cllr Bastone, Camping Site, Steer Point Inspection Holway, Hodgson (5) Steer (4) Brazil, Wright (3) Road, Brixton 30/1799/14/F Inglewood Cottages, Site Cllrs Squire, Hitchins, Holway, Cllrs Pearce, Steer, Foss (3) Cllr Cllr Bastone, Higher Contour Road, Inspection Hodgson, Cuthbert (5) Pennington Brazil, Wright (3) Kingswear (1) 15/0138/15/F Garages adj to 3 Site Cllrs Squire, Pennington, Hitchins, Cllrs Steer, Foss (2) (0) Cllr Bastone, Sandquay Road, Inspection Pearce, Cuthbert, Holway, Hodgson Brazil, Wright (3) Dartmouth (7) 21_27/2754/14/ Endsleigh Garden Centre, Site Cllrs Squire, Pennington, Hitchins, Pearce (1) (0) Cllr Bastone, VAR Endsleigh, Ivybridge Inspection Cuthbert, Holway, Hodgson, Steer, Brazil, Wright (3) Foss (8)
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APPENDIX A
07/2752/14/VAR Variation of conditions (b) and (c) and removal of condition (d) of planning consent 07/0294/83/4 to allow all year occupation, lengthen times to stay on site to 6 months and to allow all year use to include on-site warden/security - Brixton Caravan And Camping Site, Steer Point Road, Brixton, Plymouth, PL8 2BN - Mr B Cane
Brixton Parish Council
Parish Council’s Views – Objection
Officer Update – Environmental Health – No objections. Condition 3 should have a 3 month stay duration with no return within 3 months.
Recommendation – Conditional approval
Recommended Conditions 1. Time limit for commencement 2. In accordance with plans 3. Only to be used for holiday/tourist/short term residential visitor purposes and a visitors register to be kept 4. Warden accommodation solely occupied by the site warden and not for holiday accommodation or other residential purposes. 5. No caravan storage to take place at any time. 6. Outside of the period 15 th November to 15 th March only the northern field (as shown on the site plan received on 3/3/2015) shall be used, and for no more than twenty (20) caravans at any one time. 7. Touring caravans only and no statics 8. No pedestrian or vehicle access to the Class I road. 9. Landscaping
Committee Decision – Deferred for Site visit
30/1799/14/F Erection of 2no. flats with garages and parking - Plot to rear of Inglewood Cottages, Higher Contour Road, Kingswear, TQ6 0AT - East Devon Estates Ltd
Kingswear Parish Council
Parish Council’s Views – Objection
Officer Update – None
Recommendation – Conditional Approval
Recommended Conditions 1. Time limit 2. Accord with plans 3. Final details (to be agreed prior to residential occupation of Flat 1) and obscure glazing to windows to NE1, NE2, SW1 and SW2 - 83 -
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4. Details of privacy screen, to be installed prior to residential occupation of Flat 1 5. Fence to be installed prior to residential occupation of Flat 2 6. Timing of works outside bird nesting season 7. Development in accordance with Ecological Appraisal 8. Works in accordance with agreed Arboricultural Impact Assessment and Arboricultural Method Statement 9. Submission of and implementation of landscape scheme 10. Unsuspected contamination
Committee Decision – Deferred for Site visit
15/0138/15/F Demolish existing garages and reform as three garages with a loft apartment above - Garages adjacent to 3 Sandquay Road, Dartmouth - Mr Clements & Mrs Giles
Dartmouth Town Council
Town Council Views – Recommend refusal
Officer Update - None
Recommendation – Conditional Approval
Recommended Conditions 1. Standard Time Limit 2. Accord with Plans 3. Unsuspected Contamination 4. Universal Contaminated Land 5. Verification Report (Contamination) 6. Materials (including timber finish and natural slate) 7. Drainage 8. Garage Doors 9. Natural Stonework
Committee Decision – Deferred for Site visit
21_27/2754/14/VAR Variation of condition 2 of approval 21/2161/04/F to allow increase in the total floorspace devoted to the sale of certain goods - Endsleigh Garden Centre, Endsleigh, Ivybridge, PL21 9JL - Endsleigh Garden Centre
Ermington Parish Council & Ivybridge Town Council
Parish & Town Council’s Views – Objection (both)
Officer Update - None
Recommendation – Conditional Approval
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Recommended Conditions 1. Standard Time Limit 2. Accord with Plans 3. Replication of Previous Planning Conditions (21/2161/04/F) Extra condition 4. Revise conditions where they refer to floorspace/ use (namely Sch.2 & Sch. 4)
Committee Decision – Deferred for Site visit
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APPENDIX B TO MINUTES OF 15 APRIL 2015 – REVISED MINUTES OF 18 FEB 2015
MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 18 FEBRUARY 2015
