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Full Council Meeting - 3rd October 2005

Town Hall, Bideford on Monday, 3rd October 2005 at 6.30pm

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 Council held on the 25th July 2005 (copy enclosed).

(Pages 1/9).

4.-

15 minute period for public contributions.

5.-

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

6.-

To answer questions submitted under Procedural Rule A9.

7.-

The Vision for the College Presentation

To receive a presentation from David Dodd, the Principal of North Devon College.

8.-

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

30.8.05

(enclosed) (Pages 10/14)

b) - Plans Committee

1.8.05

(to follow)

c) - Plans Committee

22.8.05

(to follow)

d) - Plans Committee

12.9.05

(to follow)

e) - Housing Committee

7.9.05

(enclosed) (Pages 15/19)

f) Environmental & Leisure Services Committee

14.9.05

(to follow)

g) Overview & Scrutiny 2 Committee

13.9.05

(enclosed) (Pages 20/23)

h) Standards Committee

19.8.05

(enclosed) (Pages 24/26)

i) Policy & Resources Committee

26.9.05

(to follow)

1.-

Change to Scheme of Delegation

Report of Solicitor enclosed. (Page 27)

2.-

Urgency Procedure

Reports for information enclosed. (Pages 28/34)

3.-

Notice of Motion

To consider the following Notice of Motion submitted by Councillor D H Shadrick:-

"Mindful of the extreme difficulties faced by many in Torridge by the lack of affordable housing. This Council makes a direct submission to DEFRA'S commission on affordable housing which is due to report next Spring."

12.

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) 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, A I Bewes, H M Bone, Mrs M Brown, G C Broyd,
Mrs S E I Bushby, P S Christie, P R Collins, D J Daniel, E J Davies,
A Eastwood OBE, Mrs P A Ferguson, L S Ford, R H Hicks, A T Inch,
W G Isaac, K J James, R E Johns, Mrs C L March, Mrs S A Mounce,
W W Pillman, D H Shadrick, P J Sturges and R M M Tisdale.

Apologies for absence were received from Councillors H R Barton, R D Bond, S E L Clarke,

J W E Cowle, A J Eastman, F Howard MBE, J Morrish and Mrs P J Paddon.

63.

MINUTES

The Minutes of the Council meeting held on the 25th July 2005 were presented and their adoption moved and seconded.

(a) Questions Submitted under Procedural Rule A9 (Minute 51)

(i) Question submitted by Councillor W G Isaac relating to planning approval granted in respect of Laundry Lane, Northam

Councillor Mrs S E I Bushby declared a prejudicial interest in this item and left the meeting before the discussion.

Councillor L Ford referred to the question and answer dealt with under Procedural Rule A9 at the last Council meeting and in particular the response given to Question 4. Councillor Ford indicated he was not happy that every Councillor had acted in an appropriate manner in connection with this application.

(ii) Question submitted by Councillor P S Christie relating to the use of Brunswick Wharf by Devon County Council/South West Highways to "mattress" the riverbed

SOL

Councillor Christie referred to his question dealt with under Procedural Rule A9 at the last Council meeting relating to the above. Since no response had been received from South West Highways to the letter sent to them by this Authority, it was agreed the Solicitor should pursue the matter.

Resolved: That the Minutes be confirmed as a correct record and signed by the Chairman.

64.

PUBLIC CONTRIBUTION

The following contribution was made:-

Mr W H Smith of Appledore thanked the Council for the light provided at 47/49, The Mount, Appledore. He also expressed his appreciation for the street and car park cleaning undertaken by the Authority in the village. It was noted Mr Smith was now waiting for the drains to be cleaned. He also requested responses to letters he had previously submitted to the Authority, with particular reference to access issues and properties transferred in perpetuity to the District Council by the former Authorities in 1974.

Other issues raised by Mr Smith referred to correspondence received from the ODPM in connection with the Housing Option process; the possible utilisation of the Ombudsman's services; the lack of response to letters sent to the Local Authority and concerns about the transferral of his telephone calls at the District Council's Offices.

