MINUTES OF THE MEETING OF THE SOUTH HAMS DISTRICT COUNCIL
HELD AT FOLLATON HOUSE, TOTNES ON THURSDAY, 13 SEPTEMBER 2001
MEMBERS
* Cllr I Longrigg - Chairman
* Cllr G Rothwell - Vice-Chairman
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Cllr L P Austen
Cllr N A Barnes
Cllr J S Beer
Cllr M T Bonney
Cllr J P Bradley
Cllr B E Carson
Cllr P H Cook
Cllr R F Croad
Cllr G Date
Cllr R M Eaton
Cllr B C Evans
Cllr S M Fairman
Cllr G J Fielden
Cllr R W Hallett
Cllr V A Harvey
Cllr J D Hawkins
Cllr P W Hitchins
Cllr E A Jarrold
Cllr J D Kelly
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Cllr O G F Masters
Cllr E T Mitchell
Cllr A J Nash
Cllr J O’Connell
Cllr C M Pannell
Cllr J T Pennington
Cllr P J Prudden
Cllr R Rowe
Cllr J W Squire
Cllr C A Steen
Cllr I P Steer
Cllr M Stone
Cllr R J Tucker
Cllr A R Vale
Cllr A Ward
Cllr J B Washington
Cllr J A Westacott
Cllr R O Yonge
* Denotes attendance
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73/01
Denotes apology for absence
DISASTER IN AMERICA
At the commencement of the meeting, the Council stood in two minutes' silence as a
mark of respect for those who had lost their lives in the recent disaster in America.
The Chairman announced that he had sent a letter of condolence to the American
Ambassador to Great Britain.
The Leader of Council made the following statement:"We are gathered here today because as a Council we prize democracy and
so we must condemn the acts of terrorism in the United States of America.
We are pleased that all nations, races and creeds are coming together to unite
against this attack on our freedom. We hope all people of our district will
join us in expressing support and sympathy to the United States and all the
friends and relatives of those who lost their lives or were injured.
I ask the Chairman to write to the United States Ambassador and assure him
that our thoughts and prayers are with his fellow countrymen."
(1)
Cncl 13.9.01
74/01
MINUTES
The minutes of the meeting of the Council held on 26 July 2001 were confirmed as a
correct record and signed by the Chairman.
75/01
URGENT BUSINESS
The Chairman announced that he had one item of urgent business relating to the
resignation of Cllr R M Hannaford which was considered urgent due to the need to
inform the Council of this matter. This item would be taken as item 8 (see minute
79/01 below).
76/01
DECLARATIONS OF INTEREST
Members were invited to declare any interests in the items of business to be
considered during the course of the meeting. These were recorded as follows:Cllr P H Cook declared an interest in item 13 (see minute 82/01 below) and left the
Chamber before discussion commenced thereon.
Cllr P W Hitchins declared an interest in item 20 (see minute 90/01 below) and left
the Chamber before discussion commenced thereon.
Cllrs J T Pennington, P J Prudden, R Rowe, J W Squire and J A Westacott declared
an interest in item 17 (see minute 87/01 below) and took no part in the discussion or
voting thereon and left the meeting during discussion of this item.
Cllr G Rothwell declared an interest in item 18 (see minute 88/01 below) for which
he remained in the Chamber but took no part in the voting thereon and item 20 (see
minute 90/01 below) for which he left the Chamber before discussion commenced
thereon.
Cllr J A Westacott declared an interest in item 15 (see minute 84/01 below) and took
no part in the discussion or voting thereon.
77/01
CHAIRMAN’S ANNOUNCEMENTS
The Council noted the list of recent civic engagements.
The Chairman made particular reference to his Civic Service of 9 September 2001
and thanked those involved in the preparation of the event (particularly the Chairman
and Member's Secretary) for all their hard work in making it the success that it was.
The Chairman informed the meeting that the Council had won the Southern Region
Green Apple Award for 2001 for the South Hams Green Tourism Business Scheme,
which was a joint venture between the Tourism and Coast and Countryside Services.