Members in attendance * Denotes attendance Ø Denotes apology for absence Ø Cllr H D Bastone * Cllr T R Holway * Cllr J Brazil * Cllr J A Pearce * Cllr P K Cuthbert * Cllr J T Pennington * Cllr R J Foss (Vice Chairman) * Cllr J W Squire * Cllr P W Hitchins * Cllr R C Steer (Chairman) * Cllr J M Hodgson * Cllr S A E Wright
Other Members in attendance Cllrs Baldry, Bramble, Cane, Carson, B Cooper, Coulson, Hicks, Tucker
Item No Minute Ref or App. No. Officers in attendance and below refers participating All agenda Development Manager, Planning Officers, items Solicitor and Member Services Manager 41/2576/14/F Landscape Officer, Highways Officer, Environment Agency Officer 05/2499/14/F & Landscape Officer 05/2500/14/LB
DM.55/14 MINUTES
The minutes of the meeting of the Committee held on 14 January 2015 were confirmed as a correct record and signed by the Chairman.
DM.56/14 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 Pearce declared a personal interest in application 55/2946/14/F : Erection of new house to replace existing – 20 Meadcombe Road, Thurlestone by virtue of living near the application site but not being part of the local residents association. She remained in the meeting and took part in the debate and vote thereon;
Cllr Hitchins declared a personal interest in applications 05//2499/14/F & 05/2500/14/LB : Solar panel array (200 panels, 335m 2, 50kW) on former tennis court and Listed Building consent for solar panel array (200 panels, 335m 2, 50kW) on former tennis court – Burgh Island, Bigbury on Sea, by virtue of his son occasionally landing a helicopter on the helipad. He remained in the meeting and took part in the debate and vote thereon; - 85 -
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Cllr Foss declared a personal interest in application 43/2825/14/F : Householder application for new decked area and glazed guarding to water edge – Waters Edge, Frogmore, Kingsbridge, by virtue of knowing the applicants. He remained in the meeting and took part in the debate and vote thereon;
Cllr Wright declared a personal interest in application 28/2767/14/O : Outline application (all matters reserved) for erection of two detached houses and garages – SX 7418 4302, Warren Road, Kingsbridge by virtue of his animals attending the nearby vet. He remained in the meeting and took part in the debate and vote thereon.
DM.57/14 PUBLIC PARTICIPATION
The Chairman proceeded to announce that the following members of the public had registered their wish to speak at the meeting:- • 41/2576/14/F : Objector – Mr Charles Wreford Brown: Supporter – Mr Richard Maddock: Redevelopment of hotel to comprise 51no. bedrooms, bar and restaurant, residents lounge, spa, swimming pool, ancillary service space and parking – Tides Reach Hotel, Cliff Road, Salcombe; • 05/2499/14/F & 05/2500/14/LB : Parish Council Representative – Dr Stuart Watts [Speaker statement read out as unable to remain in meeting]: Solar panel array (200 panels, 335m2, 50kW) on former tennis court – Burgh Island, Bigbury on Sea; • 62/3088/14/F : Objector – Mrs Lyn Medlin: Supporter – Mr Steve Bottomley: Extensions to workshop and shop and new sewage treatment plant – Yealm Motor Services, Market Street, Yealmpton; • 55/2946/14/F : Objector – Mr Ed Persse: Supporter – Ms Pam Wilcox: Erection of new house to replace existing – 20 Meadcombe Road, Thurlestone, Kingsbridge; • 58/3140/14/F : Objector – Mr David Fieldsen: Supporter – Mr Ashley Sodergren: Parish Council Representative – Cllr Andy Cammack: Householder application for demolition of existing garage and substantial demolition of bungalow. Construction of new garage with ensuite bedroom over and alteration and extension to upper floor providing accommodation within roof – 14 Brownhill Lane, Wembury; • 37/2600/14/F : Objector – Mr Duncan Macpherson: Erection of dwelling with ancillary studio and garage to replace existing garage/ancillary living accommodation – The cottage, 97 court Road, Newton Ferrers; • 28/2767/14/O : Objector – Mr Rodney Strong: Supporter – Mr Steve Bottomley: Outline application (all matters reserved) for erection of two detached houses and garages – SX 7418 4302, Warren Road, Kingsbridge; • 58/2934/14/F : Parish Council Representative – Cllr Andy Cammack; Retrospective householder application for erection of platform balcony – 75 Mewstone Avenue, Wembury; • 14/2468/14/O : Supporter – Mr Paul Taylor: Outline planning application for 2-4 bedroom dwelling in the garden of Ashmoor, with access off lane between site and Plymouth Road. All matters reserved except access for which approval is sought with this application – Site adj. Ashmoor, Dartington, Totnes; - 86 -
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• 14/2582/14/F : Supporter - Ms Julie Boultby [speaker statement read out as unable to remain in meeting]: Householder application for two storey and single storey extension and alterations to existing dwelling – Rivendell, Dartington.
