Public Document Pack

E-mail: comsec@.gov.uk

17 December 2019

EXECUTIVE

A meeting of the Executive will be held on Tuesday, 7th January, 2020 in the Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX at 10.00 am

PHIL SHEARS Managing Director

Membership:

Councillors G Hook (Leader), Dewhirst (Deputy Leader), J Hook, Connett, Jeffries, MacGregor, Taylor and Wrigley

Please Note: Filming is permitted during Committee meeting with the exception where there are confidential or exempt items, which may need to be considered in the absence of the press and public. By entering the Council Chamber you are consenting to being filmed.

A G E N D A

Part I

1. Apologies for absence

2. Minutes (Pages 3 - 6) To approve and sign the minutes of the meeting held on 28 November 2019.

3. Matters of urgency/matters of report brought forward with the permission of the Leader

4. Declarations of Interest

5. Executive Forward Plan (Pages 7 - 12) To note forthcoming decisions anticipated to be made by the Executive over the next 12 months. 1

6. Public Questions (if any) Members of the Public may ask questions of the Leader or a Portfolio Holder. A maximum period of 15 minutes will be allowed with a maximum of period of three minutes per questioner.

The deadline for questions is no later than 12 noon two working days before the date of the meeting.

7. Initial budget proposals 2020/21 (Pages 13 - 44)

8. Electric Vehicles Policy (Pages 45 - 62)

9. Town and parish council service devolution and asset (Pages 63 - 94) transfer policy Part II: Items suggested for discussion with the press and public excluded

10. Local Government (Access to Information) Act 1985 - Exclusion of Press and Public RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of items 11 and 12 on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraph 3 of Part 1 of Schedule 12A of the Act.

11. Bowling club premises on Council owned land (Pages 95 - 98)

12. Howton Field Custom Build - Contract Award (Pages 99 - 124)

If you would like this information in another format, please telephone 01626 361101 or e-mail [email protected]

2 Agenda Item 2

EXECUTIVE

28 NOVEMBER 2019

Present:

Councillors G Hook (Leader), Dewhirst (Deputy Leader), J Hook, Connett, Jeffries, MacGregor, Taylor and Wrigley

Members in Attendance: Councillors Goodman-Bradbury, Keeling and Purser

Officers in Attendance: Sarah Selway, Democratic Services Team Leader & Deputy Monitoring Officer Trevor Shaw, Senior Planning Officer Phil Shears, Managing Director

90. MINUTES

Minutes of the meeting on the 31 October 2019 were approved and signed as a correct record.

91. DECLARATIONS OF INTEREST

None.

92. EXECUTIVE FORWARD PLAN

RESOLVED that the Executive Forward Plan be noted

93. BUDGET MONITORING – REVENUE & CAPITAL AND TREASURY MANAGEMENT MID YEAR REVIEW

The Portfolio Holder for Corporate Services presented the report to update Members on the budget at the end of October 2019 and the treasury management lending list. He advised that there were uncertainties with funding for the Council going forward particularly with regards to the proposal to abolish New Homes Bonus and what would replace it, and the impact of changes with Business Rates. He highlighted the variations and brought Members attention to the waste saving sharing agreement with County Council and the successful bids for the Rough Sleeper Initiative and Warm Homes Fund.

3 In response to a non-Executive Member, the Portfolio Holder for Corporate Services clarified that the Rural Skip Service was a service that the residents valued, details regarding Section 106 Monies for individual Parishes could be made available for Ward Members and the pre-application advice income was additional funding that supported the planning service.

The recommendation was proposed by Portfolio Holder for Corporate Services and seconded by the Portfolio Holder for Waste Management & Environmental Health.

RESOLVED that:-

(1) the revenue budget variations as shown at appendix 1 be approved;

(2) the updated capital programme as shown at appendix 2 be approved; and

(3) the updated lending list as shown at appendix 3 be noted.

RECOMMENDED to Council:

(4) to note the mid-year review of treasury management at appendix 4.

94. EXISTING AND FUTURE PLANNING POLICIES TO MEET THE CHALLENGES OF CLIMATE CHANGE

The Portfolio Holder for Climate Change Emergency and Housing presented the report to consider the call-in of Executive regarding the fourth resolution of 8 October 2019 from Overview and Scrutiny Committee. She clarified that the Council was committed to do all it legally could to meet the climate change challenges. The various policies in the local plan would be informed by robust evidence and there would be a full consultation on the local plan and the policies to be contained within it. Following the call-in the wording of recommendation four had the following wording added ‘including low carbon policy formulation and related quantification developed….’.

The Portfolio Holder for Climate Change Emergency and Housing commented following the outcome of the consultation on the Local Plan that within legal requirements all the relevant local plan policies coming forward should address the issue of low carbon/carbon neutral development.

The Senior Planning Officer stated that the government was currently undertaking a Future Homes Standard consultation which would hopefully result in a stronger national remit.

The report was proposed by the Portfolio Holder for Climate Change Emergency and Housing and seconded by the Portfolio Holder for Planning.

4 RESOLVED that the approval of a suite of policies to be prepared through an update of the Local Plan to meet Climate Change challenges including low carbon policy formulation and related quantification developed in consultation with local experts and interest groups, such as Action on Climate in Teignbridge

95. PUBLIC SPACE PROTECTION ORDER (FOR DOG CONTROL)

The Portfolio Holder for Waste Management and Environmental Health presented the report to consider the findings of the Review Group on the Public Spaces Protection Order (PSPO) for dog control. He thanked Overview and Scrutiny Committee and the Review Group for their work on this.

He commented that with regards to recommendation four from Overview & Scrutiny regarding licensing individual dog walkers and that all dogs should have a license, the proposal was that the Review Group should look to further investigate how this would operate and the costs involved and report back to Executive in due course.

Members welcomed the measures to engage with irresponsible dog owners and that Town and Parishes should be encouraged to put up signage to reiterate the regulations of the PSPO.

The recommendation was proposed by Portfolio Holder for Waste Management and Environmental Health and seconded by

RESOLVED that the following be approved:-

(1) In relation to the Public Space Protection Order (PSPO) for Responsible Dog Ownership under ss59 to 75 of the Anti-Social Crime and Policing Act 2014, the number of dogs that any one person can walk at any one time remain at 6, as agreed by Council on 14/1/19 Justification There is insufficient evidence to reduce this number to less than 6.

(2) The seasonal dog exclusion areas on beaches remain as 1 April to 30 September, as agreed by Executive on 4 December 2018. Justification: There is no evidence to suggest the date should be altered to 1 May; there are plenty of beaches that can be used all year round; and the restrictions relate to an area of most beaches but not all of them.

(3) The use of body cameras by Community Enforcement Wardens is not progressed. Justification There is no evidence to suggest that body cameras would be beneficial. No member of staff has requested a body camera, they all have work mobiles with the capability to record footage, the additional expense cannot be justified and it would be better allocated towards publicity campaigns.

(4) In response to the DEFRA Animal Welfare Regulations consultation, the Council respond by suggesting that dog walking individuals who are walking other peoples’ dogs (by collecting the dogs from their owners

5 house and returning them) either voluntarily or for a fee should be licensed. Justification, Individuals who do not have a residence based business such as those who provide a dog walking service only should be licensed. District Councils currently administer animal welfare licences, and fees are retained by these Councils.

The review group also considered that an option was that all dogs should require a licence. This would be a new control. Justification It was considered that there was merit in all dogs being licenced. It was noted that all dogs were required to be microchipped and it was considered that while dogs were being microchipped they could be licensed. The suggested increased licensing administration could also be undertaken by District Councils.

These matters required further consideration by the Review Group.

(5) Insurance Regulations are the responsibility of businesses to ensure they are adequately insurance for their business, and this issue be included in the issues to be reviewed by the Group in its 12 month review.

(6) The Council undertake a publicity campaign to encourage members of the public, Town and Parish Councils to engage with offending and irresponsible dog owners, and assist the Council in upholding the regulations of the Public Safety Protection Order.

(7) The Review Group continue to undertake a review of the PSPO following 12 months of its implementation as set out in the Group’s terms of reference.

The meeting started at 10.00 am and finished at 10.40 am.

Chairman

6

Public Notice and Annual Forward Plan - JANUARY 2020

This is an Annual Forward Plan of the key decisions and other decisions the Leader of Teignbridge anticipates the Executive taking during the next 12 months. Key decisions are decisions which the Council consider significant having had regard to Government guidance. This Plan may include other decisions which are not key decisions to be taken by the Executive, including for example, where the Executive is to make a recommendation to the Council.

The decisions which the Executive propose to take in private and the reasons why are detailed in the list together with a brief description of the matter to be decided. If you do not think the decisions should be taken in private please advise the Democratic Services with your reasons [email protected]

The documents which will be taken into account when making key decisions in the part of the meeting open to the public are available for

7 inspection. Details are listed. Other documents may become available nearer the meeting. If you would like copies please contact the author of the report. Author’s names and contact details are shown in the attached list. If you would like additional documents relating to a decision as they become available please contact the author and make this request.

Where possible, the District Council will attempt to keep to the dates shown in the Plan. It is quite likely, however, that some items will need to be rescheduled and new items added as new circumstances come to light.

This Plan will be updated on a monthly basis.

You are welcome to attend the meetings. They will take place in the Council Chamber at the address below. Agendas for Executive and Agenda Item 5 other Council meetings are available on the Council’s website.

You can ask questions regarding any item either in person or in writing. The deadline for the submission of questions is 12 Noon two working days prior to the meeting. You are advised to contact Democratic Services in advance of this time where assistance is available if required.

The agendas for the meetings can be made available before the meetings on the Council’s website. If you have any further queries, please contact the Democratic Services Sarah Selway [email protected]

TEIGNBRIDGE DISTRICT COUNCIL – EXECUTIVE FORWARD PLAN

Forward Plan of anticipated key decisions by the Executive for the next 12 months commencing 1 January 2020

Matter for Consideration Date of Council Private Key Report Author(s) Decision Date Decision Decision?

Electric Vehicles Policy 7 Jan 2020 Open Yes Environmental Protection Manager [email protected]

Initial budget proposals 2020/21 and Council 7 Jan 2020 14 Jan 2020 Open Yes The Chief Finance Officer & Head of Tax Base Corporate Services Council Tax Base - Full Council 14 January [email protected] 2020.

Bowling club premises on Council owned 7 Jan 2020 Fully Yes Estates & Development Manager land exempt [email protected]

To8 establish the level of subsidy to be provided to bowling club tenants beyond 2021

Matter for Consideration Date of Council Private Key Report Author(s Decision Date Decision Decision?

Town and parish council service devolution 7 Jan 2020 Open Yes Estates & Development Manager and asset transfer policy [email protected] The Council has a requirement to be able to balance the aspirations of local communities to take on the guardianship of public property assets and delivery of services, with the duty of care it must have in safeguarding the best interest of Teignbridge residents. The introduction of this policy and application procedure set out within the proposed policy is intended to establish a clear approach and governance to service devolution and asset

trans9 fer.

Howton Field Custom Build - Contract Award 7 Jan 2020 Fully Yes Self Build Project Officer Request for delegated authority for Officers exempt [email protected] to approve the contract award in consultation with the evaluation panel and Portfolio Holder.

Newton Abbot and 10 Feb 2020 Fully No Senior Estates & Development Surveyor Developments Update exempt [email protected] Project updates and request for any approvals required from the Executive

Local Plan Review Part 1 – Draft Plan 10 Feb 2020 Open Yes Principal Policy Planner [email protected]

Final Budget Proposals 2020/21. 10 Feb 2020 24 Feb 2020 Open Yes The Chief Finance Officer & Head of Corporate Services [email protected]

Matter for Consideration Date of Council Private Key Report Author(s Decision Date Decision Decision?

Notice of Motion Fireworks 10 Feb 2020 Open Yes Environmental Protection Manager [email protected]

Employment land at Newton Abbot 10 Feb 2020 24 Feb 2020 Fully Yes Principal Delivery Officer exempt [email protected]

The Provision of Waste & Recycling 10 Feb 2020 Open Yes Waste & Cleansing Manager Containers at New-Build Dwellings [email protected]

Kenton Neighbourhood Plan Adoption 10 Mar 2020 Open No Principal Planning Policy Officer To gain formal agreement on the adoption of [email protected] the Kenton Neighbourhood Plan as part of the Development Plan.

Chudleigh10 Neighbourhood Plan Adoption 10 Mar 2020 Open No Principal Planning Policy Officer To gain formal agreement on the approval of [email protected] the Chudleigh Neighbourhood Plan as part of the Development Plan.

Wolborough Masterplan DPD Open Yes Senior Planning Officer [email protected]

Wolborough Masterplan DPD – Proposed Open Yes Senior Planning Officer Submission [email protected]

Land at Staplehill Road, Newton Abbot Fully No Estates & Development Manager exempt [email protected]

Greater Exeter Strategic Plan Open Yes Business Manager - Spatial Planning [email protected]

Teignmouth Regeneration Open Yes Interim Head of Commercial Services [email protected]

Matter for Consideration Date of Council Private Key Report Author(s Decision Date Decision Decision?

Leisure Strategy Open Yes Head of Operations [email protected]

Teignbridge Car Park Plan - draft for Open Yes Economy Manager consultation [email protected]

Affordable Housing Supplementary Planning Open Yes Business Manager - Spatial Planning Document and Starter Homes [email protected]

Dawlish Warren Habitat Mitigation Open Yes Principal Delivery Officer

11 [email protected]

Listed Housing Company Open Yes Head of Service Delivery and Improvement [email protected]

This page is intentionally left blank Agenda Item 7

TEIGNBRIDGE DISTRICT COUNCIL

EXECUTIVE

7 JANUARY 2020

Report Title INITIAL FINANCIAL PLAN PROPOSALS 2020/21 TO 2022/23

Purpose of Report To consider the initial financial plan proposals 2020/21 to 2022/23 to be published for comments over the next six weeks Recommendation(s) The Executive Committee is recommended to resolve:

(1) That comments be invited on these budget proposals

The Executive Committee recommends that Council resolves:

(1) To approve the council tax base of 49,714 for 2020/21 at appendix 2.

13 Financial Implications The financial implications are contained throughout the report. The main purpose being to formulate the initial budget proposals for both revenue and capital budgets and medium term financial plan covering the years 2019/20 to 2022/23. Martin Flitcroft – Chief Finance Officer Tel: 01626 215246 Email: [email protected] Legal Implications The Executive is required under the budget and policy framework procedure rules in the constitution (part 2, article 4, section 4.4b) to agree and recommend a budget to Council each year. See section 9 of the report. Karen Trickey – Solicitor to the Council Tel: 01626 215119 Email: [email protected] Risk Assessment The risks involved in not setting a balanced budget are highlighted throughout the report. The major risks are in 3.9, 4.13, 4.15 and 4.26 with reference to uncertainties as to future funding – particularly business rates retention and New Homes Bonus and an alternative funding stream to replace New Homes Bonus if this is scrapped. A programme of identifying savings or increased income is required to meet the budget gap in 2022/23 and future years thereafter. Martin Flitcroft – Chief Finance Officer Tel: 01626 215246 Email: [email protected] Environmental/ The revenue budget supports the funding of a Climate Climate Change Change Officer and associated budget and capital projects Implications are highlighted which contribute towards our climate change objectives in appendix 6 – capital programme. David Eaton – Environmental Protection Manager Tel: 01626 215064 Email: [email protected] Report Author Martin Flitcroft – Chief Finance Officer Tel: 01626 215246 Email: [email protected] Portfolio Holder Councillor Alan Connett – Portfolio holder for Corporate Resources Appendices App 1 – Budget timetable 2020/21 App 2 – Recommended council tax base 2020/21 App 3 – Council tax calculator 2020/21 App 4 – Summary revenue plan 2019/20 onwards App 5 – Fees and charges summary App 6 – Capital programme Part I or II Part I Background Papers Budget and settlement files The Constitution

14

1. PURPOSE

1.1 To consider the initial financial plan proposals 2020/21 to 2022/23 to be published for comments over the next six weeks.

1.2 These proposals include draft revenue and capital budgets for the three years 2020/21 to 2022/23. The main issues taken into account are:

 The level of council tax and the proposal to increase it by £5 or 2.94%.  Reducing central funding and the need to make ongoing efficiencies using invest to save where possible.  Reacting to the climate change emergency by incorporating ongoing budgets for a climate change officer and associated spending.  Continuing to support housing whilst backing business and bringing people and organisations together for local neighbourhood planning.  Infrastructure delivery plan investment funded by community infrastructure levy (CIL) and external sources where available.  Town centre investment in infrastructure and employment.  Enhanced Planning Enforcement  The level of reserves necessary for the council.

1.3 To consider the proposed council tax base 2020/21 to recommend for Council approval on 14 January 2020 as shown at appendix 2.