The Chairman congratulated those officers involved and presented the award to Zoe
Williamson, the Council's Green Tourism Officer.
(2)
Cncl 13.9.01
78/01
REPORTS OF BODIES
RESOLVED
That the minutes and recommendations of the undermentioned
bodies be received and approved:(a)
Coast & Countryside Steering Group
13 July 2001
(b)
South Hams District/Devon County Council
Partnership Committee
20 July 2001
PART.11/01 - Community Planning Update
A Member made reference to a recent meeting of the
Ivybridge Community Action Group where the results of the
Community Planning Workshop had been reported. He also
stated that there appeared to be confusion surrounding the
provision of services covered by those agencies involved in
the partnership working arrangements, particularly when
raising any issues of concern. He was assured that the
partnership arrangements dealt specifically with the
development of area wide priorities and that specific issues
of concern should continue to be reported to the relevant
agency.
PART.15/01 - Involvement of District Councils in
Scrutiny by County Council of Health Service
A Member welcomed the opportunity for District Councils
to be involved in scrutiny of health services, but was
disappointed at the apparent decision of the Government to
reinstate its intention to abolish Community Health Councils
(CHC).
It was therefore agreed that the previously made views of
this Council on the proposed abolition of the CHCs be again
conveyed to the local CHCs.
PART.16.01 – Foot and Mouth Recovery Plan Update
A Member welcomed the development of the above
recovery plan and hoped that as there had been no reported
cases of Foot and Mouth within the County since June 2001,
the public could purchase local produce.
(c)
Scrutiny
26 July 2001
(d)
Executive
1 August 2001
(e)
Development Control Committee
1 August 2001
(3)
Cncl 13.9.01
DC.11/01 – Planning Applications
The local Member expressed his concern at the apparent
inconsistency of the Development Control Committee in its
approval of application 07/1045/01/F which was, in his
opinion, identical to an application which had been refused
only a few months earlier.
Members were advised that whilst accepting that the
proposals were identical, each individual application needed
to be considered on its merits and that in relation to the
application in question, additional information had been
submitted for the Committee's consideration.
Members were also advised that as the two applications
were separate applications, the procedures relating to the
rescission of a previous decision had not been breached.
RESOLVED
That in the forthcoming training session for Members in
Development Control issues, consistency and material consideration
be included in the programme.
(f)
Executive
23 August 2001
E.24/01 Implementing Electronic Government Statement
(IEG) (minute 68/01 refers)
That consideration of the recommendation contained in
minute E.24/01 be deferred to a later agenda item (see
minute 81/01 below).
79/01
BUSINESS BROUGHT FORWARD BY THE CHAIRMAN –
RESIGNATION OF CLLR HANNAFORD
Further to minute 75/01 above, the Chairman confirmed that Cllr R M Hannaford,
the Member for the Dartmouth Townstal Ward of the District Council, had resigned
from the Council with effect from 7 September 2001. Members were reminded of
the seats which Cllr Hannaford held on the Council’s bodies together with outside
organisations, and noted that due to the Council’s constitution, the Environment
Policy Development Group would now be one Member short until an election had
taken place.
RESOLVED
That following the election, and to any review of the proportionality
arrangements for seats on Council bodies, the Chief Finance and
Administration Officer, in consultation with the Leaders of the
political groups, be given delegated authority to undertake such
action as may be necessary to appoint Members to the vacancies
arising from the resignation of Cllr Hannaford.
(4)
Cncl 13.9.01
80/01
NOTICE OF MOTION
The following motion had been submitted by Cllr J T Pennington and seconded by
Cllr J W Squire in accordance with Procedure Rule No 10:“This Council agrees and supports the contention that the Highway Authority in the
true spirit of consultation, co-operation and partnership should be obliged to consult
with town and parish councils and with local communities on all highway issues
connected with planning applications prior to the Highway Authority reaching
decisions and that this motion be also placed as an agenda item for the next South
Hams and Devon County Partnership Committee”.