DM.58/14 SITE INSPECTIONS
Report of the Site Inspection Group held on 9 February 2015 i) 15/2252/14/F : Construction of 7 dwellings (following refusal of planning application 15/2265/12/F for construction of 8 dwellings) – Development site at SX 8651 5145, Site at Collingwood Road, Dartmouth
The Case Officer advised that there was one late letter of support and summarised the comments. He also advised of a typographical error in the report where DP17 should read DP07 within the recommended reasons for refusal.
A statement was read out on behalf of the Ward Member who advised that he supported the application and would like a further condition relating to the added trees. He also advised that the developer would be willing to replace the trees and provide off site green space. The Development Manager confirmed that this would not be an appropriate condition as it related to space outside the boundary of the site.
A statement was then read out on behalf of a neighbouring Ward Member who noted that the trees had been subject to a Tree Preservation Order to provide screening from the industrial units, yet the proposal would also provide that screening. He also suggested that a landscaping plan should be conditioned.
Members then discussed the application in more detail and comments made related to parking issues, the sustainability of the site which had good public transport links, good design but in the wrong place and the overbearing aspect on the opposite properties were noted.
It was then PROPOSED , SECONDED and on being put to the vote declared LOST :
“That application 15/2252/14/F be refused”
It was then PROPOSED , SECONDED and on being put to the vote declared CARRIED :
“That application 15/2252/14/F be conditionally approved”
Reasons: The proposal was of an acceptable design and scale The importance of the protected trees had been considered and their loss was not considered detrimental to the area The proposal was not unduly overbearing The lack of onsite parking was not such an overriding consideration as to warrant refusal - 87 -
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Conditions:
Time limit Accord with plans Details of materials Use of carport for parking only Details of the rear boundary wall Details of landscaping plan
DM.59/14 PLANNING APPLICATIONS
The Planning Case Officers submitted details of the planning applications as presented in the agenda papers.
During discussion of the planning applications, the following motions (which were in contradiction to the planning officer recommendation in the published agenda report), were PROPOSED and SECONDED and on being put to the vote were either CARRIED or LOST :-
e) In respect of application 41/2869/14/VAR : Variation on condition 2 (approved plans) of planning consent 41/0929/13/F change of ground levels within rear garden of plot 1 – Lundy (formerly known as Trennels), Grenville Road, Salcombe, the case officer introduced the report and summed up the letters of representation. A number of photographs were shown which set out the context of the application. The key issue was impact on residential amenity resulting from overlooking. Photographs were shown of neighbouring properties and the overlooking issue explained in detail.
One local Ward Member advised that the application before the Committee sought to legitimise a breach of planning. The previous decision to grant planning permission, and associated conditions, attempted to balance the rights of the developer with the rights of the existing residents. He demonstrated how the higher fence line impacted on the line of sight of one of the neighbours. The original line allowed for free field of vision and light. By building the fence up it made looking out of the neighbour’s kitchen window like looking out of a postbox. Once the breach had been detected the original fence was replaced with one that was overbearing and that was never the intention of the Committee when it made its original decision. Approval would therefore be seen as rewarding the developer for wilful disregard of planning rules. The amenity of neighbouring residents had been significantly reduced and therefore he requested that the application be refused.