2. SUMMARY

2.1 Recent budgets have taken account of reducing government grant over the period of the last comprehensive spending review. We still await the provisional local government finance settlement for 2020/21 which will be a settlement for one year only. No further changes are anticipated to the calculation of the New Homes Bonus (NHB). Council tax thresholds are likely to be reduced to the higher of 2% or above £5 (see 4.5 for full explanation). 100% business rates retention was promised in earlier consultations but with the transfer in of some funding obligations. Government is now planning to introduce 75% business rates retention in 2021/22 – a year later than anticipated this time last year. We will continue to work as a Business rates pool with the rest of Devon. Receipt of revenue support grant ended in 2018/19 and new homes bonus legacy payments were reduced. The reduction was from 6 years to 5 years in 2017/18 and then to 4 years from 2018/19. An initial baseline reduction of 0.4% was also set for 2017/18 reducing the Bonus further. No further modifications were made in 2018/19, 2019/20 or proposed in 2020/21 following budget consultation however we await receipt of the provisional settlement. Government had indicated its intention to cease New Homes Bonus in future years. This is still subject to consultation. See also 4.15 below.

2.2 We have benefitted from previous savings plans and restructuring efficiencies are still producing cost reductions. This budget also benefits from the Strata partnership and the significant ongoing returns from Market Walk. We are in

15 the fifth year of Business Efficiency Service Transition (BEST) 2020 review following Business Challenge in earlier years.

2.3 The economy continues to be generally buoyant however uncertainty continues about future demand and the outcome of the European Union negotiations. Teignbridge has seen some minor positive variations to income in the current year including planning applications and leisure memberships however general rental income, car parking and market income are down on the original budget.

2.4 General increases in most off street parking charges are proposed to cover inflation and in particular the continuing higher business rates from the revaluation which mainly falls on car parking.

2.5 Business rates were revalued nationally and became effective from 1 April 2017. Rates have generally gone down in the South West although Teignbridge properties have gone up. There is transitional relief so that reductions and increases will take five years to work through. Our on-going investment in Newton Abbot will enhance its vitality and viability and improve access to and within the town centre.

2.6 The capital programme to 2022/23 includes infrastructure delivery plan projects funded by CIL and external sources where available. The investment in housing continues including provision of affordable homes and investment in efficient heating systems. The main aim is to create more homes and jobs. Significant provisions have also been included for town centre investment and employment land. Prudential borrowing supports a number of projects where a good return on capital can be demonstrated.

3. BACKGROUND

3.1.1 The budget and policy framework procedure rules in the Constitution set out the process for developing annual budgets and their approval by Council. Thus there is a budget timetable in the Executive forward plan which includes Overview and Scrutiny consideration of the financial plan proposals. The detailed timetable is shown at appendix 1. The Council is responsible for the adoption of its budget including approving the appropriate level of council tax.

3.2 Previous budgets took account of reductions in government grant. An ambitious programme of savings was identified reducing costs and increasing income. Revenue support grant was cut by £1.0 million in 2015/16, just under an additional £0.9 million in 2016/17 and a further reduction of £0.75 million in 2017/18. In 2018/19 the reduction was just under £0.5 million leaving revenue support grant at just under £0.4 million. We are receiving nothing in 2019/20 and thereafter.

3.3 The senior management structure has been finalized and approved and the resultant savings will ultimately amount to in excess of £150,000 per annum. The staff savings arising have been fed into the budget process. Management costs have been significantly reduced over recent years and further significant

16 savings are now being made. These savings which have been incorporated into these budget proposals also include those from the waste savings sharing agreement with County, staff restructure savings, pension deficit savings, stopping rural aid, reduction in councillors community fund by £500 per councillor and additional income. Capital schemes providing positive net income have also been reflected within the medium term financial plan. This budget also gains from the Strata partnership and significant returns from Market Walk.

3.4 The fifth year of Business Efficiency Service Transition (BEST) 2020 has built on the Business Challenge process in the last four years. Options for continuing to reduce budgets have been or are being evaluated and also the pressures or investment that might require those savings. Those savings that can be made have been built into the budgetary figures. Teignbridge is also working with partners on the Heart of the South West devolution proposals and more locally re. Innovation Exeter in the Greater Exeter/Greater Devon partnership.

3.5 We are in the fourth year of our ten year Strategy 2016-2025. This sets the tone for contributing to civic life and ensuring public services focus on ‘place and person’ while remaining accountable, fair and value for money. At the heart are the Teignbridge Ten overarching projects that guide our activities, where we focus our resources and how we shape services to deliver real progress for the district. The Strategy is currently being updated.

3.6 The council tax support scheme is proposed to be amended to an income banded scheme due to the existing scheme not being compatible with the roll out of Universal Credit with the aim to simplify administration and supporting the most vulnerable. A budget survey is planned which will be put on the website and publicised to encourage feedback. In particular it will be brought to the attention of businesses, the residents’ panel and Teignbridge relationship groups.

3.7 The current council tax for Teignbridge is £170.17 per year for an average band D property. The 2019/20 tax base or effective number of properties for calculating council tax income is 49,219. Thus current year council tax income for the district is estimated at £8.4 million as shown in appendix 2 - the recommended council tax base 2020/21. A table of values for various increases in council tax is shown at appendix 3 - the council tax calculator.

3.8 Of the current total average annual £1,922.94 council tax collected per property, Teignbridge keeps 9% or just over £3.27 per week for its services. 72% goes to County, 11% to the Police, 4% to the Fire Authority and 4% to parishes and towns for their local precepts.

3.9 Significant government funding and cost changes affecting us for current and future years are as follows:

A 4.9% increase in the statutory National Living Wage from £7.83 to £8.21 this year and broad proposals for this to continue to increase in future years;

17 Pay increases for current and future years. A two year deal to employees as tabled by the National Employers for Local Government Services for 2018/19 and 2019/20 was agreed. A flat rate increase for the majority of grades of 2% in each year and higher increases on lower pay points of up to 9.2% in 2018/19 and a further 5.9% in 2019/20. A revised pay spine was also introduced in the deal with effect from 1 April 2019. These changes address adjustments to the National Living Wage and pay differentials across grades as a result. This approved deal is built into the current years salary budgets. There is no agreed increase for next year however an assumption of 2% and thereafter together with slightly higher increases for those on lower pay points for next year has been built into the initial financial plan proposals. The actuarial valuation of the Devon pension fund for 31 March 2016 required increased employers contributions to 2019/20. The latest valuation requires increased contributions from the Employer over the next three years – partially offset by reducing deficit contributions; The continuing consultation on reforms to New Homes Bonus baseline reducing receipts and the proposal to cease New Homes Bonus after 2020/21 and replace with an alternative source of housing funding and what that level of funding will be going forward; The outcome of consultation on the move to 75% business rates retention but with the transfer in of some funding responsibilities. A reset of the baselines for the business rates retention scheme in 2021/22 and the impact on the business rates retained for 2021/22 and thereafter. Additional staffing, leasing and running costs to maintain delivery of the refuse and recycling service and for the additional dwellings being built and in occupation. Additional budget provision has been created to fund the cost of the Climate Change officer for future years together with a climate change fund to enable the post to operate from appointment. Additional budget has also been provided to increase staffing resources for planning enforcement work for the next two financial years. Budget pressures anticipated for ash die back work on the trees held on Council land have been included. Significant planning inquiry costs anticipated in the current and following financial year will be incurred resulting in an increase in the budget gap requiring further savings to be found.

3.10 The Executive has had three monitoring reports this financial year on 1 July, 8 October, and 28 November 2019. These have updated current year budgets and also future year forecasts. The Autumn Spending Round Statement 2019 was published on the 4 September and the provisional local government settlement is still awaited.

4. REVENUE FINANCIAL PLAN

4.1 Appendix 4 to this report is the draft budget scenario for the next three years. The effects of budget variations in 2019/20 already approved by Executive are included. Future increasing savings expected from the Strata partnership have been fed into the plan. The increasing cost reductions from the previous

18 management restructures and recent changes are included. The plan also includes the significant ongoing returns from Market Walk.

4.2 Proposed fees and charges draft income totals for each service are shown at appendix 5. An increase of £258,000 in income is anticipated for next year compared to this years probable. Detailed recommended fees and charges will be available on the website early in January via the members’ newsletter. There are general changes for most charges with some areas being altered to reflect better alignment to cost recovery and/or comparable charges/market rates elsewhere. Some charges at Newton Abbot indoor and outdoor market have been reduced.

4.3 Car parking charges are proposed to increase to give extra income of £161,000 from last years base budget which equates to an increase of just over 4%. This will help towards inflation and in particular the rates increase arising from the revaluation that mostly affects car parks. The main changes have been to increase charges generally across the majority of car parks however most permits have remained unchanged. To support the town centres it is proposed to freeze some of the parking charges in these areas up to half an hour. Some of the charges up to one hour are proposed to be no higher than their 2018/19 charge.

4.4 The successful opt in green waste subscription has been maintained at its existing level and no increase is proposed. The fee continues to be below the national average and the average charge within Devon.

4.5 The Localism Act introduced the power for the Secretary of State to set principles each year under which council tax increases are determined as excessive. This can apply to Teignbridge, County, Fire, Police, or towns and parishes. For the current year limits are anticipated to continue to be set for all but towns and parishes with a referendum being triggered if districts had an increase of 2% and above, AND above £5.

4.6 In all such cases Teignbridge has to make the arrangements to hold a local referendum for residents. Costs can be recovered from the relevant precepting authority. The Government expects town and parish councils to demonstrate restraint when setting precept increases. They will be looking for clear evidence of how the sector is responding to this challenge, mitigating increases by the use of reserves where they are not earmarked for other purposes or for ‘invest to save’ projects which will lower ongoing costs. Any controls for town and parish councils are likely to continue to be deferred subject to these conditions being adhered to.

4.7 The extra income from any increase in council tax is shown at appendix 3 and this additional amount would be recurring in future years. The proposal is to increase council tax in Teignbridge by 2.94% or £5 to £175.17. This is the annual charge for an average band D property and the increase equates to less than 10p a week. A £5 increase has also been assumed for 2021/22 and 2022/23.

19 4.8 Council tax freeze grants have ceased with the last one being received in 2015/16. This was equivalent to a 1% increase in council tax but assumed no council tax support reduction so amounted to £78,000.

4.9 Settlement funding of business rates retention baseline to the Council from Government is £3.3 million for the current year.

4.10 With the four year funding deal ending in the current year we await a one year review with published figures for revenue support grant and business rates baseline provided for 2020/21. These have been estimated in the financial plan and are shown in the table below:

2017/18 2018/19 2019/20 2020/21 £million £million £million £million Revenue support grant 0.847 0.000 0.000 0.000 Rates baseline funding 3.169 3.685 3.339 3.399 New homes bonus 3.436 2.917 2.614 2.243 Main grant 7.452 6.602 5.953 5.642 Cash reduction in year -0.850 -0.649 -0.311 Percentage reduction in year -11.4% -9.8% -5.2%

The table shows the cash reductions of £0.9 million last year, £0.6 million in 2019/20 and anticipated £0.3 million in 2020/21. Percentage reductions are over 24% in total over the three years. Main grant funding has reduced by one third by 2019/20 when compared to 2013/14 when rates retention and council tax support started. Revenue support grant has also reduced from £4.5 million to zero over the same period to 2019/20. Uncertainty exists for 2021/22 when a proposed reset of the baseline is likely to occur, reducing gains established from growth and altering business rates retention to 75%.

4.11 The business rates retention 50% funding system started on 1 April 2013. Rules for charging and rateable values are still set nationally by Government and the Valuation Office respectively. The system includes top ups, tariffs, levies and safety nets. The latter is to protect income to some extent within overall reducing national funding levels. The system is more complicated as Government has introduced small and rural business rates relief. The cost of this through loss of rates retention income to Teignbridge is generally covered by separate specific grant.

4.12 Within Devon it has been beneficial for authorities to form a rates pool to avoid any payment of levy from Devon to the Government. With historic assumptions of moderate business growth in the area significant savings have been achieved increasing over the years. The pool also spreads the risk of any business downturn in an authority over all members of the pool and encourages economic prosperity across authority boundaries. The Devon pool became a 100% business rate pilot for 2018/19 following its successful submission and reverting back to a rates pool in 2019/20 as our bid to be a pilot in that year was unsuccessful.

20 4.13 Teignbridge’s position is better than the rates baseline because of estimated growth in business rates. We have also gained from pooling and this has been shown together with growth in the revenue summary as estimated rates retention and pooling gain. 100% rates retention was originally promised by 2020 but with the transfer in of some funding responsibilities and the share of the total for districts could be reduced. Levies will cease but there may still be some opportunity for pooling of risk. Negotiations to exit the European Union appear to have delayed the roll out of any eventual 100% business rates retention and a reset of baselines in 2021/22 will have a negative impact on funding levels. The anticipated provisional settlement following consultation now suggests that 75% business rates retention will be introduced in 2021/22.

4.14 New homes bonus is also part of core funding and is top sliced from settlement grant. It is based on additional property brought into occupation in the previous year with a higher amount for affordable housing. Teignbridge is receiving £2.6 million this year. Estimates of NHB are based on 620 homes per annum as in the local plan with each new year giving four years of grant. Changes planned for future years will reduce these legacy payments.

4.15 Government reformed the new homes bonus reducing the length of payments from 6 years to 4 years. Estimates for future years assume 4 years bonus. Government had intimated that it will cease New Homes Bonus after 2020/21 and replace with an alternative source of Housing funding. No details are available to clarify what this will mean in terms of future funding and whether it will provide similar funding levels to that received under New Homes Bonus. Government had allowed it freedom to change the baseline for 2020/21 however in the anticipated provisional settlement we have assumed this will be left unaltered at 0.4%.

4.16 Council tax benefit was replaced by council tax support from 1 April 2013. As the support reduces the tax base there is less council tax income for county, fire, police, and towns & parishes. The cost was around 90% funded by government grant initially but then transferred into main grant and not identified separately. The 10% shortfall was covered at Teignbridge, in the first year by one minor change to benefit, technical reforms, and use of transitional grant.

4.17 For 2014/15 two minor changes to compensate for the loss of transitional grant were consulted on and introduced. The majority of taxpayers adapted well to these changes, collection has been maintained and spend on council tax support itself continues to go down. There were further changes to the scheme applicable from 1 April 2017. No changes were made for 2018/19 or 2019/20. In 2020/21 the proposals are to move to an income banded scheme due to the existing scheme not being compatible with the roll out of Universal Credit and with the aim to simplify administration and support the most vulnerable.

4.18 Teignbridge currently receives £344,000 for administering housing benefit and £135,000 for council tax support. Universal Credit started for Teignbridge from 9 November 2015 for new single job seekers and we went

21 live with the full service in September 2018. There has been specific help from the department for work and pensions in connection with the transition but the current funding agreement ended in 2017. The main grant funding has been assumed to continue in future years.

4.19 The statutory minimum National Living Wage is targeted to be close to £9 for those aged 25 and over by 2020 (60% of median earnings). It increased by 4.9% to £8.21 from 1 April 2019. The impact of the increase in national living wage through the pay award which also addresses differentials in the pay spine has had significant cost implications in 2019/20 and extended into subsequent years of the financial plan. Further exploration of apprenticeships and training will be encouraged to utilize available apprenticeship levy funding.

4.20 The actuarial valuation of the Devon pension fund effective from 1 April 2017 set Teignbridge contributions for future years. These were made up of a basic amount of 14.6% for future service accrual plus an increasing cash sum to reduce the past service deficit. The amended cash sum payment started in 2017/18 at £1,369,000 increasing to £1,436,000 for 2019/20. A £1 million one- off payment has been included in our budgets for 2019/20 to reduce our pension deficit contributions going forward. Estimates from the actuary are that this will save us in the region of £58,000 on average per annum in each and every future year from our existing cash sum payments. The new valuation effective from 1 April 2020 has increased the future service accrual rate from 14.6% to 16.6%. This has created further budget pressures but is offset by a reduction in the past deficit contributions which have reduced in 2020/21 to £1,309,935, then £1,357,692 in 2021/22 and £1,407,190 in 2022/23. Negotiations are also taking place to pay the past deficit contributions up-front to obtain a significant discount of 4.5% and this is built into the initial budget proposals together with the savings from the one off contribution.

4.21 Investment income remains fairly low. While base rate has been steady at 0.75% since August 2018, the November Bank of England (BOE) monetary policy committee saw two of the nine members voting for a rate cut. The BOE are keeping their options open for either a rate cut or rate increase, however continued Brexit uncertainty combined with a failure of global growth to recover could see a cut in 2020. The amount we will have to invest is also forecast to reduce over the next year as the Council makes use of its internal balances to minimize the need for external borrowing. Based on an average daily lending amount of approximately £6 million, anticipated investment income is predicted to be £30,000 for each of the next three years. For the current financial year this is predicted to be £91,470. As part of our review of future treasury management investments we propose to add the property fund and diversified income fund managed by CCLA as presented to Members to increase the options and returns available for future years.

