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Full Council Meeting - 13th June 2005

TOWN HALL, BIDEFORD ON MONDAY, 13TH JUNE 2005 AT 6.30 PM

Date: 6th June 2005 Ref: KH/MAR

TO: THE CHAIRMAN AND COUNCILLORS OF THE TORRIDGE DISTRICT COUNCIL

MEETING OF THE COUNCIL

TOWN HALL, BIDEFORD ON MONDAY, 13TH JUNE 2005 AT 6.30 PM

NOTICE OF MEETING

________________________________________________________________________________________________

Members are requested to turn off their mobile phones for the duration of the meeting.

A G E N D A

1. -

Prayers.

2. -

Apologies for absence.

3. -
...

Confirmation of the Minutes of the AGM of the Council held on the 25th April 2005 (copy enclosed).

(Pages 1/7).

4. -

Recovery update.

5. -

15 minute period for public contributions.

6. -

Appointment of Chief Executive.

7. -

To consider correspondence or other business especially brought forward by the direction of the Chairman.

8. -

To answer questions submitted under Procedural Rule A5.

9. -

To receive the Minutes of the Meetings of the following Committees held on the under-mentioned dates and to pass such resolutions thereon as may be deemed advisable.

a) - Development & Trading Services Committee

10.5.05

(enclosed) (Pages 8/13)

b) - Plans Committee

25.4.05

(enclosed) (Pages 14/17)

c) - Plans Committee

9.5.05

(enclosed) (Pages 18/33)

d) - Plans Committee

31.5.05

(to follow)

e) - Housing Committee

18.5.05

(enclosed) (Pages 34/37)

f) - Environmental & Leisure Services Committee

25.5.05

(enclosed) (Pages 38/45)

g) - Joint Overview & Scrutiny 1 and 2 Committees

11.5.05

(to follow)

h) - Joint Overview & Scrutiny 1 and 2 Committees

6.6.05

(to follow)

i) - Standards Committee

27.5.05

(enclosed) (Pages 46/48)

j) - Licensing Committee

3.6.05

(to follow)

k) - Policy & Resources Committee

6.6.05

(to follow)

l) - Policy & Resources Committee (recovered)

7.7.05

(to follow)

1. -

Notice of Motion

To consider the following Notice of Motion submitted by Councillor P R Collins:-

"That in an effort to embrace modern and effective communications, this Council will with immediate effect include officer e-mail details on all external typed/printed communications along with details of the Council's website address."

2. -

Petitions (if any)

PART II

(Closed Session)

Items which may be taken in the absence of the public and press on the grounds that exempt information may be disclosed.

NB: (i) Members may seek to amend those items in the Minutes containing recommendations which are marked by a black line in the margin.

(ii) Reports, if any, relating to recommended items from the Plans Committee are enclosed.

(iii) Declarations of interest should be made by Members as the item concerned is presented by the

Chairman of the Committee.


MINUTES

PRESENT: Councillor A G Gould (Chairman)

Councillor T Sillifant (Vice Chairman)

Councillors J Allen, H R Barton, A I Bewes, R D Bond, H M Bone, G Boundy, Mrs M Brown, G C Broyd, Mrs S E I Bushby, P S Christie, S E L Clarke,

P R Collins, E J Davies, A J Eastman, Mrs P A Ferguson, L S Ford,

R H Hicks, A T Inch, W G Isaac, Mrs C L March, J Morrish, Mrs S A Mounce, Mrs P J Paddon, W W Pillman, J Rawlinson, D H Shadrick, P J Sturges and R M M Tisdale

Apologies for absence were received from Councillors J W E Cowle, D J Daniel,

A Eastwood (OBE), F Howard (MBE) and R E Johns.

27.

PRAYERS

Prayers were said at the commencement of the meeting and the Council held a minutes silence as a mark of respect for the late Councillor R C Broad.

28.

MINUTES

Resolved: That the Minutes of the Annual General Meeting held on 25th July 2005 be confirmed as a correct record and signed by the Chairman.

29.