During discussion, the following points were raised:(a)
Some Members felt that local consultation should be undertaken on any
highway implications of planning applications prior to the Highway
Authority drawing any conclusions on such proposals;
(b)
Other Members felt that it was the duty of the Local Planning Authority to
undertake any necessary consultation on planning applications and that this
included any highway implications. The Council was reminded that local
Parish or Town Councils, together with other interested parties, were
included in this consultation process;
(c)
Members were advised that any additional consultation requirements could
give rise to considerable additional workload for the Highway Authority;
(d)
Members were advised that the Council had a responsibility to consider
planning applications within eight weeks of their receipt and that any
additional consultation requirements could lead to many more applications
not being determined within this period. Some Members felt that the quality
of decisions was of greater importance than speed of determination;
(e)
Members were advised that if they felt the comments of the Highway
Authority did not reflect the local situation when considering an application,
an appropriate course of action may be for deferment of the application for a
site inspection where a representative of the Highway Authority might be
present;
(f)
Members were advised of a possible presentational change to the accounts
which may be required and which related to the way in which the treatment
of Social Housing Grants was presented.
During discussion, the following revised wording for the motion was PROPOSED
and SECONDED and was, on being put to the vote, LOST:This Council agrees and supports the contention that the Highway
Authority in the true spirit of consultation, co-operation and
partnership should be obliged to consult with Town and Parish
Councils and with local communities on all highway issues
connected with planning applications prior to the Highway Authority
making recommendations and that this motion be also placed as an
agenda item for the next South Hams and Devon County Partnership
Committee.
(5)
Cncl 13.9.01
81/01
EXECUTIVE MEETINGS - PROGRESS
The Leader of the Council drew attention to this opportunity for Members to ask
questions of Executive Members.
In this respect, the Council was informed that a meeting had been arranged between
Plymouth City Council and this Council, to discuss arrangements relating to play
areas located in Woolwell which were in the ownership of the City Council.
The Leader also drew attention to the workings of the new political system which, at
present, seemed to be working well, and made particular reference to his desire for
local Members or those Members who had a particular interest in a subject, to be
invited to meetings of the Executive, so as to express their views on issues within
their areas.
82/01
IMPLEMENTING ELECTRONIC GOVERNMENT
(IEG) STATEMENT (MIN 69/01 & E.24/01 REFER)
The Council was reminded that it had, at its meeting on 26 July 2001, considered a
report concerning the requirement on this Council to submit a draft “Implementing
Electronic Government Statement” (IEG) to the Department of Transport, Local
Government and the Regions (DTLR) by 31 July 2001. It was noted that a draft
statement had been submitted within the required time-scale and that the Council
was now asked to consider the statement in more detail. It was further noted that the
matter had been considered by the Executive at its meeting on 23 August 2001.
During discussion, the following points were raised:(a)
A Member suggested that due to the recent tragic events in America, and any
response to them which may include this Country, less Government funding
may be available than previously envisaged;
(b)
Whilst recognising the importance of allowing greater access to the
Council’s services via different media, some Members felt that the additional
financial implications to the Council should be carefully examined,
particularly bearing in mind the experiences gained via the Central
Reservation System;
(c)
Members suggested that a possible way of undertaking the necessary work
with the minimum amount of expenditure would be to consider partnership
arrangements with neighbouring authorities.
RESOLVED
That the Council adopt the Implementing Electronic Government
Strategy and that it be submitted to the Department of Transport,
Local Government and the Regions.
(6)
Cncl 13.9.01
83/01
AVON ESTUARY MANAGEMENT PLAN
Consideration was given to a report which reminded Members that the District had
been one of the lead authorities within the South West region in pursuing the
establishment of non-statutory management plans for its five estuaries. The Avon
Estuary Management Plan provided clear objectives for the estuary in order to
achieve sustainable development by focussing upon issues and making management
proposals to address them. Members were now asked to consider the plan so that it
could be produced and distributed to relevant organisations and related parties for
consultation.