4.22 The latest professional guidance on reserves issued in November 2008 recommends a working balance to help cushion the impact of uneven cash flows and avoid unnecessary temporary borrowing and a contingency to

22 cushion the impact of unexpected events or emergencies. Earmarked reserves can also be built up to meet known or predicted requirements. Teignbridge operates with a low level of reserves compared to many districts.

4.23 Our main contingent liability was settled six years ago and provision has been made for other smaller potential liabilities. There is some uncertainty around the new major contingent liability which arises from the McCloud pension case and may have implications for our overall pension liability going forward but this is still not clear at present. The McCloud case relates to a judgement in the Court of Appeal relating to possible age discrimination in the arrangements for protecting certain scheme members from the impact of introducing new pension arrangements for judges’ and firefighters’. If the ultimate ruling is applied to local authorities there could be an increase in the pension liability and pension deficit. The current funding regime including rates retention, new homes bonus and council tax support carries a risk for us of likely more volatility in resources. This will increase as we move towards likely 75% rates retention. We are more reliant on income generated from our own fees and charges as government funding reduces.

4.24 The Audit Commission December 2012 report ‘Striking a balance’ stated that reserves are an essential part of good financial management. They help councils cope with unpredictable financial pressures and plan for their future spending commitments. The proposed budget recommends general reserves to stay constant at just under £2 million being 12.3% of the net revenue budget in 2019/20 and 2020/21. This equates to 13.1% in later years. General reserves are held to accommodate continuing future uncertainties and increasing reliance on generating our own income.

4.25 Historically the Executive has authority to exceed the approved overall revenue budget by up to £100,000 from general reserves to meet unexpected expenditure within the year. The aim is to replenish the reserves in the same year by making compensating savings as soon as possible. It is recommended to maintain this allowance at £100,000 for future years. All other decisions with regard to budgetary change will be approved by reference to virement rules in the financial instructions.

4.26 In conclusion these budget proposals show how Teignbridge can start to prepare for the grant reductions and anticipated funding regime by continuing to make savings and generate income. The revenue budget is partly funded over the medium term by savings found, additional income and use of earmarked reserves built up to cover anticipated future reductions in funding however significant work is still required to identify the significant budget gap in 2022/23 shown in appendix 4 (line 24) as just under £1.5 million per annum and thereafter together with further savings to be found to meet aspirations to bolster the capital programme in future years with increasing contributions to capital from revenue of around £0.8 million per annum initially. There may be a bigger budget gap if the alternative housing funding is not forthcoming or lower than the assumptions made. Right to buy receipts cease after 2024 increasing funding pressures on the capital programme. Exploration of suggestions from the BEST2020 process and service plan

23 reviews have been incorporated into future budgets. Further suggestions will be worked up and costed to deliver savings to move towards balancing future budget years from 2022/23 alongside the ongoing investigation into commercial investment opportunities, alternative service delivery plans and review of our existing assets and their use. These ideas together with any other income generation opportunities (including funding contributions for the rural skip service) should help to identify funds to increase revenue contributions to the capital programme. Investigation of a possible Teignbridge lottery scheme will also be explored to assist local community good causes with grant funding alongside any crowd funding opportunities. At the same time general reserves are maintained at around 12.3% of the budget which is equivalent to just under £2.0 million. However there is much uncertainty over the move to 75% and potentially an eventual 100% business rates retention scheme with the higher risks that Teignbridge will face.

4.27 These proposals include a £5 increase in council tax next year and subsequent years and substantial capital investment over the next three years. They will be publicised and comments brought back to the Executive in February before making the final budget recommendation to Council for 24 February 2020.

5. CAPITAL PROGRAMME

5.1 The capital programme has been updated at appendix 6 and continues to include significant provisions for investment in town centres and employment land. Some of these will require prudential borrowing and each will be the subject of separate reports as the business cases are developed. There is also a provision for Future High Street Fund projects. The business cases for these projects are under development – if successful, the grant funding available will make a significant contribution to the infrastructure of Newton Abbot town centre.

5.2 The programme is partly funded by sales of assets. Community Infrastructure Levy is anticipated to fund the infrastructure plan. Contributions from revenue are budgeted at £0.2 million in 2019/20, with a further £0.17 million for specific schemes. In addition an aggregate £2.0 million over the next three years are enabled by new homes bonus receipts. The ongoing contributions are set at £0.6 million in 2020/21 increasing to £0.7 million in 2021/22 and 2022/23. A review of suggestions from the BEST2020 process should enable further increased contributions to be delivered as these are worked through and agreed.

5.3 Government subsidy for housing disabled facilities grants through better care funding via county is assumed to continue at £1 million per annum. £1.4 million has been received in 2019/20. Right to buy receipts are estimated at £0.7 million per annum (but ceasing in 2024). Housing investment continues at current levels with the majority going into the provision of, and disabled facilities and energy grants for, private sector housing. There are schemes for the provision of social rented housing at three sites in Newton Abbot. In addition, affordable housing provision is facilitated through identified sites with

24 the majority of the remainder being delivered through the local plan. A shared equity scheme funded from external planning contributions is also included.

5.4 The infrastructure delivery plan investment over the next few years contributes to:

 A new railway station at Marsh Barton for South West Exeter and Teignbridge residents access to employment (£1.3 million by March 2021).  Provision for improvements to the A382 of £5.1 million by 2022-23.  Provision for Education in SW Exeter and the wider Teignbridge area of £5 million over 3 years.  Provision for further green spaces of £1.2 million over 3 years.  Sports and leisure provision of £5.4 million over 3 years including Decoy and the Den play area refurbishments and improvements to Bakers Park. Work is continuing on advancing projects to improve leisure provision. Provisions are included for refurbishments at Broadmeadow sports centre and Dawlish leisure centre. These will be the subject of separate reports as business cases are developed.  Heart of Teignbridge, coastal and other cycle provision (£1.0 million over three years).

5.5 Provisions have been made for a project to investigate a major heating improvements for Forde House for 2020/21 and for other carbon reduction projects which will be brought forward by the climate change officer as the carbon reduction plan is developed.

6. COUNCIL TAX BASE 2020/21

6.1 The council tax base is the estimated number of band D equivalent properties in the district for next year less a small allowance for likely collection losses. The details are shown at section 1 of appendix 2. The council tax for each of District, County, Fire, Police and towns/parishes multiplied by the base gives the income or precept which the district pays to each authority. The District is responsible for collecting council tax.

6.2 The estimate for next year must be based on information available on the 30 November. It has to be approved by Council which is planned for 14 January 2020 and notified to the major preceptors - County, Fire and Police between 1 December 2019 and 31 January 2020. Similarly towns and parishes also need the base for their area to calculate their council tax from their precept.

6.3 The initial data is extracted from the council tax records. This includes the deduction for council tax support which reduces the base. Finally an estimate is made of the growth in the number of dwellings to 2020/21 based on recent history and this has been calculated at 1%. Thus a total of 50,216.2 is the estimated number of band D properties for next year.

6.4 As for the current year a collection rate of 99% has been assumed giving 49,714 for 2020/21. For Teignbridge this base means that at the current council tax level of £170.17 just under £8.5 million of income would be

25 generated next year. This is 1.0% or £84,000 more than in the current year. Estimated 2020/21 income for all preceptors is shown at appendix 2, section 2 based on the current council tax.

6.5 All the council tax income goes into a collection account from which the precepts are paid. As the income is estimated a surplus or deficit can arise which has to be notified and shared out between the District, County, Fire and Police. The district has to pay for any deficit or take any surplus relating to the towns and parishes. The aim is to minimise balances on the account.

6.6 Teignbridge has to estimate the surplus or deficit on the council tax collection fund on 15 January each year for the following budget year. A surplus of £0.5 million is currently estimated which has to be shared between the major preceptors in 2020/21 as per their current precepts. The District share is £62,000 towards next year’s budget as shown at line 18 in appendix 4. Surpluses or deficits arise due to a number of factors including variations to previous years assumptions in relation to the number of new houses built, the banding of these properties, the number claiming council tax support, collection rates, discounts, bad debts and provisions in relation thereto.

7. GROUPS CONSULTED

7.1 County, Fire and Police and the public are consulted about any changes to the council tax support scheme. 19 December marks the start of the six weeks publication period which includes Overview and Scrutiny meetings on 14 January and 7 February 2020. Parishes and town councils will also be advised of these financial proposals with a presentation to the Teignbridge Association of Local Councils meeting on 23 January 2020.

7.2 A budget survey is planned which will be put on the website and publicised to encourage feedback. In particular it will be brought to the attention of businesses, the residents’ panel and Teignbridge relationship groups. Responses will be reported to members for consideration with the final budget proposals by Executive on 10 February 2020 and by Council on 24 February 2020.

8. TIME-SCALE

The financial plan covers the years 2019/20 to 2022/23. Final consideration of the budget by Council is due on 24 February 2020. At that time the council tax resolution is also approved which covers the total council tax including County, Fire, Police and towns & parishes.

9. LEGAL / JUSTIFICATION

The Executive is required under the budget and policy framework procedure rules in the constitution (part 2, article 4, section 4.4b) to agree and recommend a budget to Council each year.

26 10. DATE OF IMPLEMENTATION (CONFIRMATION OF DECISION SUBJECT TO CALL-IN)

Call in does not apply as the final budget recommendations will be considered for approval by Council on 24 February 2020.

27 This page is intentionally left blank Budget timetable 2020/21

September October November December January February Government (Chancellor) Autumn Spending Round Statement 4th Provisional local government settlement late Executive papers sent out - initial budget proposals 19th Start of formal six weeks consultation period 19th Budget survey emailed to businesses 19th Executive 10am - agree initial financial plan proposals including council tax base 7th Overview & Scrutiny 10am - consider Executive's financial plan 14th Council after O & S - approve council tax support and council tax base 14th Teignbridge Association of Local Parishes meeting 7pm TDC Council Chamber 23rd Final settlement expected 31st Deadline for business rates retention estimate to government, county and fire 31st Police and Crime Panel consider precept and approve 31st

Overview29 & Scrutiny 10am - consider Executive's final financial proposals 7th Executive 10am - agree final financial plan proposals, including budget monitoring 10th Fire Authority Resources 10am budget meeting 13th County Cabinet 10.30am budget meeting 14th

Devon County Council 2.15pm - set county precept and council tax 20th Appendix1 Fire Authority - set fire precept and council tax 21st Council meeting 10am - consider financial proposals and council tax resolution 24th Reserve county budget meeting 10am if required 25th Close council tax accounts and start bills print unless delayed if council tax not set 25th Reserve Council budget meeting if required 27th This page is intentionally left blank Recommended Council Tax Base 2020/21 Appendix 2

Section 1 Council Tax Base adjustment for Council Tax Support (CTS) and estimated growth Estimated Estimated Estimated 19/20 Estimated Estimated 20/21 Collection 20/21 Council Tax Income Net Income Band D Rate Base Number £ £ % £ Full band D at November 2019 54,501.2 1,922.94 104,802,540 less CTS at November 2019 -4,781.7 1,922.94 -9,194,920 Starting point based on November 2019 49,719.5 95,607,620 Anticipated growth at 1% 496.7 1,922.94 955,120

Total (rounded) 50,216.2 1,922.94 96,562,740 99.0% 95,597,040 49,714

Section 2 2020/21 Expected Council Tax (CT) Income at Current Council Tax Levels compared with 2019/20 19/20 Estimated Expected Preceptor Council CT Base income Tax Number £ £ 2020/21 expected income (rounded) Towns and parishes 49,714 69.68 3,464,070 District 49,714 170.17 8,459,830 County 49,714 1,384.29 68,818,590 Fire 49,714 86.52 4,301,260 Police 49,714 212.28 10,553,290

Total (rounded) shows a 1.0% increase in expected income 1,922.94 95,597,040

2019/20 expected income (rounded) Towns and parishes 49,219 69.68 3,429,596 District 49,219 170.17 8,375,597 County 49,219 1,384.29 68,133,370 Fire 49,219 86.52 4,258,428 Police 49,219 212.28 10,448,209

Total (rounded) 1,922.94 94,645,200

31 Recommended Council Tax Base 2020/21 Appendix 2

32 Council tax calculator 2020/21 Appendix 3

To show the extra Council Tax in 2020/21 that would be collected for varying increases by percentage and value.

Teignbridge Band D Council Tax 2019/20 (excluding parish precepts) £170.17 Approved Council Tax Base 2020/21 (at 99% collection rate) [a] 49,714

[b] Varying increases in Total Band Increase in Total Council Tax for D Council Council Council 2020/21 Tax Tax income Tax income 2020/21 for 2020/21 2020/21

Per Per Year Week Per Year Per Year Per Year % £ £ £ £ £ 0.00 0.00 0.00 170.17 0 8,459,830 No council tax freeze grant 0 Total income 8,459,830 0.34 0.57 0.01 170.74 28,340 8,488,170 0.59 1.00 0.02 171.17 49,720 8,509,550 1.00 1.70 0.03 171.87 84,520 8,544,350 1.18 2.00 0.04 172.17 99,430 8,559,260 1.57 2.68 0.05 172.85 133,230 8,593,060 1.76 3.00 0.06 173.17 149,140 8,608,970 1.99 3.39 0.07 173.56 168,530 8,628,360 2.35 4.00 0.08 174.17 198,860 8,658,690 2.94 5.00 0.10 175.17 248,570 8,708,400

Note:

[a] Council Tax Base of 49,714 for 2020/21 approved by Council on 14 January 2020

[b] Total Council Tax income is calculated by multiplying the Band D Council Tax by the recommended Council Tax Base of 49,714 [c] No council tax freeze grant. Referendum limit proposed by government as higher of 2% or above £5 for Band D.

33 This page is intentionally left blank Revenue Budget Summary Appendix 4

Revenue Budget 2019-20 2019-20 2020-21 2021-22 2022-23 Budget Latest Forecast Forecast Forecast EXPENDITURE £ £ £ £ £ 1 Employees 20,290,580 21,563,950 21,063,570 21,547,760 21,934,730 2 Property 4,525,970 4,791,290 4,646,390 4,694,010 4,782,820 3 Services & supplies 5,376,340 6,565,500 5,288,930 5,264,650 5,304,100 4 Grant payments 28,864,450 26,555,180 27,012,450 26,054,490 25,112,630 5 Transport 816,080 805,940 801,970 838,370 838,960 6 Leasing & capital charges 1,453,840 1,434,700 1,517,130 1,846,120 2,233,560 7 Contributions to capital 204,820 365,900 567,010 732,010 688,510

8 Total expenditure 61,532,080 62,082,460 60,897,450 60,977,410 60,895,310

INCOME 9 Sales -840,430 -758,640 -764,600 -779,890 -795,490 10 Fees & charges -9,987,330 -10,048,120 -10,305,880 -10,615,060 -10,933,510 11 Grants - income -29,023,730 -27,035,580 -27,167,900 -26,167,900 -25,167,900 12 Property income -3,004,650 -3,053,750 -3,255,950 -3,603,650 -4,338,240 13 Other income & recharges -3,017,600 -3,573,580 -2,946,920 -3,030,860 -3,091,480 14 Transfer from (-) / to earmarked reserves 324,180 -1,494,920 -367,390 -2,037,890 0

15 Total income -45,549,560 -45,964,590 -44,808,640 -46,235,250 -44,326,620

16 Total net service cost 15,982,520 16,117,870 16,088,810 14,742,160 16,568,690 Funding 17 Council tax -8,375,600 -8,375,600 -8,708,400 -9,046,520 -9,390,530 18 Council tax/community charge surplus -126,150 -126,150 -62,360 0 0 19 Revenue support grant 0 0 0 0 0 20 Rates baseline funding -3,339,390 -3,339,390 -3,399,000 -3,702,000 -3,762,000 21 Estimated rates retention and pooling gain -1,489,410 -1,614,610 -1,627,000 -50,000 -100,000 22 New homes bonus/alternative housing funding -2,604,640 -2,614,430 -2,243,360 -1,943,360 -1,843,360 23 Other grants -48,200 -48,200 -48,200 0 0 24 Budget gap (-) to be found 0 0 0 0 -1,472,800

25 Total funding -15,983,390 -16,118,380 -16,088,320 -14,741,880 -16,568,690

26 -Surplus/shortfall -870 -510 490 280 0

27 General reserves at end of year 1,945,971 1,980,799 1,980,309 1,980,029 1,980,029 28 General reserves as % of net revenue budget 12.2% 12.3% 12.3% 13.4% 13.1%