RECOVERY UPDATE

The Interim Chief Executive gave a further update report in respect of the recovery process. He indicated this was substantially that reported to the recent Policy and Resources Committee. Reference was made to a letter received from the Department of Work and Pensions. This indicated that in view of the recovery made in respect of benefits the representative from the Department would no longer attend meetings with the ODPM on a regular basis. The Member's bulletin had been extended to provide additional information and feedback on this was welcomed. The vision document and a corporate plan are currently subject to consultation and would be reported back through the Committee process. A number of Service Plans had been produced and would also be submitted to Members via the Committee process. The Housing Option Appraisal was currently ongoing and there had been a high return of responses with a significant majority indicating support for a stock transfer. An internal staff survey had also been carried out and the results would be reported in due course.

30.

PUBLIC CONTRIBUTION

The following public contribution was made.

Mrs J Moffatt addressed the meeting in connection with the planning application recommended for approval as part of the Plans Committee Minutes of 9th May 2005. This was application 1/2235/2003/OUT (Proposed residential development of 16 dwellings comprising 5 affordable units at OS6264 Abbotsham (revised Plans received 25th April 2005 increasing the number of affordable units from 4 to 5) for A J and G Mounce). Mrs Moffatt indicated that she was speaking on behalf of the Abbotsham Parish Council who had opposed the approval of the application. She suggested that there was a lack of local need for the development and also expressed concern about additional development proposed for the opposite side of the road.

31.

APPOINTMENT OF CHIEF EXECUTIVE

Mr van de Laarschot left the meeting.

The Leader of the Council referred to the rigorous process conducted by the Appointment Panel for the post of Chief Executive. This Panel had unanimously recommended the appointment of Mr John van de Laarschot. Councillor Ferguson advised that there had been 49 applicants for the post and the process for selection had been difficult, but unanimous approval had been given by both the Panel and the two Community Panels to the chosen applicant.

Councillor Mrs P A Ferguson moved, and it was seconded by Councillor T Sillifant, and;

Resolved: That Mr John van de Laarschot be appointed Chief Executive of the District Council.

(Vote: 28 For, 0 Against and 2 Abstentions)

Following his appointment Mr John van de Laarschot briefly addressed the Council giving details of his aspirations for the Authority in his role as Chief Executive.

In connection with this item the Leader of the Council thanked the interim Chief Executive, Mr Roger Heath, for the work he had carried out on behalf of the Council during his period of office, and made a presentation to him on behalf of the Authority.

The interim Chief Executive thanked Members for his gift and wished the Council every success in the future.

32.

QUESTIONS SUBMITTED UNDER PROCEDURAL ROLE A5

Councillor H R Barton declared a personal interest in the question regarding "ring and ride" (Member of DCC).

Councillor W G Isaac declared a prejudicial interest in the question regarding "ring and ride" and left the meeting before the discussion and vote.

Written questions were submitted by Councillors P R Collins, H R Barton, J Rawlinson and D H Shadrick. Written answers were supplied and supplementary questions answered. The written questions and answers are attached.

33.

DEVELOPMENT AND TRADING SERVICES COMMITTEE - 10TH MAY 2005

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

34.

PLANS COMMITTEE - 25TH APRIL 2005

Councillor R H Hicks declared a prejudicial interest in Minute 257 (appeal by S Jobson Scott) and left the meeting before the discussion and vote (client) .

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

35.

PLANS COMMITTEE - 9TH MAY 2005

Councillor P R Collins declared a prejudicial interest in application 1/0497/2004/OUT

and left the meeting before the discussion and vote (company uses this firm for services).

Councillor R H Hicks declared a prejudicial interest in application 1/2235/2003/OUT and left the meeting before the discussion and vote (client).

Councillor J Morrish declared a prejudicial interest in application 1/2235/2003/OUT and left the meeting before the discussion and vote (tenant of applicant).

Councillor Mrs S E I Bushby declared a prejudicial interest in application 1/2235/2003/OUT and left the meeting before the discussion and vote.

Councillor G C Broyd declared a personal interest in application 1/2235/2003/OUT.

The Minutes of the Meeting were presented and their adoption moved and seconded.