65.

QUESTIONS SUBMITTED UNDER PROCEDURAL RULE A9

A question was submitted under Procedural Rule A9 from Councillor P S Christie. A copy of the question together with the written answer is attached as Appendix A. In accordance with the Constitution Councillor Christie asked a supplementary question requesting that the issue of meeting times be put forward when the review of the Committee system is again discussed.

66.

PRESENTATION - VISION FOR THE NORTH DEVON COLLEGE

The Chairman welcomed Mr David Dodd, the Principal of North Devon College, to the meeting and invited him to make his presentation to Members.

Mr Dodd advised that on taking up the post of Principal he had been asked to co-ordinate a vision for the College, and the presentation being made entitled "An Outstanding Future for a Great Asset" was the culmination of this work.

Mr Dodd pointed out that the North Devon College was a great asset to the community with 13,000 students, employing 850 people, investing in the local economy. The question which had been asked in the preparation of the vision was "how best can this asset work for the community in the future?"

The presentation made reference to the lifelong learning commitment; the challenge involved including the skill needs and shortages, the number of businesses in Devon and Cornwall and the distance to the nearest College.

Mr Dodd concluded the presentation by confirming that the vision/way forward was to seek to provide an outstanding College, and detailed to Members how this success would be measured. Reference was also made to the following "four faces" of the College and the underlying principles:-

(a) Young learners.

(b) Work force development.

(c) Higher Education.

(d) Adults.

The Chairman then invited comment from Councillors and reference was made to the proposals to raise the status of vocational education.

The Chairman then thanked Mr Dodd for his informative presentation, and he left the meeting.

67.

DEVELOPMENT AND TRADING SERVICES COMMITTEE - 30TH AUGUST 2005

Councillor R M M Tisdale declared a personal interest in Minute 35 (Westward Ho! Regeneration Project) (Member of WHISH).

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

(a) Barnstaple and Bideford ENVIRONS Study (Minute 30b)

Members' attention was drawn to the comments made at this Committee relating to the distribution of development within the North Devon District Council/Torridge District Council areas. It was noted that a copy of the submission in respect of the ENVIRONS Study would be circulated to Members shortly.

(b) Notice of Motion (Minute 33)

The Chairman confirmed that the Head of Financial Services had advised that Torridge District Council could not set differential Council Taxes for Parishes.

The Chairman moved, and it was duly seconded, and;

SD(R)

Resolved: That a letter be sent to the Office of the Deputy Prime Minister pressing the Government to consider primary legislation in respect of monies raised by carbon trading being used to lower Council Taxes for those parishes containing renewable energy schemes.

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

68.

PLANS COMMITTEE - 1ST AUGUST 2005

The Minutes of the above meeting were presented. The Chairman advised that these Minutes were not being moved as they had not yet been accepted by her Committee.

Resolved: That the Minutes be noted.

69.

PLANS COMMITTEE - 22ND AUGUST 2005

Councillor A Eastwood OBE declared a personal interest in Application No. 1/2139/2004/FUL and Application No. 1/2375/2004/LBC (applicants known to me).

Councillor D H Shadrick declared a personal interest in Application No. 1/0522/2004/OUT (relation).

Councillor R H Hicks declared a prejudicial interest in Application No. 1/0522/2005/FUL and left the meeting before the discussion and vote (neighbour is a client).

Councillor K J James declared a prejudicial interest in Application No. 1/1061/2005/OUT and left the meeting before the discussion and vote (owner of access road).

The Minutes of the above meeting were presented. The Chairman advised that these Minutes were not being moved, as they had not yet been accepted by her Committee.

Resolved: That the Minutes be noted.

70.

PLANS COMMITTEE - 12TH SEPTEMBER 2005

Councillor R H Hicks declared a prejudicial interest in Application No. 1/0522/2005/FUL and left the meeting before the discussion and vote. (Neighbour is a client)

Councillor D H Shadrick declared a personal interest in Application No. 1/0522/2004/OUT (relation).