35 This page is intentionally left blank Draft Proposed Fees and Charges Income 2020/21 Appendix 5

Actual Probable Proposed Dept total 2018/19 2019/20 2020/21 2020/21 Service £ £ £ £ Department

Building Control - 991,874 - 880,000 - 897,000 - 897,000 Building Control

Misc - 10 - - - Democratic Services

Land Charges - 201,337 - 185,860 - 200,000 Planning - 771,051 - 1,036,480 - 887,100 Planning Admin - 721 - 100 - 4,100 Street Naming - 6,532 - 7,220 - 7,220 - 1,098,420 Development Management

Livestock Market - 12,974 - 8,390 - 8,390 Old Forde house - 16,256 - 16,000 - 16,040 Retail Market - 187,245 - 180,450 - 180,450 - 204,880 Economy & Assets

Electoral Registration - 1,984 - 2,160 - 2,160 - 2,160 Electoral Services

Dog Control - 1,267 - 3,250 - 2,790 Health & Food Safety - 6,213 - 5,800 - 8,480 Health Licence Fees - 33,053 - 35,930 - 27,640 Litter Clearance - 4,873 - 4,860 - 3,550 Nuisance Parking 25 - 50 - 50 Private Water Supply Sampling - 1,961 - 1,620 - 2,140 - 44,650 Environmental Health

Amenity & Conservation Sites - 3,282 - 3,580 - 1,840 Cemetery Fees - 156,050 - 174,220 - 181,950 Shaldon Golf - 68,058 - 63,120 - 63,120 Sports Pitches - 14,777 - 12,800 - 13,450 - 260,360 Green Spaces & Active Leisure

Housing - 10,315 - 5,280 - 3,220 - 3,220 Housing

Legal Fees - 26,894 - 21,880 - 20,780 - 20,780 Legal

Broadmeadow Sports Centre - 91,021 - 89,920 - 98,680 Dawlish Leisure Centre - 222,873 - 201,770 - 229,270 Leisure Childcare - 92,003 - 104,000 - 109,890 Leisure Memberships - 1,399,823 - 1,454,770 - 1,521,520 Newton Abbot Leisure Centre - 465,736 - 444,090 - 500,570 Outdoor Pools - 41,010 - 39,530 - 41,360 - 2,501,290 Leisure

Gambling Act 2005 - 25,763 - 25,340 - 25,560 Hackney Carriage - 52,416 - 59,390 - 60,050 Licensing Act 2003 - 128,453 - 128,560 - 128,110 - 213,720 Licensing

Car Parks - 3,544,529 - 3,644,250 - 3,857,220 - 3,857,220 Parking

Beach huts - 10,905 - 8,260 - 8,260 Boat Storage - 9,876 - 10,260 - 10,770 Leisure Events - 58 - 60 - 60 Polly Steps - - - - 19,090 Resorts

Council Tax - 186,749 - 199,270 - 199,000 - 199,000 Revenue & Benefits

Local Development Framework - 33 - 50 - 10,050 - 10,050

Abandoned Vehicles - 2,687 - 160 - 760 Commercial Waste / Household Refuse - 871,628 - 980,350 - 964,240 Composting - 2,000 - 920 - 920 Toilets for Disabled - 123 - 210 - 210 Vehicle Workshop - 10,709 - 7,910 - 7,910 - 974,040 Waste, Recycling & Cleansing

Grand Totals - 9,675,096 - 10,048,120 - 10,305,880

37 This page is intentionally left blank TEIGNBRIDGE DISTRICT COUNCIL Appendix 6 CAPITAL PROGRAMME 2019-20 TO 2022-23

27,849 13,580 32,203 22,756 16,373

Code Asset/Service Area Description ORIGINAL LATEST LATEST LATEST LATEST /bid no.

BUDGET BUDGET BUDGET BUDGET BUDGET

2019-20 2019-20 2020-21 2021-22 2022-23 £'000 £'000 £'000 £'000 £'000 (Inc Fees) (Inc Fees) (Inc Fees) (Inc Fees)

KG1 Bakers Park Bakers Park development (S106) 489 300 402 8. Out and about and active

KP1 Boat Cove, Dawlish Feasibility (CR) 10 4. Great places to live & work

Contribution to Superfast Broadband subject to procurement arrangements (RS) KL1 Broadband (2022/23) subject to satisfactory assurances 250 - 250 6. Investing in prosperity of funds being spent within Teignbridge area.

Provision for Broadmeadow Sports Centre Bid 28 Broadmeadow Sports Centre 101 - 8. Out and about and active Asbestos (RS) (Included in Bid 4)

Provision for Broadmeadow Sports Centre Bid 31 Broadmeadow Sports Centre CC central boiler installation (CR) (Included in 45 - 8. Out and about and active Bid 4)

Provision for Broadmeadow Sports Centre Bid 4 Broadmeadow Sports Centre 1,545 - 1,765 8. Out and about and active Improvement Plan (S106/BC).

Broadmeadow Sports Centre Roof (CR) K1 Broadmeadow Sports Centre 68 - 8. Out and about and active (Included in Bid 4)

KM2 Car parks Multi-storey lift (RS) 48 3. Going to town

KM3 Car parks Upgrade of card payment facilities (RS) 12 3. Going to town

Bid 245 Churchyards Provision for Churchyards (RS) 45 12 4. Great places to live & work

KD4 Churchyards Closed Churchyards (RS) 46 4. Great places to live & work

KY5 Climate Change CC Provision for carbon reduction projects (RS) 100 132 10. Zero heroes

Provision for Forde House replacement Bid 229e Climate Change CC 340 - 340 10. Zero heroes heating system (CR)

Tunnicliffe Building energy efficiency KY2 Climate Change CC 20 10. Zero heroes measures (RS)

SW Regional Coastal Monitoring KR3 Coastal Monitoring 798 1,391 724 9. Strong communities Programme. (GG,EC)

Coastal asset review: project management KR5 Coastal Monitoring 126 9. Strong communities support (GG)

KR6 Coastal Monitoring Coastal asset review (GG) 259 9. Strong communities

KP4 Colley Brook, Kingsteignton Gabion Basket Replacement (S106) 35 9. Strong communities

K18 Combeinteignhead Combeinteignhead (Env.Agency) 9. Strong communities

KW3 Cricketfield UTC Cricketfield Footpath (CR) 45 - 3. Going to town

KG3 Cycle paths CC Wray Valley Trail (CIL) 100 7. Moving up a gear

KG8 Cycle paths CC East-West Cycle Route (CIL) 180 7. Moving up a gear

KG8 Cycle paths CC Teign Estuary Trail (CIL) 100 100 7. Moving up a gear

Bid 211 Cycle paths CC Provision for Other cycling (CIL) 280 280 170 7. Moving up a gear

Bid 211 Cycle paths CC Dawlish/Teignmouth Cycle Schemes (CIL) 180 65 340 7. Moving up a gear

Bid 211 Cycle paths CC Heart of Teignbridge Cycle Provision (CIL) 180 90 7. Moving up a gear

KX7 Dawlish Dawlish link road and bridge (GG) 427 4,473 7. Moving up a gear

Provision for Dawlish Leisure Centre Bid 2 Dawlish Leisure Centre - 1,321 8. Out and about and active Improvement Plan (S106,BC).

Provision for Dawlish Leisure Centre Bid 7 Dawlish Leisure Centre 40 - 8. Out and about and active Drainage Overhall & Improve (CR)

Dawlish Warren Visitor Provision for Dawlish Warren Visitor Centre Bid 78 - - 4. Great places to live & work Centre (HRA/S106/CIL,EA,HLF,EC) 39 ] TEIGNBRIDGE DISTRICT COUNCIL CAPITAL PROGRAMME 2019-20 TO 2022-23 Appendix 6

27,849 13,580 32,203 22,756 16,373

Code Asset/Service Area Description ORIGINAL LATEST LATEST LATEST LATEST /bid no.

BUDGET BUDGET BUDGET BUDGET BUDGET

2019-20 2019-20 2020-21 2021-22 2022-23 £'000 £'000 £'000 £'000 £'000 (Inc Fees) (Inc Fees) (Inc Fees) (Inc Fees)

KB8 Dawlish Warren Dawlish Warren Boardwalk (S106) 65 4. Great places to live & work

KB6 Dawlish Warren Dawlish Warren Boardwalk (S106) - 107 4. Great places to live & work

KB4 Dawlish Warren Fencing (EC) - 4. Great places to live & work

KL4 Employment Land Purchase of Minerva Building (GG,BC) 1,136 1,468 6. Investing in prosperity

K34 Energy Company CC Energy Company (CIL) 177 - 177 9. Strong communities

KD1 Forde House HR Refurb (CR) 7 What else we will do

KD2 Forde House Corporate Services Refurb feasibility (CR) 3 What else we will do

KT2 Forde Road Depot Forde Road depot concrete repairs (RS) 12 2. Clean scene

Provision for Heart of Teignbridge Heart of Teignbridge: Bid 297 Employment Sites (BC: Prudential 5,350 425 425 6. Investing in prosperity Employment Borrowing)

Provision for Heart of Teignbridge Heart of Teignbridge: Bid 297 Employment Sites (BC: Prudential 200 - 6. Investing in prosperity Employment Borrowing; CR)

Provision for other employment land Heart of Teignbridge: Bid purchase and infrastructure (BC: Prudential 2,000 2,000 6. Investing in prosperity Employment Borrowing)

Heart of Teignbridge: Newton Abbot employment land feasibility KL2 20 6. Investing in prosperity Employment (BC: Prudential Borrowing)

A382 Improvements (CIL) (£5.1 m by 2022- KX8 Heart of Teignbridge 5,100 7. Moving up a gear 23)

KW8 Heart of Teignbridge Houghton Barton land (EC) 134 153 4. Great places to live & work Discretionary - Disrepair Loans & Grants JW/JV Housing 50 24 24 24 50 1. A roof over our heads (GG/CR) Better Care-funded grants re: Housing loans JW/JV Housing and grants policy, including Disabled 1,000 1,580 1,030 1,000 1,000 1. A roof over our heads Facilities (GG)

Bid Housing CC Provision for Warm Homes Fund (GG) 26 234 1. A roof over our heads

Bid Housing Provision for Warm Homes Fund (GG) 1,655 1. A roof over our heads

Broadhempston Community Land Trust JY7 Housing 10 1. A roof over our heads (CR,RS)

JY3 Housing Exception site Starcross (CR) 65 1. A roof over our heads

JY3 Housing Exception site Denbury (CR,GG) 100 1. A roof over our heads

JY3 Housing Moretonhampstead (Teign Housing) (EC) 85 1. A roof over our heads

Additional Social Housing in Newton Abbot JY3 Housing (East St) (CR, RS,GG, BC: Prudential 115 68 890 1. A roof over our heads Borrowing,S106)

Additional Social Housing in Newton Abbot JY3 Housing (Drake Road) (CR,RS,GG,BC: Prudential 32 509 1. A roof over our heads Borrowing,S106)

JY3 Housing Longstone Cross Ashburton (CR) 100 100 1. A roof over our heads

JY8 Housing Shared Equity Scheme (S106) 667 1. A roof over our heads

Bid Housing Provision for Shared Equity Scheme (CR) 158 1. A roof over our heads

JY3 Housing Affordable Housing unallocated (CR) - 59 200 200 1. A roof over our heads

JY5 Housing Additional plots Haldon (S106,CR) 21 1. A roof over our heads

Provision for Habitat Regulations Bid 80 Habitat Regulations 118 - 179 70 88 4. Great places to live & work infrastructure measures (CIL)

Replacement IT Equipment/ Committee Mgt KV5 IT - Committee 10 26 What else we will do (RS)

IT - provision for Mobile KV3 CC Mobile Working (RS) 68 10 84 What else we will do Working

KV4 IT - Customer Services Customer Portal (RS) 71 What else we will do

KV6 IT - Convergence Strata projects: Convergence Projects (RS) 22 What else we will do

40 ] TEIGNBRIDGE DISTRICT COUNCIL CAPITAL PROGRAMME 2019-20 TO 2022-23 Appendix 6

27,849 13,580 32,203 22,756 16,373

Code Asset/Service Area Description ORIGINAL LATEST LATEST LATEST LATEST /bid no.

BUDGET BUDGET BUDGET BUDGET BUDGET

2019-20 2019-20 2020-21 2021-22 2022-23 £'000 £'000 £'000 £'000 £'000 (Inc Fees) (Inc Fees) (Inc Fees) (Inc Fees)

KV6 IT 17-18 Strata projects Cemeteries (RS) 8 What else we will do

KV6 IT 17-18 Strata projects Grounds, Street, Public Realm (RS) 27 What else we will do

KV6 IT 17-18 Strata projects Environmental Health: Idox (RS) 13 What else we will do

KV6 IT - Car parks (Updated) Car Park systems upgrade (RS) 12 3. Going to town

Strata projects: Uniform Implementation KV7 IT - Planning 58 What else we will do (RS)

KV8 IT - Capital contribution Ongoing contributions towards Strata (RS) 41 41 41 41 41 What else we will do

KV9 IT - HR Strata projects: Human Resources (RS) 16 What else we will do

KW1 IT - Customer Services Reception Management (RS) 20 What else we will do

KW7 IT - Customer Services Open channel/open access (RS) 5 What else we will do

KV2 IT - Customer Services ECM (RS) 14 - What else we will do

KW2 IT - Legal Services Legal Case Management (RS) 18 22 What else we will do

KV1 IT - Finance Cash and Income Management (RS) 22 - What else we will do

Bid IT - Finance Provision for Finance Convergence (RS) 100 167 What else we will do

Bid IT - Finance/HR Provision for Winnix replacement (RS) 13 What else we will do

Provision for Street Cleansing, Grounds Bid IT - Property and Assets Maintenance and Asset Management 103 What else we will do (RS)

Provision for Kingsteignton Open Space Bid 300 Kingsteignton 60 8. Out and about and active (S106)

KG2 Leisure Playing Pitch Improvement Plan (S106) 300 280 8. Out and about and active

KX9 Marsh Barton CC Marsh Barton Station (CIL) 1,300 7. Moving up a gear

Provision for Michaels Field Phase 2 Bid 43 Michaels Field 136 - 8. Out and about and active (S106/grant)

3G artifical playing pitch, Coach Road, KG4 Newton Abbot 220 8. Out and about and active Newton Abbot (S106, CR)

Provision for Newton Abbot Leisure Centre Bid 23 Newton Abbot Leisure Centre 30 8. Out and about and active fire alarm control panel (RS)

Newton Abbot Leisure Gym and tower office air conditioning KF2 28 8. Out and about and active Centre replacement (CR)

Bid Provision for Newton Abbot Leisure Centre 236a/b & Newton Abbot Leisure Centre AC Unit , Accoustic main sports hall & 62 8. Out and about and active 237 sports hall cooling system. (CR)

Provision for Newton Abbot Leisure Centre Bid 3 Newton Abbot Leisure Centre 350 8. Out and about and active Improvement Plan (S106;RS;CR)

Newton Abbot Leisure Centre Gym KF5 Newton Abbot Leisure Centre 40 57 56 40 40 8. Out and about and active Equipment (RS,S106)

Newton Abbot Town Centre Provision for Newton Abbot Town Centre Bid 299 2,100 - 400 3. Going to town Regeneration Improvements (GG)

Newton Abbot Town Centre KX1 Halcyon Rd (BC:Prudential Borrowing) 100 3,381 3,418 3. Going to town Regeneration

Newton Abbot Town Centre KL6 Market Walk improvement works (CR, RS) 50 3. Going to town Regeneration Newton Abbot Town Centre KL9 Cattle Market Enabling Works (CR) 200 3. Going to town Regeneration Newton Abbot Town Centre KL7 Bradley Lane Enabling Works (RS,CR) 113 3. Going to town Regeneration

Newton Abbot Town Centre KW9 Cinema (RS) 21 3. Going to town Regeneration Sherborne House: town centre Newton Abbot Town Centre KX2 regeneration/Social Housing (BC: Prudential 2,587 1,853 3. Going to town Regeneration Borrowing)

KW4 Newton Abbot Town Centre Sherborne Rd Planter (RS) 14 3. Going to town

Provision for Future High Street Fund Bid Newton Abbot Town Centre projects (GG, CIL, EC, BC: Prudential 100 4,087 5,235 5,530 3. Going to town Borrowing)

KW5 Open Spaces Cirl bunting land (S106) 41 - 250 125 4. Great places to live & work ] TEIGNBRIDGE DISTRICT COUNCIL CAPITAL PROGRAMME 2019-20 TO 2022-23 Appendix 6

27,849 13,580 32,203 22,756 16,373

Code Asset/Service Area Description ORIGINAL LATEST LATEST LATEST LATEST /bid no.