Another local Ward Member explained to the Committee the impact of the decking at the back of the property and the result of the patio being level and not dropping off because of the additional soil.
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The overlooking into the side porch of Lulworth was outlined, and the fact that a fence on the northern wall would be oppressive. The mere fact of the decking allowed overlooking directly into the neighbouring porch. She proposed refusal on the grounds of loss of privacy and amenity on Lulworth and for being overbearing on Fairwaters.
One Member expressed sympathy with the views of the local ward Members, however, the increase in fence height did prevent some overlooking. He also suggested a black list be compiled by the Council of all developers who did not abide by planning conditions and regulations.
Another Member stated that it was not good practice to roll over and simply approve retrospective applications.
The Development Manager advised that he understood the concerns of Members but approval of the retrospective was not necessarily the wrong judgement to make. The houses had been built as approved and there would always have been a degree of overlooking. Members also had to consider if the decking was so significant to warrant refusal. Members then concluded the debate.
The following motion was PROPOSED and SECONDED and on being put to the vote declared LOST :-
“That application 41/2869/14/VAR be refused”
The following motion was then PROPOSED and SECONDED and on being put to the vote declared CARRIED :-
“That application 41/2869/14/VAR be conditionally approved in line with the officer recommendation. f) In respect of application 37/2600/14/F: Erection of dwelling with ancillary studio and garage to replace existing garage/ancillary living accommodation – The Cottage, 97 court Road, Newton Ferrers, the following motion was PROPOSED and SECONDED and on being to the vote declared CARRIED :-
“That a site inspection be held” g) In respect of application 07/2599/14/F: Part retrospective change of use of existing agricultural building for the storage and repair and maintenance of agricultural and commercial vehicles. Erection of extension for the storage of vehicles and materials and the creation of a compound to accommodate the parking of vehicles in association with the use of the existing and proposed buildings – Land adj. to Wembury Road, Polston Park, Plymstock, Plymouth, the following motion was PROPOSED and SECONDED and on being put to the vote declared CARRIED :- - 89 -
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“That a site inspection be held”
DM.60/14 PLANNING APPEALS UPDATE
There were no planning appeals to update at this meeting.
(Meeting commenced at 10.00 am and concluded at 7:25 pm)
______Chairman
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Voting Analysis for Planning Applications – DM Committee 18 February 2015 Application No: Site Address Vote Councillors who Voted Councillors who Voted Councillors who Voted Absent Yes No Abstain 15/2252/14/F Development site at SX To Refuse Cllrs Pearce, Hodgson, Squire, Cllrs Wright, Holway, Cllrs Hitchins, Steer Bastone (1) 8651 5145 Site at Cuthbert (4) Pennington, Foss (4) (not in attendance for Collingwood Road, Carried by Chairman’s the presentation) Dartmouth casting vote Cllr Brazil (3) 15/2252/14/F Development site at SX To Approve Cllrs Wright, Holway, Pennington, Cllrs Pearce, Hodgson, Cllrs Hitchins, Steer Bastone (1) 8651 5145 Site at Foss (4) Squire, Cuthbert (4) (not in attendance for Collingwood Road, Carried by Chairman’s casting the presentation) Dartmouth vote Cllr Brazil (3) 41/2576/14/F Tides Reach Hotel, Cliff To Approve Cllrs Hitchins, Holway, Cllrs Foss, Squire, Brazil, (0) Bastone (1) Road, Salcombe Pennington, Pearce, Cuthbert, Hodgson, Wright (5) Steer (6) 05/2499/14/F