During discussion the following points were made:(a)
That appropriate policing of water skiing activities on the Avon Estuary
should be undertaken so as to ensure that the use of the estuary was enjoyed
by all;
(b)
Members felt that as the five estuaries within the Council’s area played such
an important factor in its environment, Members should be given the
opportunity to view these estuaries via site visits.
RESOLVED
84/01
1.
That the Avon Estuary Management Plan be approved for
production and distribution;
2.
That the possibility of site inspections of the five estuaries
within the South Hams be investigated.
DETERMINATION OF CAPITAL
FINANCING ARRANGEMENTS 2000/2001
The Council was reminded that the Local Government and Housing Act 1989
included a requirement for the authority to make certain decisions in respect of
capital funding and debt redemption arrangements by 30 September each year.
Consideration was therefore given to a report which set out the capital funding and
debt redemption arrangements for the Council during which an explanation of
useable capital receipts and government grants for disabled facilities was given.
RESOLVED
That the capital expenditure and financing arrangements for
2000/2001 be approved in accordance with the report presented to
the meeting.
85/01
STATEMENT OF ACCOUNTS 2000/2001
The Council was reminded that the Accounts and Audit Regulations 1996 set out
requirements for the production and publication of the local authority’s annual
statement of accounts which included a requirement for the Council to approve the
accounts by 30 September each year. It was noted that these accounts were an
essential feature of public accountability since they provided the stewardship report
(7)
Cncl 13.9.01
on the use of funds raised from the public and were an important part of the
budgetary process since the closing of accounts confirmed the availability of
reserves and balances for future use. Members' attention was also drawn to the
authority requested to carry forward £173,700 of the 2000/2001 surplus to support
revenue expenditure in 2001/2002.
Particular reference was made to:(a)
a surplus which had been achieved on the general fund of £436,000, together
with an explanation of the variations in both expenditure and income which
had contributed to this surplus;
(b)
the impact of interest rate changes on the Council’s investment portfolio
where it was noted that a ¼% increase or decrease in interest rates had an
impact of around £100,000 per annum;
(c)
requests for the carry forward of unspent revenue budget provision;
(d)
a statement indicating capital expenditure which had amounted to
approximately £3.9 million against an approved budget of £7.2 million
where the under-spend of approximately £3.3 million was largely due to the
re-phasing of expenditure from 2000/2001 to 2001/2002;
(e)
final approval from the District Auditor on the Council’s accounts was
awaited.
During discussion the following points were raised:(i)
Members were advised that, following the recent events in America, a close
eye was being kept on the Council’s investments, so as to ensure that its
returns were maintained at a reasonable level;
(ii)
That the Executive would, at its meeting on 20 September, be considering a
future budget strategy.
RESOLVED
1.
That the Statement of Accounts for the financial year ended
31 March 2001 be formally approved;
2.
That the sums identified at Appendix B to the report
presented to the meeting be carried forward to the
2001/2002 financial year;
3.
That the Chief Finance and Administration Officer be given
delegated authority to make any necessary presentational
changes to the Statement of Accounts, following the
completion of works by the District Auditor.
(8)
Cncl 13.9.01
86/01
CONSTITUTIONAL MATTER DEVELOPMENT CONTROL COMMITTEE
Members were informed that following the adoption of the Council’s constitution at
the Council’s meeting on 21 June 2001 (minute 38/01 refers) there was a need to
define the framework of the Development Control Committee, and details
concerning the proposed inclusion in the constitution under Part 4 - Procedure Rules
for Other Bodies of the Council were presented to the meeting. Particular reference
was also drawn to the need for clarity when determining the quorum of any body of
the Council as to whether Members who had declared an interest in particular issues
could legitimately be included for that purpose. To this end a general provision was
suggested for inclusion in the constitution.
During discussion, attention was drawn to the general obligation for Councillors to
remain for the whole of the debate on any particular application.
RESOLVED
87/01
1.
That the framework contained in the report presented to the
meeting be adopted for meetings of the Development
Control Committee;
2.
That the general provision relating to quorums detailed in
the report be adopted;
3.