BUDGET BUDGET BUDGET BUDGET BUDGET

2019-20 2019-20 2020-21 2021-22 2022-23 £'000 £'000 £'000 £'000 £'000 (Inc Fees) (Inc Fees) (Inc Fees) (Inc Fees)

KB9 Open Spaces Dormouse habitat improvements (S106) 12 4. Great places to live & work

KB2 Open Spaces Mill Marsh Park, Bovey Tracey (S106) 75 4. Great places to live & work

KS4 Pavilions Teignmouth Pavilions, Teignmouth (CR) - 3. Going to town

K7 Penns Mount Park Penns Mount Hilltop Park (CIL) - 4. Great places to live & work

Provision for Dawlish play space flagship Bid 44 Play area equipment/refurb 75 - 75 8. Out and about and active provision (S106)

Provision for Powderham Newton Abbot Bid 45 Play area equipment/refurb 30 8. Out and about and active play space equipment (S106)

Provision for Newton Abbot Play Area Bid 47 Play area equipment/refurb 74 8. Out and about and active (S106)

KJ1 Play area equipment/refurb Coombe Valley Play Area (S106) 26 8. Out and about and active

Bid 46 Play area equipment/refurb Provision for Decoy refurb (S106/CIL) 150 - 230 8. Out and about and active

Provision for Den, Teignmouth play area Bid 49 Play area equipment/refurb 200 - 200 8. Out and about and active overhaul (S106/CIL)

Higher Woodway, Teignmouth play area KJ3 Play area equipment/refurb - 30 8. Out and about and active refurb (S106)

Provision for Meadow Centre Teignmouth Bid 51 Play area equipment/refurb - 30 8. Out and about and active play area major refurb (S106)

Provision for Palace Meadow, Chudleigh Bid 58 Play area equipment/refurb 15 8. Out and about and active play space overhaul (S106)

KJ6 Play area equipment/refurb Furlong Close, (CR) 28 8. Out and about and active

Provision for Teignbridge-funded play area Bid 67 Play area equipment/refurb 114 - 86 8. Out and about and active refurb/equipment (CR)

Sandygate, Kingsteignton (Env.Agency KP1 Sandygate 9. Strong communities 2022-27)

KB1 SANGS/Open Spaces SANGS land purchase (GG; CIL) 475 715 385 4. Great places to live & work

KB1 SANGS/Open Spaces SANGS instatement (GG; CIL) 298 298 95 4. Great places to live & work

KB7 SANGS/Open Spaces SANGS: Dawlish (CIL;S106) - 130 4. Great places to live & work

Provision for South West Exeter Transport Bid 95 South West Exeter 7. Moving up a gear (2023-28) (CIL) (Updated) SW Exeter Education Provision K13 South West Exeter 1,000 1,000 1,950 4. Great places to live & work (CIL)

Bid South West Exeter Provision for District Heating (CIL) 3,000 9. Strong communities

Bid 5 Sport & Leisure Provision for Sports Provision (CIL) 65 - 734 8. Out and about and active

Provision for Outdoor sport facility to serve Bid 72 Sport & Leisure 230 - 230 8. Out and about and active Newton Abbot area (S106)

K6 Sport & Leisure Sports allocation (CIL) 358 - 8. Out and about and active Bid 90 Teignbridge Provision for Education (CIL) 350 1,700 4. Great places to live & work

Provision for Teignmouth Lido boiler Bid 40 Teignmouth Lido - 100 8. Out and about and active replacement (CR) Teignmouth Town Centre Regeneration KX3 Teignmouth Town Centre (includes feasibility budget) (BC: Prudential 6,900 250 3,531 3,571 6. Investing in prosperity Borrowing)

KL5 Teignmouth Beachcomber café (RS) 147 3. Going to town

Provision for Teignmouth open space Bid 77 Teignmouth 50 - 50 4. Great places to live & work (S106)

KR1 Teignmouth Beach Management Plan (GG) 115 9. Strong communities

Provision for Bulking Station - replace Bid 116 Waste Management 50 50 2. Clean scene telehandlers (RS)

KS2 Waste Management Bulking Station - replace telehandlers (CR) 50 2. Clean scene

KS3 Waste Management Bulking Station welfare facilities (RS) 18 2. Clean scene

Provision for Bulking Station - replace Bid 118 Waste Management 75 100 2. Clean scene Sortline (RS)

Bid 120 Waste Management Provision for Waste vehicles (RS) 200 - 200 2. Clean scene

Bid 121 Waste Management Provision for: Replace kerbsider (CR) 100 - 2. Clean scene 42 ] TEIGNBRIDGE DISTRICT COUNCIL CAPITAL PROGRAMME 2019-20 TO 2022-23 Appendix 6

27,849 13,580 32,203 22,756 16,373

Code Asset/Service Area Description ORIGINAL LATEST LATEST LATEST LATEST /bid no.

BUDGET BUDGET BUDGET BUDGET BUDGET

2019-20 2019-20 2020-21 2021-22 2022-23 £'000 £'000 £'000 £'000 £'000 (Inc Fees) (Inc Fees) (Inc Fees) (Inc Fees) Bid Waste Management Provision for replacement card baler (2026) 2. Clean scene

KS0 Waste Management Purchase of Wheeled Bins (RS) 99 99 104 104 104 2. Clean scene

KT1 Waste Management Bulking Station Silo Refurbishment (CR) 29 2. Clean scene

KT3 Waste Management Vehicle tracking system (RS) 11 2. Clean scene 27,849 13,580 32,203 22,756 16,373

43 ] TEIGNBRIDGE DISTRICT COUNCIL CAPITAL PROGRAMME 2019-20 TO 2022-23 Appendix 6

27,849 13,580 32,203 22,756 16,373

Code Asset/Service Area Description ORIGINAL LATEST LATEST LATEST LATEST /bid no.

BUDGET BUDGET BUDGET BUDGET BUDGET

2019-20 2019-20 2020-21 2021-22 2022-23 £'000 £'000 £'000 £'000 £'000 (Inc Fees) (Inc Fees) (Inc Fees) (Inc Fees)

FUNDING GENERAL

Revenue contributions to reserve (120) (44) (44) (203) towards future expenditure Revenue contributions applied to (77) (77) (252) (235) - existing expenditure Capital Receipts Unapplied - Brought (2,493) (3,470) (3,291) (2,776) (2,565) forward

Capital Receipts - Anticipated (650) (246) (200) - -

Budgeted Revenue Contribution plus (128) (109) (271) (453) (485) additional for specific schemes

Use of Revenue Contributions Reserve - (778) (26) (75) (50)

Government Grants (1,899) (3,376) (2,507) (6,629) (2,228) S106 (1,459) (1,138) (1,413) (346) (1,250) Other External Contributions (134) (294) (803) (1,040) (101) Community Infrastructure Levy (3,461) (1,393) (6,115) (2,618) (9,109) Internal Borrowing (662) (211) (235) - - Capital Receipts Unapplied - Carried 2,013 3,290 2,776 2,565 2,315 forward

Business cases: Prudential borrowing (17,711) (3,750) (14,684) (10,160) (1,850)

HOUSING Capital Receipts Unapplied - Brought (1,526) (1,781) (2,235) (1,927) (2,453) forward Capital Receipts - Anticipated (50) (50) (50) (50) (50)

Capital Receipts - Right to Buy (700) (700) (700) (700) (700)

Better Care Funding and other government (1,000) (1,606) (2,874) (1,000) (1,000) grants.

S106 - (93) (667) -

Other External Contributions - (42) - -

Internal or Prudential Borrowing - - (801)

Budgeted Revenue Contribution plus - (60) - - additional for specific schemes.

Use of Revenue Contributions Reserve (8) (34)

Capital Receipts Unapplied - Carried 2,011 2,235 1,927 2,453 3,153 forward TOTAL FUNDING (27,849) (13,580) (32,203) (22,756) (16,373) - - Revenue contribution re: previous years' (77) (77) (252) (235) - expenditure

Revenue contributions to reserve (120) (44) (44) (203) towards future expenditure Programme Funding Budgeted and additional Revenue (128) (169) (271) (453) (485) Contribution

Revenue Contributions earmarked - (786) (60) (75) (50) reserve. Capital Receipts (1,395) (722) (1,773) (435) (300) Section 106 (1,459) (1,231) (2,080) (346) (1,250) Other External Contribution (134) (336) (803) (1,040) (101) Grant (2,899) (4,982) (5,381) (7,629) (3,228) Community Infrastructure Levy (3,461) (1,393) (6,115) (2,618) (9,109) Internal borrowing (662) (211) (235)

Business cases: Prudential borrowing (17,711) (3,750) (15,485) (10,160) (1,850)

Total (27,849) (13,580) (32,203) (22,756) (16,373)

Balance of capital receipts (4,024) (5,525) (4,703) (5,018) (5,468)

Key: EC - External Contributions GG - Government Grant CR - Capital Receipt RS - Revenue Savings BC - Business Case * - Provisional scheme, pending full approval

Climate Change project

Bold Denotes a change in the programme

44 ] Agenda Item 8

TEIGNBRIDGE DISTRICT COUNCIL

EXECUTIVE

7TH JANUARY 2020

PART I

Report Title Electric Vehicles, Infrastructure and Ultra Low Emission Vehicles Policy Purpose of Report To consider the recommendations of the Overview and Scrutiny Committee Recommendation(s) The Committee RECOMMENDS to Executive that:

Approves the Electric Vehicles, Infrastructure and Ultra Low Emission Vehicle Policy.

Financial Implications Refer to the financial implications in the Overview and Scrutiny report in appendix 1 Legal Implications See legal considerations in the Overview and Scrutiny report in appendix 1 Risk Assessment The identified risks have been considered in the Overview and Scrutiny report in appendix 1 Environmental/ This policy will support carbon reduction in the District. Climate Change Implications

Report Author David Eaton Environment Protection Manager [email protected] Portfolio Holder Cllr Alistair Dewhirst – Waste Management and Environmental Health Portfolio Holder Cllr Jackie Hook – Climate Emergency and Housing Portfolio Holder Appendices / Appendix 1 – Report to Overview and Scrutiny Committee Background Papers on the 12th November 2019 Appendix 2 Electric Vehicles, Infrastructure and Ultra Low Emission Vehicles Policy Appendix 3 Internal consultation response Appendix 4 Devon County Council response Appendix 5 Wider stakeholder response

Committee Date of meeting 45

1. INTRODUCTION / BACKGROUND The Overview and Scrutiny Committee considered the report of the Portfolio Holder for Waste Management and Environmental Health at its meeting on 12 November, 2019. The report and appendices are appended.

The consequential minute of the Overview and Scrutiny Committee is as follows:

Consideration was given to the agenda report which provided an update on the consultation results on the draft policy. During Committee discussion concern was expressed that: there were a variety of vehicle plug-in designs and it was considered that Government policy should seek a standardised plug in system for electric vehicles; rural area would miss out on electric plug-in locations; and the resources involve in making and disposing of car batteries, and the charging of batteries. The Portfolio Holder for Waste Management and Environmental Health advised that car manufacturers were pursuing the electric vehicle option for the future, and he understood research was looking into the reuse of second hand electric car batteries. RECOMMENDED that The Executive be advised that the Committee recommends approval of the Electric Vehicles, Infrastructure and Ultra Low Emission Vehicle Policy.

2. IMPLICATIONS, RISK MANAGEMENT & CLIMATE CHANGE IMPACT The implications are set out in the Overview and Scrutiny report which is appended.

4. CONCLUSION The Executive is requested to consider the recommendations of the Overview and Scrutiny Committee as detailed above.

Committee Date of meeting 46

TEIGNBRIDGE DISTRICT COUNCIL

OVERVIEW AND SCRUTINY COMMITTEE 12 NOVEMBER 2019

PART I

Report Title Electric Vehicles, Infrastructure and Ultra Low Emission Vehicles Policy Purpose of Report To consider the results of the consultation on the policy and make recommendations to the Executive. Recommendation(s) The Committee RECOMMENDS to Executive: 1) To approve the Electric Vehicles, Infrastructure and Ultra Low Emission Vehicles Policy

Financial Implications Refer to the financial implications in 2.1

Legal Implications See legal considerations in the report

Risk Assessment The identified risks have been considered in the report. Environmental/ This policy will support carbon reduction in the District. Climate Change Implications Report Author David Eaton Environment Protection Manager [email protected] Portfolio Holder Cllr Alistair Dewhirst – Waste Management and Environmental Health Portfolio Holder Cllr Jackie Hook – Climate Emergency and Housing Portfolio Holder Appendices / Minutes of Overview and Scrutiny Committee 4th March Background Papers 2019 Appendix 1 Electric Vehicles, Infrastructure and Ultra Low Emission Vehicles Policy Appendix 2 Internal consultation response Appendix 3 Devon County Council response Appendix 4 Wider stakeholder response

1. REPORT DETAIL 1.1 The draft policy was taken to Overview and Scrutiny Committee on the 4th March 2019. The purpose of the policy was to allow officers to focus attention on specific actions and signpost the public, members and local businesses for other areas of electric vehicle infrastructure or support. It was resolved that;

The progression of an Electric Vehicles, Infrastructure and Ultra Low Emission Vehicles Policy be approved for consultation as set out in the report.

Overview and Scrutiny 12 November, 2019 47

1.2 Officers have undertaken an internal consultation with key services. The consultation responses are in Appendix 2. Overall the responses are in agreement of the policy actions with some additional detailed considerations that will be taken into account as the projects are delivered.

1.3 Devon County Council officers’ response indicates broad support and they describe it as a great initiative. They are keen that all new public car parks including any new commercial public car parks have some sort of level of EV charging provision. Their response is in Appendix 3.

1.4 The wider public engagement received a number of responses from Town and Parish Councils. Those who responded were keen and in general want an acceleration of installation of EV charging points. The responses are in Appendix 4.

2. IMPLICATIONS, RISK MANAGEMENT & CLIMATE CHANGE IMPACT 2.1 Financial The installation of the four E.V. charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth has identified funding. The Devon and Exeter Low Carbon Energy and Transport Technology Innovator (DELETTI) bid has been accepted and will be match funded by Section 106 contributions.

Other projects would need to be considered by the Capital Review Board to identify funding.

The action in the policy to review the fleet contract could have a significant financial impact but this will be subject to separate detailed consideration.

2.2 Legal The agreements and licences required for the installation of Electric Vehicle Charging points on council land are being scrutinised by the legal team to ensure adequate due diligence is taken prior to entering any agreements.

2.3 Risks

Working in partnership with others to deliver Electric Vehicle charging points has risks should partners choose to not participate in the final project. Therefore putting the delivery of the whole project at risk. This is being mitigated by the signing of a collaboration agreement by all partners.

2.4 Environmental/Climate Change Impact Vehicle emissions are the main cause of air pollution in our district and also contribute to climate change. Delivering actions that offer an alternative to the petrol or diesel car will contribute to the declared climate emergency and the aim of becoming carbon neutral by 2025

Overview and Scrutiny 12 November, 2019 48

3. ALTERNATIVE OPTIONS The consultation has allowed consideration of a number of alternative options which are presented in the appendices.

4. CONCLUSION The consultation has demonstrated that actions proposed will support the move away from petrol and diesel cars towards ultra-low emission vehicles and other modes of sustainable transport.

The Council should now ensure it delivers on the actions within the policy.

Overview and Scrutiny 12 November, 2019 49 This page is intentionally left blank

Electric Vehicles charging Infrastructure and Ultra-low Emission Vehicles Policy

The vision of Teignbridge D.C.

We are committed to tackling climate change, reducing congestion and improving air quality. We will support local residents, businesses and visitors to our area who wish to use Electric Vehicles (EV’s) or other Ultra Low Emission Vehicles (ULEV’s) by the following actions;

 Requiring all future residential development proposals (with off street parking) to be “electric ready” to accommodate Electric Vehicle charging.

 To install four EV charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth.

 To submit an application for workplace grant aid to install Electric Vehicle charging points where there is off street parking designated for staff. At Forde House Council offices / Forde Road Vehicle Fleet Depot & Offices / Leisure Centres

 To review our vehicle fleet contract in 2021, to replace parts of the fleet with lower emission vehicles unless it is completely unfeasible.

 Unless it is completely unfeasible to provide EV charging points for public use in Council carparks to augment and link-in with the wider regional charging network, especially in the more remote yet popular locations and destinations.

 Within the taxi licencing process we will develop a replacement policy that progressively lowers emission limit requirements for fossil fuelled cars and eventual replacement with Ultra Low Emission Vehicles.

51 This page is intentionally left blank

Appendix 3 – Internal Consultation Responses Waste and Cleansing Response

Proposed key actions 1. Requiring all future residential development proposals (with off street parking) to be “electric ready” to accommodate EV charging. Agree

2. To install four E.V. charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth. Agree

3. To submit an application for workplace grant aid to install workplace charging points for staff at Forde House Council offices / Forde Road Vehicle Fleet Depot & Offices, Leisure Centres. Agree in principal pending involvement with any proposals for depot

4. To review our vehicle fleet contract in 2021, to replace parts of the fleet with lower emission vehicles except where completely unfeasible. Agree, although the review work would need to happen in 2020 to hit 2021 contract renewal dates.