Burgh Island, Bigbury on To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce, Cllr Hitchins (1) Bastone (1) Sea Cuthbert, Steer, Foss (6) Pennington, Squire (4) 05/2500/14/LB Burgh Island, Bigbury on To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce, Cllr Hitchins (1) Bastone (1) Sea Cuthbert, Steer, Foss (6) Pennington, Squire (4) 62/3088/14/F Yealm Motor Services, To Approve Cllrs Hodgson, Brazil, Holway, (0) (0) Bastone (1) Market Street, Wright, Cuthbert, Pearce, Hitchins, Yealmpton Pennington, Squire, Steer, Foss (11) 41/2869/14/VAR Plot I Lundy, Grenville To Refuse Cllrs Wright, Pearce, Pennington, Cllrs Hodgson, Brazil, Cllrs Cuthbert, Foss (2) Bastone (1) Road, Salcombe Squire (4) Holway, Hitchins, Steer (5) 41/2869/14/VAR Plot 1 Lundy, Grenville To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce, Cllrs Cuthbert, Foss (2) Bastone (1) Road, Salcombe Hitchins, Steer (5) Pennington, Squire (4)
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55/2946/14/F 20 Meacombe Road, To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Wright, Pearce (2) (0) Bastone (1) Thurlestone Cuthbert, Hitchins, Pennington, Squire, Steer, Foss (9) 58/3140/14/F 14 Brownhill Lane, To Approve Cllrs Hodgson, Brazil, Holway, Cllrs Pennington, Squire (2) (0) Bastone (1) Wembury Wright, Cuthbert, Pearce, Hitchins, Steer, Foss (9) 37/2600/14/F The Cottage, 97 Court Site Visit Cllrs Hodgson, Brazil, Holway, (0) (0) Bastone (1) Road, Newton Ferrers Wright, Cuthbert, Pearce, Hitchins, Pennington, Squire, Steer, Foss (11) 43/2825/14/F Waters Edge, Frogmore, To Approve Cllrs Pearce, Hitchins, Cllrs Holway, Brazil, (0) Bastone (1) Kingsbridge Pennington, Squire, Steer, Foss Hodgson, Wright, Cuthbert (6) (5) 28/2767/14/O SX7418 4302, Warren Site Visit Cllrs Pennington, Squire (2) Cllrs Hodgson, Brazil, (0) Bastone (1) Road, Kingsbridge Holway, Wright, Cuthbert, Pearce, Hitchins, Steer, Foss (9) 28/2767/14/O SX7418 4302, Warren To Approve Cllrs Hodgson, Brazil, Holway, (0) Cllrs Bastone (1) Road, Kingsbridge Wright, Cuthbert, Pearce, Hitchins, Pennington, Steer, Foss (9) Squire (2) 58/2934/14/F 75 Mewstone Avenue, Site Visit Cllrs Wright, Cuthbert, Cllrs Hodgson, Brazil, (0) Bastone (1) Wembury Pennington, Squire (4) Holway, Pearce, Hitchins, Steer, Foss (7) 58/2934/14/F 75 Mewstone Avenue, To Approve Cllrs Hitchins, Pearce, Holway, Cllrs Wright, Cuthbert, (0) Bastone (1) Wembury Brazil, Hodgson, Steer (6) Pennington, Squire, Foss (5)
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14/2468/14/O Site adj. Ashmoor, To Approve Cllrs Brazil, Holway, Wright, Cllr Hodgson(1) (0) Bastone (1) Dartington Cuthbert, Pearce, Hitchins, Pennington, Squire, Steer, Foss (10) 07/2599/14/F Land adj. Wembury Site Visit Cllrs Hodgson, Brazil, Holway, (0) (0) Bastone (1) Road, Polston Park, Wright, Cuthbert, Pearce, Hitchins, Plymouth Pennington, Squire, Steer, Foss (11) 14/2582/14/F Rivendell, Dartington, To Approve Cllrs Brazil, Holway, Wright, Cllr Hodgson (1) (0) Bastone (1) Totnes Cuthbert, Pearce, Hitchins, Pennington, Squire, Steer, Foss (10)
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1
Salc Harb 20.4.15 MINUTES OF THE MEETING OF THE SALCOMBE HARBOUR BOARD HELD AT CLIFF HOUSE, SALCOMBE ON MONDAY 20 APRIL 2015
Members in attendance * Denotes attendance Ø Denotes apology for absence * Cllr J Brazil (Chairman) * Mr G Burrell * Cllr M J Hicks * Dr C C Harling (Vice Chairman) * Cllr K R H Wingate * Mr M Mackley * Cllr S A E Wright * Mr H Marriage * Mr A Thomson * Mr M Taylor
Item No Minute Ref No Officers in attendance and participating below refers All Salcombe Harbour Master, Executive Director Strategy agenda and Commissioning and Member Services Manager items
SH.49/14 MINUTES
The minutes of the meeting of the Salcombe Harbour Board held on 9 February 2015 were confirmed as a correct record and signed by the Chairman.