The Minutes of the above meeting were presented. The Chairman advised that these Minutes were not being moved, as they had not yet been accepted by her Committee.

Resolved: That the Minutes be noted.

71.

HOUSING COMMITTEE - 7TH SEPTEMBER 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.

72.

ENVIRONMENTAL AND LEISURE SERVICES COMMITTEE - 14TH SEPTEMBER 2005

Councillor R H Hicks declared a prejudicial interest in Minute 51 (Old Town Cemetery, Bideford) and left the room before the discussion and vote. (Free Churches are a 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.

73.

OVERVIEW AND SCRUTINY 2 COMMITTEE - 13TH SEPTEMBER 2005

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

(a) Planning Policies (Minute 3 (2))

SD(R) &

HFS

Following the discussion in connection with this Minute it was agreed that Officers should consider budget availability for the proposed visits to other Authorities to discuss the policies currently being scrutinised, and report accordingly to Policy and Resources Committee.

(b) Burton Art Gallery Update (Minute 5)

In response to a question it was confirmed that a report relating to the work of the Consultants appointed in respect of the Museums and Art Gallery Review would be submitted to the next cycle of Committees.

Thereafter, it was;

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

74.

STANDARDS COMMITTEE - 19TH AUGUST 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.

75.

POLICY AND RESOURCES COMMITTEE - 26TH SEPTEMBER 2005

Councillor R H Hicks declared a prejudicial interest in Minute 71 (Victoria Park Amenity Building and Old Town Cemetery) and left the meeting before the discussion and vote. (Free Churches are clients).

Councillor A T Inch declared a personal interest in Minute 71 (Victoria Park Amenity Building and Old Town Cemetery) and left the meeting before the discussion and vote. (Member of Bideford Bridge Trust).

Councillor W G Isaac declared a personal interest in Minute 71 (Victoria Park Amenity Building and Old Town Cemetery) (a Member of Bideford Bridge Trust which owns the Cemetery and offered to grant aid the Park Amenity).

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

(a) Torridge District Business Survey (Minute 68)

Councillor H M Bone asked that the Officers pursuing the Torridge District Business Survey should seek the co-operation of other organisations who held similar databases.

(b) Victoria Park Amenity Building and Old Town Cemetery (Minute 71)

Councillor P S Christie asked that all letters relating to this issue should be made available when the meeting detailed in Minute 71(2) between Torridge District Council and the Bideford Bridge Trust was held.

Thereafter, it was;

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

76.

CHANGE TO SCHEME OF DELEGATION

Members considered the report of the Solicitor which sought approval to amend the current Scheme of Delegation within the Constitution to allow him to sign and seal documents on behalf of the Council. It was noted that the current Scheme of Delegation gave this power to the Chief Executive and the proposal before Members suggested that this power should be given to the Solicitor, or in his absence, any Strategic Director or the Chief Executive on the grounds of expediency.

SOL

Resolved: That the Scheme of Delegation within the Constitution be amended to give power to the Solicitor, or in his absence any Strategic Director or the Chief Executive, to sign all documents, or attest the Council's seal to documents, on behalf of the Council, including information, notices and applications in respect of court proceedings, contracts, enforcement and other notices and orders and other such documents.

77.

URGENCY PROCEDURES

Resolved: That the following urgency procedures be endorsed:-

(a) Car Parks Services - delegated authority and Enforcement Policy.

(b) Use of Bideford Quay for purpose of holding an English market on Friday, 26th August, 2005.

(c) Serving of Notice to Quit on Bideford Football Club, terminating their licence to use the Sports Ground at the end of the current football season.

78.

NOTICE OF MOTION

Councillor D H Shadrick moved the following Notice of Motion, which was duly seconded, "Mindful of the extreme difficulties faced by many in Torridge by the lack of affordable housing, this Council makes a direct submission to DEFRA's Commission on affordable housing which is due to report next Spring."

Resolved: That the Notice of Motion be supported.

The meeting commenced at 6.30pm and ended at 7.50pm.