Likely to be the vans rather than large refuse/recycling vehicles that go electric – as there are large numbers of vans there would be significant investment in charging infrastructure required in conjunction (linked to Q3)

5. Unless completely unfeasible to provide E.V. charging points in Council carparks to augment and link-in with the wider strategic charging network, especially in the more remote yet popular locations and destinations. Agree

6. Within the Taxi licencing process develop a replacement policy that progressively lowers emission limit requirements for fossil fuelled cars and eventual replacement with Ultra Low Emission Vehicles.

Parking Services

Proposed key actions 1. Requiring all future residential development proposals (with off street parking) to be “electric ready” to accommodate EV charging. Agree. I agree with this in principal but obviously we would have to get Planning on board with this so that it becomes policy that any future development had this included.

2. To install four E.V. charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth. Agree. The comments on this point are mostly surrounding charges. Firstly although the document indicates that 4 EV charging points be installed we need to ensure that there is a demand for these spaces. The risk we run by having a blanket amount in car parks is that we will find ourselves in a situation where the spaces are empty. Even if we charge for the spaces this would only apply when they are being used. We also need to look at the locations as some of our car parks have barriers which means that if TDC make the decision not to charge for people using the spaces, which is unlikely,

53

we would need to look at how they get in and out of the car park with no charge being made.

In Teignmouth there is a demand for spaces in the Summer and having spaces sitting empty would potentially result in complaints from members of the public, especially if we issue Penalty Charge Notices to vehicles parking in the bays and not using the charging facility.

3. To submit an application for workplace grant aid to install workplace charging points for staff at Forde House Council offices / Forde Road Vehicle Fleet Depot & Offices, Leisure Centres. Agree. Again just looking at the demand. Especially in the Leisure Centres there are times when there is no parking available and customers would be looking for a space with a charging space potentially sitting empty.

4. To review our vehicle fleet contract in 2021, to replace parts of the fleet with lower emission vehicles except where completely unfeasible. Agree. For Parking Services I cannot see that this would pose an issue, however there are some services that may need to be looked at due to the amount of time that they would be out and about and the distance that they would have to travel.

5. Unless completely unfeasible to provide E.V. charging points in Council carparks to augment and link-in with the wider strategic charging network, especially in the more remote yet popular locations and destinations. Agree. Is this not the same as putting charging points in the car parks

6. Within the Taxi licencing process develop a replacement policy that progressively lowers emission limit requirements for fossil fuelled cars and eventual replacement with Ultra Low Emission Vehicles. Agree

Leisure Services

Proposed key actions 1. Requiring all future residential development proposals (with off street parking) to be “electric ready” to accommodate EV charging. Agree

2. To install four E.V. charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth. Agree, but would 4 be sufficient or could more be added later.

3. To submit an application for workplace grant aid to install workplace charging points for staff at Forde House Council offices / Forde Road Vehicle Fleet Depot & Offices, Leisure Centres. Agree, but we don’t have allocated staff parking in the leisure centres so it would just be a shared facility.

4. To review our vehicle fleet contract in 2021, to replace parts of the fleet with lower emission vehicles except where completely unfeasible. Agree, We should set the example.

54

5. Unless completely unfeasible to provide E.V. charging points in Council carparks to augment and link-in with the wider strategic charging network, especially in the more remote yet popular locations and destinations. Agree

6. Within the Taxi licencing process develop a replacement policy that progressively lowers emission limit requirements for fossil fuelled cars and eventual replacement with Ultra Low Emission Vehicles. Unsure, I am not sure what impact that could have from a business perspective so shall leave that to those more informed than me. Spatial Planning

Proposed key actions 1. Requiring all future residential development proposals (with off street parking) to be “electric ready” to accommodate EV charging. Agree. Will require appropriate planning policy context to help deliver. Greater Exeter Strategic Plan is going to include a strong lead to seek such EV charging infrastructure for future residential development and will be subsequently embraced in the Teignbridge Local Plan Review.

2. To install four E.V. charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth. Agree. Will offer a beneficial and accessible location for many drivers and longer term positive impact on AQMA’s.

3. To submit an application for workplace grant aid to install workplace charging points for staff at Forde House Council offices / Forde Road Vehicle Fleet Depot & Offices, Leisure Centres. Agree. Represents a practical model for other local organisations to follow and offer a convenient facility for staff.

4. To review our vehicle fleet contract in 2021, to replace parts of the fleet with lower emission vehicles except where completely unfeasible. Agree. Needs to be done for all the above reasons and to keep Teignbridge in line with other similar public authorities in the south west.

5. Unless completely unfeasible to provide E.V. charging points in Council carparks to augment and link-in with the wider strategic charging network, especially in the more remote yet popular locations and destinations. Agree. Suggest assessing existing usage numbers of car parks, particularly at remoter locations, maybe a few would not warrant provision.

6. Within the Taxi licencing process develop a replacement policy that progressively lowers emission limit requirements for fossil fuelled cars and eventual replacement with Ultra Low Emission Vehicles. Agree. May need to consider time period carefully. Licensing

Proposed key actions 1. Requiring all future residential development proposals (with off street parking) to be “electric ready” to accommodate EV charging. Agree.

55

2. To install four E.V. charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth. Agree.

3. To submit an application for workplace grant aid to install workplace charging points for staff at Forde House Council offices / Forde Road Vehicle Fleet Depot & Offices, Leisure Centres. Agree.

4. To review our vehicle fleet contract in 2021, to replace parts of the fleet with lower emission vehicles except where completely unfeasible. Agree.

5. Unless completely unfeasible to provide E.V. charging points in Council carparks to augment and link-in with the wider strategic charging network, especially in the more remote yet popular locations and destinations. Agree. Where practical to put E.V charging points in villages to encourage rural communities.

6. Within the Taxi licencing process develop a replacement policy that progressively lowers emission limit requirements for fossil fuelled cars and eventual replacement with Ultra Low Emission Vehicles. Agree.

56

Appendix 4 – Devon County Council Response

Proposed key actions 1. Requiring all future residential development proposals (with off street parking) to be “electric ready” to accommodate EV charging. Agree. Where there is also new development with on street or other adoptable parking areas and in particular any developments with predominantly onstreet parking. Provision for future EV charging should also still be considered. i.e. To provide suitable power services\power capacity for future connections to EV chargepoints

2. To install four E.V. charging points in council car parks in / or close to the Councils local Air Quality Management Areas for Newton Abbot and Teignmouth. Agree

3. To submit an application for workplace grant aid to install workplace charging points for staff at Forde House Council offices / Forde Road Vehicle Fleet Depot & Offices, Leisure Centres. Agree

4. To review our vehicle fleet contract in 2021, to replace parts of the fleet with lower emission vehicles except where completely unfeasible. Agree

5. Unless completely unfeasible to provide E.V. charging points in Council carparks to augment and link-in with the wider strategic charging network, especially in the more remote yet popular locations and destinations. Agree. In a similar manner to the consideration and provision of disabled, motorcycle or even cycle parking in council public car parks. It would be good to see an aspiration for all new public car parks including any new commercial public car parks to have some level of EV charging provision.

6. Within the Taxi licencing process develop a replacement policy that progressively lowers emission limit requirements for fossil fuelled cars and eventual replacement with Ultra Low Emission Vehicles. Agree

As per (5). Consideration of requirements for EV charging in new developments with commercial public car parks including any redevelopment\expansion at existing sites. And considering requirements for EV charging in private parking areas at any new employment sites with staff parking provision above a certain capacity. Not a direct comment for (6). But it would be good to see some recognition of liaison across licensing authorities regarding ULEV policies for taxi and PHV fleets. Not only to even out the cost burden for operators across the County. But to reduce the chances of any older higher emission Taxis/PHV’s poaching trade in the urban areas that may have AQMA’s.

57 This page is intentionally left blank

Appendix 5 – Wider Stakeholder Response Exminster Parish Council At its meeting on Monday 7th October, Exminster Parish Council reviewed your draft policy and agreed that it supports all of the 6 action points made. Regarding point 2, the Council would bring your attention to a previous planning application, 17/01904/FUL, from Matford Filling Station, that relates to 2 electric charging points for the area. Exminster is currently in the process of analysing answers to its latest Community Plan questionnaire, which relate to electric charging points. Please let us know if you feel that information gathered on this subject would be useful to you Bovey Tracey Town Council At a meeting of Bovey Tracey Town Council’s Planning Committee yesterday, members discussed your vision and the practical ways you are preparing for cleaner ways of travelling, working and transporting. Members support the proposed draft pledges for action. In addition, in relation to pledge no. 5, members have asked that I advise you of the proposed development of the Community Centre building which is due to be constructed on the site adjacent to Station Road Car Park in Bovey Tracey. Work has recently started on site and the main construction work will commence in October 2019. Members felt that potentially this provides an opportunity to work in partnership to look to install an EV Charging Point in Station Road Car Park if TDC have the funding, at relatively little cost as we have contractors working on site over the next 8 months. Pledge 5 refers to EV charging points in council car parks for public use in the more remote, yet popular destinations and we feel that Bovey could help Teignbridge to partially deliver this aim. Ideford Parish Council Many thanks for giving Ideford Parish Council an opportunity to consider this initiative. To start with, we feel that you are, indeed going in the right direction. Any proposals and initiatives to provide a cleaner and greener lifestyle are to be applauded and supported wherever possible. This is a very rural parish and the proposals were considered to be “urban centric” to a certain degree whilst recognising that a start has to be made somewhere. We were certainly very supportive of action 5 and hoped it would go some way to making charging points available in more remote areas. Moretonhampstead Parish Council Thank you for your email of 23 August. Moretonhampstead Parish Council considered your email at its meeting on 3 September. The Parish Council is in favour of installing electric vehicle charging points in public car parks (point 5 of your email) and requests that charging points be installed in both Teignbridge District Council car parks in Moretonhampstead.

59

Buckfastleigh Town Council Buckfastleigh Town Council discussed the installation of electric charging points in council car parks for public use - No. 6 of the actions in the EV Charging Infrastructure and Ultra-low Emission Vehicles Policy, at its meeting held on 4th September 2019 and would comment as follows:

 Installing charging points would require the use of at least 2 parking bays and as some of the town’s car parks are regularly full, it was felt that the most appropriate place for installation would be in the Victoria Woodholme car park. This car park is easily accessible from the A38 and would provide a useful location as there are currently no charging points between the Tesco car park at Lee Mill and Dartington.  Buckfastleigh is adjacent to the A38 midway between and Exeter.  The provision of charging points would encourage visitors and bring income into the town.  There are other potential locations which could be looked at such as the South Devon Railway and the Football Club.  The Town Council would like the opportunity to discuss any proposed sites with Teignbridge prior to installation.

With reference to Action Point 1. – will the residential sites with current development proposals in Buckfastleigh be included? Dawlish Town Council What about Dawlish and Dawlish Warren where there are large very busy carparks? Ilsington Parish Council Ilsington parish council considered these proposals and while they support the idea they feel that it may take time to see the effects within the rural communities Ashburton Climate Emergency Group via Ashburton Town Council We welcome Teignbridge’s current consultation on the ‘Plug-In’ Revolution and its stated commitment to “tackling climate change, reducing congestion and improving air quality”. We agree that more and more people want a ‘cleaner and greener’ lifestyle and that the demand for cleaner travel is increasing. This was reflected in a recent pilot survey we carried out of residents and visitors to Ashburton. As you will know transport is now the single largest source of greenhouse gas emissions in the UK, accounting for 27% of domestic emissions. While annual emissions have fallen steadily in some other sectors, notably the power sector, emissions from transport are flat-lining or even increasing with the transport sector accounting for 52% of CO2 emissions in Teignbridge. We agree that supporting the use of Electric Vehicles (EVs) or other Ultra Low Emission Vehicles (ULEVs) is one part of a transport strategy to tackle the climate emergency. The six pledges for action in your consultation are a start but we think

60

they are not ambitious enough and urge you to go further; to consult on a more comprehensive transport strategy for Teignbridge in line with the climate emergency declaration; and to lobby Devon County Council and the Government in this regard. The need for more ambitious targets was highlighted by The Committee on Climate Change’s recent report which concluded that the majority of new cars and vans should be electric by 2030 if the UK is to meet its target to cut emissions. This is a tougher than the current target of 2040 even with their target of a carbon neutral by 2050 which the science indicates is way too late. As far as your EV pledges 2, 3 and 5 are concerned we urge you to provide many more charging points than it appears you are proposing. In particular, we ask that you provide several charging points in Ashburton, Kingsbridge Lane car park and to provide facilities for charging electric bicycles. These are needed to serve the residents of the Ashburton area, the many thousands of visitors to the town and Dartmoor and drivers using the A38 corridor on longer distance trips. Can we also request that as increasing need is predicted, and to prevent unnecessary future disruption ambitious infrastructure (e.g. ducting, power distribution facilities etc) should be installed. As far as EVs are concerned we would suggest that Teignbridge DC should lobby the Government and other stakeholders to • Regulate so that by 2030 all new car and van sales will be ULEVs, and nearly all zero-emission battery electric vehicles; • reform the grant scheme for electric cars to a trade-in rebate system; • offer financial support for electric car clubs, public transport and e-bikes.

As far as the wider strategy for reducing the impact of transport on the climate is concerned, we would ask you to develop specific proposals and lobby to: • reduce carbon (and pollutant) emissions from road transport • introduce measures and targets to reduce car traffic and increase public transport, cycling and walking; • reduce the number of miles driven overall; • reduce fossil fuel energy per mile. The knock-on benefits of such measure will include better air quality, fewer accidents, health benefits, quieter neighbourhoods, improved public spaces and a more equitable transport system. We would welcome further discussion with you and your colleagues on how this could be achieved in Ashburton and look forward to hearing from you.

61

62 Agenda Item 9

TEIGNBRIDGE DISTRICT COUNCIL

EXECUTIVE PART 1

07 JANUARY 2019

Report Title TOWN & PARISH COUNCIL SERVICE DEVOLUTION AND ASSET TRANSFER POLICY

Purpose of Report To provide an update on progress to deliver the outcomes required by the Council’s Asset Management Strategy

Recommendation(s) That the Executive resolve to:

1) adopt he ‘Town and Parish Council Service Devolution & Asset Transfer Policy’

2) make the application process available on-line as well as in paper format

Executive 07 January 2020 63 Financial Implications There are no direct financial implications as indicated in 2.2 however adoption of the policy will allow some flexibility to review the use of assets held and the on-going financing of their use in the future. Martin Flitcroft, Chief Finance Officer Tel: 01626 215237 Email: [email protected] Legal Implications The Policy will help the Council ensure that it complies with the requirements of the Local Government Act (1972). In addition, with the introduction of due diligence, it will ensure that health and safety matters are considered prior to any transfer.

Risk Assessment Tony Watson Tel: 01626 215828 Email: [email protected]

There is not considered to be any significant risk in adopting the policy. However, it should help mitigate the risk of transfers made without the transferee having first been made aware of and having considered the full implications of taking on the delivery of a service and/or associated premises.

Environmental/ No specific implications relating to climate change or the Climate Change environment Implications Report Author Tony Watson

Tel: 01626 215828 Email: [email protected]

Portfolio Holder Councillor Alan Connett Portfolio Holder for Corporate Resources

Appendices A: Draft Town and Parish Council Service Devolution & Asset Transfer Policy

Background Papers Asset Management Strategy Executive Report 4th December 2018

1. PURPOSE Provide progress update on the delivery of the Council’s Asset Management Strategy and the tenanted portfolio.

2. REPORT DETAIL 2.1 Background

Executive 07 January 2020 64 In December 2018, the Council adopted an Asset Management Strategy. The following supporting policies were also adopted at this time:-  Land and Buildings Disposal Policy  Land and Building Acquisition Policy

Members also considered a draft “Town and Parish Council Service Devolution & Asset Transfer Policy” for comment prior to consultation with the Teignbridge Association of Local Councils (TALC). This policy is now being considered for adopted under a separate report.

The draft policy was introduced at the TALC meeting on 7th February 2019 and comments were invited. No changes have been made to the draft following the consultation as no comments were received. However, in the interim, the application process has been piloted by a number of councils and this has proved successful.

The Policy

The Council recognises that the devolution of assets and associated services to town and parish councils can make a significant contribution to enabling them to be a stronger, more resilient and sustainable local communities. This is not a new concept and the Council has already supported local communities by undertaking such transfers in the past.

The Council has a requirement to be able to balance the aspirations of local communities to take on the guardianship of public property assets and delivery of services, with the duty of care it must have in safeguarding the best interests of Teignbridge residents. The introduction of this policy and application procedure set out within this policy is intended to establish a clear approach and governance to service devolution and asset transfer.