An updated report was made in respect of Application 1/2235/2003/OUT (Proposed residential development of 16 dwellings comprising 5 affordable units at OS 6264, Abbotsham (Revised plans received 25th April 2005 increasing the number of affordable units from 4 to 5) for A J and G Mounce). Further representations were reported including those received from Abbotsham Parish Council. Clarification was also given regarding the County Council's educational contribution, this had been notified as £18,500.

Councillor W G Isaac proposed and it was duly seconded; "that the application be refused".

On being put to the vote the proposal was lost.

In accordance with the Constitution Councillor G C Broyd asked for his abstention to be recorded.

Councillor W W Pillman proposed and it was duly seconded, and;

Resolved: That Application 1/2235/2003/OUT be approved as recommended by Plans Committee of 9th May 2005.

In accordance with the Constitution Councillor W G Isaac asked for his vote against the proposal to be recorded, and Councillor G C Broyd asked for his abstention to be recorded.

Thereafter, it was;

Resolved: That the remainder of the Minutes be received and to the extent necessary adopted.

36.

PLANS COMMITTEE - 31ST MAY 2005

Councillor P R Collins declared a prejudicial interest in application 1/0363/2005/LBC and left the meeting before the discussion and vote (member of "Exmoor to Sea").

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

37.

HOUSING COMMITTEE - 18TH MAY 2005

Councillor R H Hicks declared a prejudicial interest in Minute 10 (septic tank system at 1 and 2 Roysland and 1, 2 and 3 Pound Cottages, Frithelstock Stone ) and left the meeting before the discussion and vote (act for farmer complainant).

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

38.

ENVIRONMENTAL AND LEISURE SERVICES COMMITTEE - 25TH MAY 2005

Councillor H R Barton declared a personal interest in Minutes 24 (Old Town Cemetery and gardens, Bideford and 25 alleged statutory nuisance Taddiport Bridge, Taddiport) (Member of Trustee Bideford Bridge Trust).

Councillor P R Collins declared a prejudicial interest in Minute 8 (Great Torrington Gateways Project and left the meeting before the discussion and vote (member of Great Torrington Marketing).

Councillor P R Collins declared a personal interest in Minute 26 (Great Torrington Swimming Pool (uses pool).

Councillor R H Hicks declared a prejudicial interest in Minute 24 (Old Town Cemetery and gardens, Bideford) (act for Bideford Methodist and Congregational Church)

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

39.

JOINT OVERVIEW AND SCRUTINY 1 AND 2 COMMITTEE - 11TH MAY 2005

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

40.

JOINT OVERVIEW AND SCRUTINY 1 AND 2 COMMITTEE - 6TH JUNE 2005

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

41.

STANDARDS COMMITTEE - 27TH MAY 2005

The Minutes of the meeting were presented and their adoption moved and seconded.

The Chairman of Council advised that Mr P Wood, the Chairman of the Standards Committee, had now resigned.

Resolved:

(1) That the thanks of the Council be extended to Mr Wood for his work on that Committee.

(2) That the Minutes be received and to the extent necessary adopted.

42.

LICENSING COMMITTEE - 3RD JUNE 2005

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

43.

POLICY AND RESOURCES COMMITTEE - 6TH JUNE 2005

The Council as a whole declared a personal interest in Minute 13 (Independent Members Remuneration Panel).

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

In accordance with the Constitution Councillor G C Broyd asked for his abstention against Minute 7 (Constitution - amendment to Part III) to be recorded.

44.

POLICY AND RESOURCES COMMITTEE (RECONVENED) - 7TH JUNE 2005

The Minutes of the meeting were presented and their adoption moved and seconded.

Resolved: That the Minutes be received and to the extent necessary adopted.

45.

NOTICE OF MOTION

The following Notice of Motion was submitted by Councillor P R Collins.

"That in an effort to embrace modern and effective communications, this Council will with immediate effect include officer e-mail details on all external typed/printed communications along with details of the Council's website address."

The interim Chief Executive advised that work was currently being undertaken in respect of this item.

The meeting commenced at 6.30 pm and ended at 8.20 pm.