That the Monitoring Officer be authorised to make
appropriate amendments to the constitution.
DECORATIONS FOR PAST CHAIRMEN
Consideration was given to a report which sought authority to provide past Chairmen
of the Council with an official memento of their term of office.
During discussion, the following points were raised:(a)
A number of Members felt that this was not an appropriate use of the
Council’s resources when other services which may be considered to be
more beneficial had seen their financial contribution either cut or refused;
(b)
Some Members felt that this Council was behind others in the provision of
some recognition for the work and time commitment involved in being
Chairman of the Council;
(c)
Some Members felt that past Chairmen should be asked to pay for their
badges if they wanted one. Other Members felt that this would be
inappropriate;
(d)
A Member referred to the commemorative plaque which the Council had
available and which, in her opinion, would be an appropriate recognition.
(9)
Cncl 13.9.01
At the commencement of the item, the following recommendation was duly
PROPOSED and SECONDED:That past Chairmen of Council be awarded a lapel badge when
vacating that position.
The following amendment was duly PROPOSED and SECONDED and on being
put to the vote declared LOST:That past Chairmen of Council be awarded a lapel badge when
vacating that position and that the initial cost together with the cost
of the badges for past Chairmen of Council who are serving District
Councillors, be financed by the Council from an appropriate budget,
whilst past non-serving Chairmen be invited to purchase a badge,
with badges for future Chairmen being financed from a small annual
contribution from each Member.
The following amendment was duly PROPOSED and SECONDED and on being
put to the vote declared LOST:That past Chairmen of Council be awarded a lapel badge when
vacating that position and that the initial cost together with the cost
of the badges for all past Chairmen of Council be financed by the
Council from an appropriate budget, with badges for future
Chairmen being financed from a small annual contribution from
each Member.
A proposition in accordance with Council Procedure Rule 12.11 (Closure Motions),
for the matter to be deferred was duly PROPOSED and SECONDED and on being
put to the vote declared CARRIED.
RESOLVED
That the matter be deferred to the next meeting of Council.
88/01
PLANNING APPLICATIONS
The Council considered reports on the following planning applications for planning
consent:(a)
Use for farmers markets to be held monthly, Regulation 3, LPA own
development, Chief Executive delegated authority dated 14 May 2001 Harford Car Park, Ivybridge (plan 27/1242/01/DC);
(b)
Construction of Council depot, Regulation 3, LPA own development in
pursuance of a decision of Policy Committee, minute POL.186/98 dated 15
April 1999 - Torr Quarry, East Allington, Totnes (plan 08/1249/01/DC).
The Chairman of the Development Control Committee reported that the
committee had considered the comments received from the Parish Council
and the Environment Agency.
(10)
Cncl 13.9.01
RESOLVED
1.
That in respect of application 27/1242/01/DC detailed
above, consent be granted subject to the following
conditions:NS07 - Five year condition;
Non-Standard - Number of markets restriction;
2.
That in respect of application 08/1249/01/DC detailed
above, consent be granted subject to the following
conditions:NS03 (Standard NS3);
NA04 (Materials, NA4);
NE06 (Retention of bank, NE6);
NE01 (Landscaping, NE1).
89/01
EXCLUSION OF PUBLIC AND PRESS
RESOLVED
That, in accordance with Section 100(A)(4) of the Local
Government Act 1972, the public and press be excluded from the
meeting during consideration of the following item of business as
the likely disclosure of exempt information as defined in paragraphs
7, 8 & 9 of Part 1 of Schedule 12A to the Act is involved.
90/01
SOUTH HAMS LOCAL PLAN REVIEW SOUTHERN AND EASTERN AREAS
Consideration was given to a report which outlined the results of the South Hams
Urban Capacity Study and their bearing on the southern and eastern parts of the
Local Plan.
RESOLVED
That the content of the southern and eastern area based parts of the
South Hams Local Plan Review be approved for publication.
(Meeting commenced at 2.00 pm and concluded at 5.05 pm).
_________________
Chairman
(11)