2.2 Financial There is no direct financial impact in adopting the Policy. 2.3 Legal The Policy will help the Council ensure that it complies with the requirements of the Local Government Act (1972). In addition, with the introduction of due diligence, it will ensure that health and safety matters are considered prior to any transfer.

2.4 Risks There is not considered to be any significant risk in adopting the policy. However, it should help mitigate the risk of transfers made without the transferee having first been made aware of and having considered the full implications of taking on the delivery of a service and/or associated premises.

2.5 Environmental/Climate Change Impact There is not considered to be any environmental/climate change impact based on the recommendations of this report.

3. OPTIONS  Adopt a policy and associated application process to support the transfer of services and/or assets to town and parish councils.

Executive 07 January 2020 65  Do not adopt a policy and associated application process in relation to the transfer of services and/or assets to town and parish councils.

4. CONCLUSION The recommended course of action is as follows:

1) Adopt the ‘Town and Parish Council Service Devolution & Asset Transfer Policy’

2) Make the application process available on-line as well as in paper format.

Executive 07 January 2020 66

Teignbridge District Council

Town & Parish Council Service Devolution and Asset Transfer Policy

Date: November 2019

Teignbridge District Council Forde House Brunel Road Newton Abbot Devon TQ12 4XX www.teignbridge.gov.uk

1 | P a g e

67

Teignbridge District Council

Town & Parish Council Service Devolution and Asset Transfer Policy

Contents

1.0 Introduction ………………. …………………………………………………………. 3 2.0 Service Devolution and Asset Transfer ……………... …………………...... 3 3.0 Service Devolution….. ………………………………………………….…………… 4 4.0 Asset Transfer …………………………………………………….………………… 5 5.0 Disposing of a property asset for less than best consideration………...... 6 6.0 Mitigating the risk of an unsuccessful transfer ……………………………….. 6 7.0 The Approval Process ………………………………………………………………. 7

9 Appendix A – Sec.123 Local Government Act 1972 …………………..……….. Appendix B – General Disposal consent (England) 2003………….………....… 10 Appendix C – Guidance & Application Form ……………..……………..…………. 17 Appendix D – Amenity Maintenance Services……………………………………. 27

2 | P a g e

68

Teignbridge District Council

Service Devolution and Asset Transfer Policy

1.0 Introduction

1.1 The Council recognises that the devolution of assets and associated services to town and parish councils makes a significant contribution to enabling them to be stronger, more resilient and sustainable local communities

1.2 There are potential benefits to be had in empowering the local community to develop facilities based on local needs and preferences, and retain the services most important to those neighbourhoods. Further, this supports the Teignbridge Ten super project ‘Strong Communities’ and the action to encourage councillors to help develop and deliver local ideas.

1.3 This is not a new concept and the Council has already supported local communities by undertaking such transfers in the past.

1.4 The Council has a requirement to be able to balance the aspirations of local communities to take on the guardianship of public property assets and delivery of services, with the duty of care it must have in safeguarding the best interests of Teignbridge residents. The introduction of this policy and application procedure set out within this policy is intended to establish a clear approach and governance to service devolution and asset transfer.

1.5 Please note that while out of necessity, the policy document covers some technical and legal aspects and therefore reads quite formally, the overall purpose of the document is to enable the Council to work better with the local town and parish councils.

2.0 Service Devolution and Asset Transfer

2.1 Teignbridge will promote and facilitate the transfer of assets (by way of freehold or leasehold) and devolve services to town and parish councils where it is deemed more appropriate for those assets and services to be delivered by third tier local government.

2.2 Delivery of services and property assets are intrinsically linked: Teignbridge has responsibility for land and buildings held for the following reasons:-

a) For the purpose of direct service delivery (such as parks and gardens)

b) To support service delivery (for example administrative offices and depots)

3 | P a g e

69

c) To support the Council’s wider policy objectives. This part of the portfolio is varied: Many assets have been made available for social or sporting purposes or are retained for a range of reasons such as a potential to contribute to future regeneration schemes or provide workspace for local employment provision. In addition, the portfolio provides a valuable revenue income which in turn helps to support the Council in delivering important services to its residents.

2.3 Where practicable, services and/or property types will be considered for transfer in a wholesale fashion rather than on an asset by asset basis to ensure management efficiencies can be realised. For example, if one area of amenity land is being proposed for transfer, all amenity land within the boundary should be included for consideration. Another example would be the transfer of a play park with the associated field, not just the park or the field.

3.0 Service Devolution

3.1 The transfer of both statutory and discretionary services can be facilitated; although where services which Teignbridge District Council has a duty to provide have been transferred, the ultimate responsibility will remain with it. Responsibility for delivering the service may be transferred to a town or parish council under clear contractual arrangements. The town or parish council will then become responsible for the delivery of those services in accordance with the terms of a Service Delegation Agreement. Where the Council has an underlying statutory responsibility, the Council must be able to terminate the service delegation agreement at any given time.

3.2 Where responsibility for discretionary services is transferred, Teignbridge District Council will cease to be responsible and accountable for the delivery of these services. These is also no guarantee that the Council would consider re-assuming delivery of the service. A clear, written declaration must be made by the Council and accepted by the town or parish council to that effect.

3.3 There may be strategic reasons for Teignbridge District Council to retain ownership of the asset but where the responsibility of providing services could be devolved. In some cases, the transfer of the freehold of an asset may not be considered where:-

a. Where there is a net income or a strategic benefit to the Council which would prevent the asset transfer but for the amenity maintenance services (see Appendix D). Examples might include Council depots, development sites, pay & display car parks.

b. Where there is only a small area of Council owned land and the costs of transfer is prohibitive (unless the local town or parish council are prepared to fund the transfer).

c. Where there is a large number of small non-strategic open space land parcels. These are most efficiently and successfully managed via a service delegation agreement. In these cases, a fixed term tenancy of 7 years (less 5 4 | P a g e

70

days) will be granted. (A lease of this length is exempt from s123 “best consideration” tests.)

Should the town or parish council wish to have the freehold of these legally transferred, it will be the responsibility of that town or parish council to undertake all the required due diligence and fund all legal costs.

d. Adjoining/surrounding land is not to be transferred

e. There are historic and/or complex land issues which would make a freehold transfer resource prohibitive to both Teignbridge District Council and town or parish council. In these cases, a fixed term tenancy of 7 years (less 5 days) will be granted.

3.4 Following the date of transfer, Teignbridge District Council will not be responsible for delivery of any of the amenity maintenance services listed in Appendix D within the defined boundary. The town or parish council will perform the services within the boundary indefinitely on and from the transfer date to the minimum standards required by any relevant legislation. Any decision thereafter to provide enhanced service provision beyond legal requirements will be at the discretion of the relevant town or parish council. The town or parish council would take responsibility for all consequences: financial, contractual, safety or otherwise for the services delivered and the management of associated property assets.

3.5 The delegation of services will not affect any rights Teignbridge District Council may have to dispose of, transfer, assign, lease or otherwise deal with its land in its capacity as freehold owner.

4.0 Asset Transfer

4.1 Asset transfer relates to disposal by way of a freehold or leasehold arrangement at less than best consideration; that is at a price or rent below the market value. Any freehold transfer on this basis will be subject to the Council having a first call on the property should the asset become surplus to the transferee’s requirement i.e. a future decision is made by the transferee to sell the premises. This will be based on the Council paying no more than the original transfer amount.

4.2 Should the Council wish to waive its right to buy back the asset, a clawback overage provision will protect the Council’s original interest should the site be sold on the open market and permission granted for a higher value use. Such provision will be made for a 25 year period and a 50% share in the increase in the value of the land from the transfer price to the value with the benefit of planning permission. The trigger dates will be the date of the sale of the land with the benefit of planning permission or implementation of the planning permission.

4.3 A leasehold interest may be granted for a period of up to 125 years. A leasehold transfer can be a preferred method of disposal where the Council wish to exert some continued control over the asset. 5 | P a g e

71

4.4 Property assets will be considered for transfer where one or more of the following benefits will be provided:-

a) The transfer of the asset will provide social, economic or environmental well- being benefits to the local community. (For example through the ability to manage and regulate an open space at a local level) b) The transfer would be a ‘tidying up’ exercise, passing incidental pieces of land and landscaping, or parts of these, to a local level c) The asset has the potential to provide for a community facility which the parish or town council has demonstrated they have the skills, drive and access to resources to deliver (For example, a village hall) d) The transfer of the asset will enable the continuation of a service to the local community that Teignbridge District Council is no longer able to provide. (For example, public conveniences) e) A community partnership can be entered into based on public access to and use of an asset f) It is believed that the town or parish council would be able to secure grant funding and or have access to funding streams not available to the District Council.

4.5 Property assets unlikely to be considered for devolution include the following:-

o Assets that generate an immediate income to the Council and or are held to fulfil strategic priorities of the Council (e.g. Pay & display car parks and employment space)

o Assets held for future capital realisations

o Land held for future development of a Council or partner scheme

o Vacant land or buildings that can generate a capital receipt in excess of £10,000. This is the de-minimus level for capital accounting purposes

5.0 Disposing of a property asset for less than best consideration

5.1 The Council may dispose of surplus land and property having regard to the provisions in section 123 of the Local Government Act 1972 (Appendix A) and the General Disposal Consent 2003 (Appendix B). This legislation ensures that property is disposed of at the best price obtainable subject to certain exceptions.

5.2 The exception is where the authority considers that the purpose of the disposal at less than best price will achieve the promotion or improvement of the economic, social or environmental well-being for the area and/or local residents. Valuation advice should be reported to set out the unrestricted (best price obtainable) and restricted values, together with the value of conditions. This will ensure that the monetary value to the authority can be taken account.

6.0 Mitigating the risk of an unsuccessful transfer

6.1 It is proposed that town and parish councils will be able to apply for the delegation of service provision and/or transfer of property by submitting an Application Form (Appendix C). The application form includes a section titled ‘General Considerations

6 | P a g e

72

and Practicalities’. This section requests that applicants are clear about the following:-

a) The aims and objectives for the land or building; b) the need and demand for the services proposed; and c) that the decision to take responsibility for a service and/or property asset should benefit the local community by allowing more effective service provision.

6.2 Where a property asset is to be transferred, the Practicalities section also requests consideration of premises costs and responsibilities and, the submission of a Premises Management Plan - detailing who will be responsible for decisions relating to the property, along with responsibilities for the day-to-day management of the premises and legislative compliance. Issues expected to be addressed will include cleaning, fire safety, health & safety, repairs, management of costs and income and, general administration.

6.3 By requiring the Premises Management Plan, it is anticipated that the implications of taking on the property and/or service management arrangements will have been given careful consideration by the applicant. This early planning will help to mitigate the risk of an unsuccessful transfer.

7.0 The Approval Process

7.1 On receipt of an application, Economy & Assets consult with: i. Finance ii. Legal iii. The relevant Portfolio Holder/s iv. Housing v. Environment & Leisure vi. Ward Members vii. HR (where application is in relation to an in-house run service that might result in TUPE or redundancies)

If there is a valid reason given that the service and or premises should not be transferred e.g. for strategic reasons such as the site having been identified for development or operational use, the request will be refused. The responses will be considered in the round and one consultee may not necessary veto the decision.

7.2 If there are no objections raised against a proposed transfer of a property asset by the consultees, the property will be deemed surplus for disposal.

7.3 If it is proposed that the property be transferred at less than best consideration, a valuation will be undertaken to establish the under-value (the difference between the market value and restricted value). This ‘under value’ will be reported to the Executive. In addition, the Executive will satisfy itself that the ‘well-being’ requirements have been met (as explained further in Appendix A). This is to enable the Council to ensure compliance with the requirements of the Local Government Act 1972. Any costs incurred by the Council in seeking the relevant valuation advice will be met by the applicant.

7 | P a g e

73

7.4 When considering the disposal of public open space, the legal requirements of the Council to advertise proposed disposals and consider objections, must be complied with. Open Space is defined as “any land, laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground”.

7.5 The Council is obliged to give notice of the intention to dispose by placing a public notice in the local newspaper for two consecutive weeks. Any objections must then be considered by the appropriate decision maker. Applicants will be required to meet the costs of advertising the proposed disposal.

7.6 Heads of Terms will be negotiated and agreed between the Estates Team and relevant town or parish council in relation to any property asset transfer. Service delegation agreements negotiated and agreed between the applicable service Business Lead and relevant town or parish council.

7.7 The relevant authority will be sought for approval of the transfer in line with the Council’s Financial Instructions for disposal of land and buildings where a market value is being paid for the premises. Service delegation agreements will also be considered for approval.

7.8 The Legal Team will be instructed by the Estates Team to prepare and complete the relevant legal document/s for the transfer of any property (whether by leasehold or freehold). Relevant Business Leads will instruct the Legal Team in respect of Service delegation agreements.

.

.

8 | P a g e

74

Appendix A s.123 Local Government Act 1972 (as amended)1

(1) Subject to the following provisions of this section, a principal council may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(2A) A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

(2B) Where by virtue of subsection (2A) above a council dispose of land which is held—

(a) for the purpose of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

(3)—(6) (Repealed)

(7) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a) of the grant of a term not exceeding seven years, or

(b) of the assignment of a term which at the date of the assignment has not more than seven years to run;

and in this section “public trust land” has the meaning assigned to it by section 122 (6) above.

1 http://www.legislation.gov.uk/ukpga/1972/70/section/123 9 | P a g e

75

Appendix B

The Local government Act 1972: General Disposal Consent (England) 20032

1. The First Secretary of State ("the Secretary of State"), in exercise of the powers conferred by sections 123(2),127(2) and 128(1) of the Local Government Act 1972, hereby gives consent to a disposal of land 2 otherwise than by way of a short tenancy 3 by a local authority in England in the circumstances specified in paragraph 2 below.

2. The specified circumstances are:

a) the local authority considers that the purpose for which the land is to be disposed is likely to contribute to the achievement of any one or more of the following objects in respect of the whole or any part of its area, or of all or any persons resident or present in its area;

i) the promotion or improvement of economic well-being;

ii) the promotion or improvement of social well-being;

iii) the promotion or improvement of environmental well-being; and

b) the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal does not exceed £2,000,000 (two million pounds).

Interpretation and savings

3. (1) In this instrument -

"local authority" means:

i) London borough council;

ii) a county council;

iii) a district council;

iv) a parish council and parish trustees acting with the consent of a parish meeting;

v) a National Park authority;

vi) a Metropolitan Borough Council

vii) a joint authority established under Part IV of the Local Government Act 1985;

viii) a police authority established under section 3 of the Police Act 1996;

ix) the Metropolitan Policy Authority;

2 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7690/462483.pdf 10 | P a g e

76

x) the London Fire and Emergency Planning Authority;

xi) the Broads Authority;

xii) the Council of the Isles of Scilly;

and any other person to whom, by virtue of statute, section 123(2) or section 127(2) of the Local Government Act 1972 applies;

"unrestricted value" means the best price reasonably obtainable for the property on terms that are intended to maximise the consideration, assessed in accordance with the procedures set out in the Technical Appendix.

(2) Nothing in this instrument shall be construed as giving consent to a disposal for any purpose for which the consent of the Secretary of State is required by virtue of section 25(1) of the Local Government Act 1988, section 133(1) of the Housing Act 1988, section 32(2) or section 43(1) of the Housing Act 1985, or otherwise as having effect as a consent for any purposes other than those of Part 7 of the Local Government Act 1972.

Citation and revocation

4. (1) This instrument may be cited as the Local Government Act 1972 General Disposal Consent (England) 2003 and shall come into effect on 4 August 2003.

(2) The Local Government Act 1972 General Disposal Consents 1998 are hereby revoked insofar as they apply to England.

Signed by authority of the First Secretary of State

Lisette Simcock

30 July 2003 Divisional Manager

Plans, International, Compensation and Assessment Division

11 | P a g e

77

Technical Appendix

Valuations For The Purpose Of Determining Whether Proposed Land Disposals Under The Terms Of The Local Government Act 1972 Fall Within The Provisions Of The General Disposal Consent 2003

The Valuation Report

1. An application to the Secretary of State for a specific consent to dispose of land under the terms of Part 7 of the Local Government Act 1972 for less than the best consideration reasonably obtainable must be supported by a report prepared and signed by a qualified valuer (a member of the RICS), providing the following information.

Valuations

2. The report should set out the unrestricted and restricted values together with the value of conditions. Where any of these is nil this should be expressly stated. The valuer should also describe the assumptions made. These might include, for example, existing or alternative uses that might be permitted by the local planning authority, the level of demand and the terms of the transaction. The effect on value of the existence of a purchaser with a special interest (a special purchaser) should be described.