SH.50/14 DECLARATIONS OF INTEREST
Members were invited to declare any interests in the items of business to be considered during the course of the meeting, and the following were made:
Cllr Wright, Dr Harling, Mr Burrell, Mr Mackley, Mr Marriage, Mr Taylor, Mr Thomson and Cllr Wingate all declared a disclosable pecuniary interest in all related agenda items by virtue of having moorings or paying harbour dues to the Council.
As the Deputy Monitoring Officer had previously granted a dispensation under Paragraph 8.1 (c) of the Code of Conduct (minute SH.06/14 refers), all Members remained in the meeting and took part in the discussion and debate on all agenda items.
SH.51/14 PUBLIC QUESTION TIME
There were no specific issues raised during Public Question Time although a representative of Kingsbridge Estuary Boat Club who attended the meeting commented on the good level of contact and communication between the Club and the Harbour Board.
Salc Harb 20.4.15 SH.52/14 FEEDBACK FROM HARBOUR COMMUNITY FORUMS
The Board received verbal update reports from the Board Members who attended the Harbour Community Forums. The updates were as follows:
Salcombe Kingsbridge Estuary Association (SKEA) No update was given at this meeting.
Salcombe Kingsbridge Estuary Conservation Forum (SKECF) The Forum was due to meet later that week.
South Devon & Channel Shellfishermen The Shellfishermen had met for their AGM and there were no issues to be raised from that meeting, however, another Board Member asked that the Board note the change of regulations in respect of private pots.
Kingsbridge and Salcombe Marine Business Forum There was no update to give at this meeting.
Kingsbridge Estuary Boat Club (KEBC) There was no update to give at this meeting.
SH.53/14 ADOPTION OF AN ENVIRONMENTAL MANAGEMENT SYSTEM
The Board was presented with a report that proposed the adoption of an Environmental Management System (EMS). The Harbour Master introduced the report and advised that adoption of the system would ensure that environmental awareness was at the centre of Harbour activity.
Members of the Board strongly supported the adoption of the EMS and congratulated the Harbour Master on the award of EcoPort status.
It was then:
RESOLVED
That Council be RECOMMENDED to support and endorse the adoption of an Environmental Management System.
SH.54/14 REPORT ON TOPICAL HARBOUR ISSUES
A report was considered that outlined topical harbour issues that did not warrant their own report.
In discussion, reference was made to:-
(a) feedback from the first meeting of the Port User Group. The Harbour Master advised that this Group consisted of the existing Harbour Community Fora and Salcombe Yacht Club, and would be used as a consultee in the drafting of any future Harbour directions;
Salc Harb 20.4.15 (b) the continuing programme of pontoon replacement;
(c) the proposal in relation to installation of a new pontoon in lieu of surrendering the existing moorings for the new owners of the ICC (Salcombe). Members sought clarity on the proposal and generally confirmed their support, providing the proposal supported the provision of a safe environment for sailing school activity to continue, rather than specifically support one organisation over another;
(d) Harbour office IT and telephony. The Harbour Master updated the Board on discussions with South Hams District Council IT specialists to upgrade the existing IT and telephony systems. He confirmed that the Board would have control over the website content.
It was then:
RESOLVED
That the report be noted and the Harbour Master be delegated authority to progress the proposal for a new 25m pontoon for the new owners of the ICC (Salcombe).
SH.55/14 MATTERS FOR FUTURE CONSIDERATION
A report was considered that highlighted matters for future consideration by the Board.
There being no matters to discuss, it was then:
RESOLVED
That the report be noted.
SH.56/14 EXCLUSION OF PUBLIC AND PRESS
It was then:
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 item of business as the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Act is involved.
Salc Harb 20.4.15 SH.57/14 REVIEW OF THE NOMINATED ‘DESIGNATED PERSON’
The Board considered an exempt report that reviewed the current choice and cost of the Designated Person.
It was then:
RESOLVED
That the situation regarding choice of Designated Person be noted and the Harbour Master directed to pursue alternative arrangements.
(Meeting commenced at 2.30 pm and concluded at 3.20 pm)
______Chairman