3. The Consent removes the requirement for authorities to seek specific consent from the Secretary of State where the difference between the unrestricted value of the land to be disposed of and the consideration accepted is £2,000,000 or less. The purpose of requiring the restricted value and the value of conditions to be reported as well as the unrestricted value is to ensure that the monetary value to the authority of any voluntary conditions can be taken into account when applications for specific consent are considered by the Secretary of State.

4. The valuer should take into account the requirements of the RICS Appraisal and Valuation Standards (Fifth Edition), ("the Red Book"), including UK Guidance Note 54. All values should be assessed in capital, not rental, terms; and where a lease is to be granted, or is assumed by the valuer to be granted, the valuer should express the value of the consideration as a capital sum.

Unrestricted value

5. The unrestricted value is the best price reasonably obtainable for the property and should be expressed in capital terms. It is the market value of the land as currently defined by the RICS Red Book (Practice Statement 3.2)5, except that it should take into account any additional amount which is or might reasonably be expected to be available from a purchaser with a special interest (a "special purchaser"). When assessing unrestricted value, the valuer must ignore the reduction in value caused by any voluntary condition imposed by the authority. In other words, unrestricted value is the amount that would be paid for the property if the voluntary condition were not imposed (or it is the value of the property subject to a lease without the restriction).

12 | P a g e

78

6. In general terms, unrestricted value is intended to be the amount which would be received for the disposal of the property where the principal aim was to maximise the value of the receipt. Apart from the inclusion of bids from a purchaser with a special interest it is defined in the same way as market value. For example, the valuer should take account of whatever uses might be permitted by the local planning authority insofar as these would be reflected by the market rather than having regard only to the use or uses intended by the parties to the proposed disposal.

7. The valuer should assume that the freehold disposal is made, or the lease is granted, on terms that are intended to maximise the consideration. For example, where unrestricted value is based on the hypothetical grant of a lease at a rack rent, or a ground rent with or without a premium, the valuer should assume that the lease would contain those covenants that a prudent landlord would normally include. The valuer should also assume that the lease would not include any unusual or onerous covenants that would reduce the consideration, unless these had to be included as a matter of law.

8. In the case of a proposed disposal of a leasehold interest, or where the valuer has assumed that a lease would be granted, the unrestricted value should be assessed by valuing the authority's interest after the lease has been granted plus any premium payable for its grant. This will usually be the value of the authority's interest subject to the proposed or assumed lease. In other words, it will be the value of the right to receive the rent and other payments under the lease plus the value of the reversion when the lease expires.

9. Where an authority has invited tenders and is comparing bids, the unrestricted value is normally the highest bid. But where, on the advice of the authority's professionally qualified valuer, the authority considers that the highest submitted tender is unrealistically high, or is too low, the unrestricted value may be assessed by the valuer.

Restricted value

10. The restricted value is the market value of the property having regard to the terms of the proposed transaction. It is defined in the same way as unrestricted value except that it should take into account the effect on value of any voluntary condition(s).

11. Where the authority has invited tenders and is comparing bids, the restricted value is normally the amount offered by the authority's preferred transferee. In other cases it is normally the proposed purchase price.

12. In cases where the proposed consideration is more or less than the restricted value both figures need to be given.

Voluntary conditions

13. A voluntary condition is any term or condition of the proposed transaction which the authority chooses to impose. It does not include any term or condition which the authority is obliged to impose, (for example, as a matter of statute), or which runs with the land. Nor does it include any term or condition relating to a matter which is a discretionary rather than a statutory duty of the authority.

13 | P a g e

79

14. The value of voluntary conditions is the total of the capital values of voluntary conditions imposed by the authority as terms of the disposal or under agreements linked to the disposal that produce a direct or indirect benefit to the authority which can be assessed in monetary terms. It is not the reduction in value (if any) caused by the imposition of voluntary conditions and any adverse effect these may have on value should not be included in this figure.

15. The proposed disposal, or an agreement linked with it, may give rise to non-property benefits to the authority. For example, these might include operational savings or income generated as a result of the transaction where the authority has an associated statutory duty. The monetary value of these benefits to the authority should be included in the value of voluntary conditions.

16. Where the status in law of a voluntary condition is unclear, the authority may need to seek legal advice as to whether the condition is such that its value to the authority can form part, or all, of the consideration. Conversely, there may be cases where, in law, the condition can form part, or all, of the consideration but it has no quantifiable value to the authority.

17. Where the valuer is not qualified to assess the value of any benefits (for example, of share options) the report should make clear the extent to which the valuer accepts liability for the figures. Where the valuer does not accept full responsibility the report should make it clear by whom the remainder of the figures have been assessed, and copies of any valuations or advice received from accountants or other professional advisers should be annexed.

18. All the values given should be in capital, not rental, terms; and the values of individual conditions as well as the total should be provided. Where there are no conditions, or their value is nil, this should be stated.

Valuation of Options

19. A discount may occur in connection with the consideration for either the grant of an option or the exercise of an option, or both. Where the consideration is less than the best price that can reasonably be obtained, (or where the valuer considers that if the option were to be exercised its terms would require the authority to accept less than the best consideration that can reasonably be obtained), the valuations described in paragraphs 20 and 21 below must be provided in support of an application for disposal consent.

Payment for the grant of an option

20. In explaining the basis for calculating the consideration for the grant of an option, the valuer's report needs to include the following information, based on the most likely date for the exercise of the option:

a) the unrestricted value of the option to be granted;

b) the proposed cash consideration for the option to be granted (which may be nominal or nil); and

14 | P a g e

80

c) the value to the authority of any terms or conditions which, in the valuer's opinion, form part of the consideration for the option to be granted.

The grant of an option will then be at an undervalue where the unrestricted value at (a) exceeds the proposed cash consideration at (b) plus the value of any conditions at (c) (ie: where a > (b+c)).

Consideration for the exercise of an option

21. In explaining the basis for calculating the consideration for the interest to be disposed of under an option, the valuer's report should include the following information, based on the most likely date for the exercise of the option:

a) the unrestricted value of the interest to be disposed of under the option, disregarding the effect of the option;

b) the proposed cash consideration for the interest to be disposed of under the option (which may have been specified in the terms and conditions for the granting of the option); and

c) the value to the authority of any terms or conditions which, in the valuer's opinion, form part of the consideration for the interest to be disposed of under the option.

The disposal of an interest pursuant to an option will then be at an undervalue where the unrestricted value of the interest at (a) exceeds the proposed cash consideration at (b) plus the value of any conditions at (c) (ie: where a > (b+c)).

Development Land

22. In cases where there is no detailed scheme, the valuer should make reasonable assumptions about the form of the development.

Negative Development Value

23. Where the value of the completed scheme is less than the development cost, (for example, where there is low demand or high costs associated with land reclamation or decontamination), the valuer should assess the unrestricted value by making reasonable assumptions about such matters as alternative uses that might be permitted by the local planning authority and the level of demand. Where the proposed scheme is the most profitable but still produces a negative development value the unrestricted value will be nil and therefore a disposal at nil consideration will not be at an undervalue. But where land with a negative development value has a positive value for some other use the disposal would be at an undervalue.

General Effect Of Grants On Values

24. The valuer should consider whether the value of the site is in any way affected by the prospect of grant and take this into account in the valuation. If the valuation is based on

15 | P a g e

81

assumptions that disregard the effect of grant then this should be stated in the valuation report. When assessing a value for a use other than that for which a grant has been approved, the valuer should consider the likelihood of any such use achieving planning consent.

1 For the purposes of the 1972 and 1990 Acts 'open space' is defined in section 336(1) of the latter Act.

2 By section 270, land includes any interest in land, and any easement or right in, to or over land.

3 By sections 123(7) and 127(5), a short tenancy is a tenancy, which is granted for seven years or less, or the assignment of a term, which has not more than seven years to run. Disposals by way of a short tenancy do not need consent, see sections 123(2) and 127(2) of the 1972 Act.

4 RICS Appraisal and Valuation Standards (Fifth Edition), UK Guidance Note 5:'Local authority disposals at an undervalue' published 1 May 2003

5 [see above]

16 | P a g e

82

APPENDIX C – Service Devolution & Asset Transfer Policy: Guidance & Application Form

Service Devolution & Transfer of Premises to

Town and Parish Councils

Guidance & Application Form

17 | P a g e

83

Contents

General Considerations and Practicalities 2

Application Guidance 3

Application Form 4-8

General Considerations

Before making an application to run a service or for the transfer of an asset from Teignbridge District Council (TEIGNBRIDGE DISTRICT COUNCIL), it is important to consider your options carefully. Below are some general aspects which should be considered before making an application.

The aims and objectives for the land or building. By having clear objectives it is possible to assess whether premises are needed, the amount of space and type of facilities required.

The need and demand for the services which are proposed.

The decision to take responsibility for a service and/or property asset should benefit the local community by allowing you to provide services more effectively. It is important to consider the monetary costs and time needed to maintain a building, as these additional responsibilities could reduce the efficiency of primary services.

Practicalities

It is important to have a financial plan outlining the funding of the service and/or premises.

Where a property is to be transferred with the service, initial purchase/leasing costs may include surveying and legal costs. Each party will be expected to pay their own costs. It is also important to consider that a premises can generate a number of other ongoing costs. These may include:

 rates

 utilities (electricity, water etc)

 insurance – building, contents and public liability

 repairs – reactive and planned maintenance

 security

18 | P a g e

84

 administration

 alterations and/or adaptations

 Staff eg cleaning and caretaking

The Council will be able to provide some information in relation to the above. However, it will only be able to provide limited financial information owing to accounting arrangements. In addition, there are efficiencies of scale from which it benefits owing to size of the organisation (eg insurance policies held) and the wide range of different skill sets accessible across the authority (eg lawyers, surveyors and accountants). It is therefore advised that independent advice is sought when considering the implications of acquiring and managing a property asset.

Where a property asset is proposed for transfer, a Premises Management Plan is required detailing who will be responsible for decisions relating to the property, along with responsibilities for the day-to-day management arrangements and compliance legislation. Issues which need to be addressed can include cleaning, fire safety, health and safety, security, repairs, general administration and managing costs. Teignbridge District Council reserves the right to challenge plans submitted.

Your organisation must also have the capacity to take on the delivery of a service and/or the ownership of property, along with the associated statutory considerations that can include but are not limited to:-

o Health and Safety at Work Act 1974 and subsequent regulations o Regulatory Reform (Fire Safety) Order 2005 o Occupiers’ Liability Act 1957 o Landlord and Tenant Act 1954 o Charities Act 2011 o Town and Country Planning Act 1990 and subsequent regulations o Equality Act 2010 o Building Act 1994 o Defective Premises Act 1972 o Control of Asbestos Regulations 2012

Similar considerations will also need to be given where it is the proposed transfer of service delivery only proposed.

Application Guidance

If you are satisfied that your council has a genuine need to take on the service and/or premises and the ability to do so, please complete the Application Form below.

When completing the application form(s) it is important that you provide as much information as possible so that we can assess your application. Please do not hesitate to write on additional sheets if required.

19 | P a g e

85

If you require any additional guidance on the process or help with the completion of the application forms please contact Economy & Assets at [email protected]. A copy of the Teignbridge District Council’s Service Devolution & Asset Transfer Policy is also available on our website or by request.

20 | P a g e

86

SERVICE DEVOLUTION & ASSET TRANSFER APPLICATION FORM

Council Details

Name of Council

Address of Council

Post Code

Telephone Number

Email Address

Correspondent’s Contact Details

Name of Correspondent

Position Held

Address (if different from above)

Post Code

Telephone Number(s)

Email Address

21 | P a g e

87

Solicitor’s Contact Details (if available)

Name of Solicitor

Contact

Address

Post Code

Telephone Number(s)

Email Address

DX

Where assets are transferred for a nil or less than market consideration, the financial cost to TEIGNBRIDGE DISTRICT COUNCIL will be weighed against the community benefit. Please indicate which of the following community benefits will be provided by the transfer of this asset.

The transfer of the asset will provide social, economic or environmental well- being benefits to the local community. For example, through the ability to manage and regulate an open space at local level

The transfer would be a ‘tidying up’ exercise, passing incidental pieces of land and landscaping, or parts of these, to local level

The property has the potential to provide for a community facility, for example a village hall, which the parish or town council has demonstrated they have the skills, drive and access to resources to deliver

The transfer of the asset will enable the continuation of a service to the local community that the TEIGNBRIDGE DISTRICT COUNCIL are no longer able to provide e.g. public conveniences

A community partnership can be entered into based on public access to and use of an asset

22 | P a g e

88

It is believed that the applicant would be able to secure grant funding and or have access to funding streams not available to the District Council.

Name and address of Property to be transferred and Land Registry DN reference3

Proposed use of property

Means of transfer (i.e. lease or freehold)

The Council has the discretionary power under the General Disposal Consent (England) 2003 and S.123 of the Local Government Act, to consider disposals of surplus assets at less than best consideration where such disposal is likely to contribute to the promotion or improvement of the economic, social or the environmental well-being of the Teignbridge area or its residents. Please indicate below how this proposed transfer will contribute in any of these ways.

(Please note that the GDC will not apply in some limited circumstances such as housing land)

3 https://www.gov.uk/get-information-about-property-and-land/search-the-register

23 | P a g e

89

Economic Benefits

How will the transfer benefit the local economy?

Social Benefits

How will the transfer provide social benefit to the community?

Environmental Benefits

How will the transfer benefit the environment?

Any other information to support the transfer

Should the Council consider that the transaction at less than best value will meet the requirements of the General Disposal Consent Act, a valuation of the property asset will be undertaken to determine best value. Any costs incurred by the Council in seeking the relevant valuation advice will be met by the applicant.

24 | P a g e

90

When considering the disposal of public open space, the legal requirements of the Council to advertise proposed disposals and consider objections must all be complied with. Applicants will be required to meet the costs of advertising the proposed disposal.

Where a service delegation agreement is sought without the transfer of any associated asset please specify below the service for which you are proposing to take on responsibility. Please include details of any reasons for the proposal, boundaries and conditions.

Declaration

I confirm that I am authorised to sign this application on behalf of (name of council)

and that, to the best of my knowledge and belief, all the information provided is true and correct. I confirm that I have considered all the financial implications of the property acquisition and that I am satisfied that the council is able to meet all anticipated costs.

I enclose copies of:-

Plan outlining the property to be considered for transfer and/or service delegation boundary in red (required)

Management Structure (required)

Premises Management Plan (required where property to be transferred)

Community Consultation (if available)

Business Plan (if available)

Any other documents you think may be helpful when we are assessing your application

25 | P a g e

91

Name (print)

Position in council

Date

Please return this completed form to:

Teignbridge District Council Economy & Assets Forde House Brunel Road Newton Abbot TQ12 4XX

Or email:[email protected]

26 | P a g e

92

Appendix D Amenity Maintenance Services

Task Condition and comment Litter Picking To be carried out on amenity land

Examples include:  Beverage and drinks containers  Food containers or utensils  Magazines and newspapers  Shopping and other bags  Illegal deposits of bagged commercial and household waste which shall be cleared as fly tipping  Removal of pigeon droppings from pathways and footways  Removal of fallen branches, wood, metal and plastic objects  Dog/ animal faeces  Cigarette waste and packets  Removal of leaf and blossom falls Emptying of Litter To be carried out on amenity land Bins Removal of Fly Must be carried out on amenity land Tipping (but no enforcement related tasks) Removal of Fly Must be carried out on amenity land Posting (but no enforcement related tasks) Graffiti removal Must be carried out on amenity land (but no enforcement related tasks) Balancing ponds, Must be carried out on amenity land amenity footpaths and water Monitor the condition and health and safety concerns on amenity courses footpaths, ponds, ditches and any amenity asset and effect their reasonable repair and maintenance Park/ street Must be carried out on amenity land furniture management Monitor the condition of the furniture and any health and safety concerns and effect their reasonable repair, maintenance and replacement Grounds Must be carried out on amenity land Maintenance Maintenance of shrub beds, hedges, trees, herbaceous borders and any soft areas. Grass Must be carried out on amenity land maintenance Sports pitch Must be carried out on amenity land maintenance Inspection and Must be carried out on amenity land maintenance of play equipment 27 | P a g e

93

Will include play areas, multiple use games areas (MUGAs) and skate parks Allotments General up keep and maintenance including:- management (NB  Boundary fencing statutory allotments  Gate and hedges must be held by the town or parish council  Tracks and footpaths as TEIGNBRIDGE  Car parks DISTRICT COUNCIL  Grass area cannot) Open Cemeteries Must be carried out on all cemeteries and closed churchyards. and closed churchyard Includes memorial inspections maintenance & upkeep Weed control Must be carried out on amenity land

Responsibility for all weeds on service delegated areas Bus shelter Litter collection and cleaning (graffiti, fly posting, moss etc. removal) maintenance

28 | P a g e

94