Agenda and minutes

(The Chairman will then read and sign the declaration of acceptance of office).

01/23                    

RESOLVED

That Cllr G Pannell be elected Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2024.

Cllr Pannell subsequently declared and signed his acceptance of office.

02/23    

In addressing the Council, Cllr Pannell offered his congratulations to the newly elected Members and welcomed them to their first Council meeting and sympathised with those who had lost their seats. He expressed his honour at being elected as Chairman of the Council and wished to put on record his particular thanks to Mr Austen for the way that he had chaired the Council during 2022/23.

During his address, Cllr Pannell made specific reference to:-

-       his expectation that it would be an exciting and stimulating year;

-       his wish that Members would all work in the best interests of the South Hams and its residents, and that he would do his best to foster a spirit of cooperation, albeit with some lively political debate;

-       his chosen charity for the Municipal Year being the RNLI (Royal National Lifeboat Institution).

03/23    

In proposing and seconding the vote of thanks to the retiring Chairman, particular reference was made to the non-partisan way that Mr Austen had chaired Council meetings, some of which that had proven to have had particularly contentious debates.  The proposer and seconder both expressed the view that Mr Austen had been a credit to South Hams District Council.

It was then:

RESOLVED

That the thanks of the Council be extended to Mr Austen for the manner in which he had performed his duties during his term of office as Chairman of the Council.

04/23    

At the invitation of the meeting, the retiring Chairman thanked Members for their kind comments.

(The Vice Chairman will then read and sign the declaration of acceptance of office).

05/23    

RESOLVED

That Cllr B Taylor be appointed Vice Chairman of the Council for the period expiring on the date of the Annual Meeting of the Council in 2024.

Cllr Taylor subsequently declared and signed his acceptance of office.

to approve as a correct record the minutes of the meeting of the Council held on 30 March 2023 and the Special Meeting held on 13 April 2023;

06/23                    

The minutes of the meeting of Council held on 30 March 2023 and the Special meeting of Council held on 13 April 2023 were both confirmed as a correct record.

In accordance with the Code of Conduct, Members are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests including the nature and extent of such interests they may have in any items to be considered at this meeting;

07/23                    

Members were invited to declare any interests in the items of business to be considered during the course of the meeting but there were none made.

upon his/her election, the Leader to announce their Deputy Leader and Executive membership (including portfolio areas);

08/23    

RESOLVED

That Cllr J Brazil be elected Leader of the Council and Chairman of the Executive for the period expiring on the date of the Annual Meeting of the Council in 2027.

In expressing his gratitude at being elected Leader of the Council, Cllr Brazil revealed to the Council that, in accordance with the Strong Leader model (Minute 57/10 refers), and in his wish of this being an inclusive Council, he had chosen to appoint Cllr Thomas to the position of Deputy Leader for the period expiring on the date of the Annual Meeting of the Council in 2027.  Furthermore, he had decided to appoint Cllrs Abbott, Birch, McKay, O’Callaghan, Hodgson and Hopwood to serve with him and the Deputy Leader on the Executive.

Cllr Brazil proceeded to express his wish for this Council term to be one of consensus and compromise. He stated that his aim was for the Council to deliver against the elements contained within the recent South Hams Liberal Democrat Group Election Manifesto particularly in relation to Housing and Climate Change and Biodiversity. In addition, it was essential that the key Council services (including Waste and Housing) were delivered to a high standard in order that South Hams District Council was recognised as an exemplar Council that delivered excellent services for and to its local communities.

In closing, Cllr Brazil offered his sympathies to those Members who had lost their seats at the recent election and paid particular tribute to Mr Keith Baldry, who had led the Liberal Democrat Group in opposition for many years of service on the Council.  He also offered his thanks to Mrs Cathie Pannell, who had been a Member of the Council when he was first elected in 2003 and had acted as a mentor to him.  Finally, Cllr Brazil thanked the previous Leader of Council (Mrs Judy Pearce) for her hard work, dedication and achievements in serving the people of the South Hams.

In response, a number of Members offered their congratulations to Cllr Brazil on his election to the role of Leader of the Council and wished him every success during his term of office.

to approve a review carried out in consultation with leaders of the Political Groups.  This is reflected in the list of Council Bodies (to follow) – see item 10 below;

09/23     REPRESENTATION ON POLITICAL GROUPS

The Chairman advised Members that a review of the representation of the political groups on the Council’s Bodies had been carried out in consultation with the Leaders of the three Political Groups.

It was then:

RESOLVED

1.      That it be noted that the Political Composition of the Council is as follows:-

·           A Liberal Democrat Group of 19 Members;

·           A Conservative Group of 7 Members;

·           A Green Party Group of 3 Members;

·           A Labour Party Member; and

·           An Independent Member;

2.      That the overall political balance of Council Bodies, as reflected in the paper tabled to the meeting, be approved.

to appoint the Members of the following Council Bodies for the 2023/24 Municipal Year:-

a)         Audit & Governance Committee;

b)        Council Tax Setting Committee;

c)         Development Management Committee;

d)        Licensing Committee; and

e)        Overview & Scrutiny Committee.

10/23    

The Council subsequently received nominations from the Group Leaders and Independent Members for the membership of the Bodies of the Council.

It was then:

RESOLVED

That, for the 2023/24 Municipal Year, Members be appointed to the Bodies of the Council as set out in Appendix A to these minutes.

to elect the Chairman and Vice-Chairman of the following Bodies of the Council for the 2023/24 Municipal Year:-

a)         Audit & Governance Committee;

b)        Council Tax Setting Committee;

c)         Development Management Committee;

d)        Licensing Committee; and

e)        Overview and Scrutiny Committee.

11/23    

The Council received nominations from its Group Leaders for the positions of Chairmen and Vice Chairmen of the Bodies of the Council.

It was then:

RESOLVED

That the Chairmen and Vice Chairmen of the Bodies of the Council for the 2023/24 Municipal Year be as indicated below:-

Body                                                                                      Chairman                             Vice Chairman

Audit & Governance Committee                               Cllr Bonham                       Cllr Nix

Council Tax Setting Committee                                  Cllr Brazil             

Development Management Committee                Cllr Long                               Cllr Taylor

Licensing Committee                                                      Cllr Rake                              Cllr Carson

Overview and Scrutiny Committee                           Cllr Hawkins                       Cllr Cooper

to agree to the appointment of Members as representatives on Outside Bodies for the 2023/24 Municipal Year;

NOTE: Although some of these appointments are accepted by the “Outside Bodies” for a period of years, it is the Council’s practice where possible to review all appointments annually.

12/23    

A paper was considered that set out details of those Outside Bodies to which the Council appointed representatives and included a list of nominations for representation on these Outside Bodies.

Two nominations (Cllrs J Brazil and J Hodgson) had been received for the one position on the Devon Authorities Strategic Waste Committee

When put to the vote, it was declared CARRIED that Cllr J Brazil be appointed to the position on the Devon Authorities Strategic Waste Committee.

Two nominations (Cllr J Brazil and J Hodgson) had been received for the one position on the Heart of the South West Joint Devolution Committee

When put to the vote, it was declared CARRIED that Cllr J Brazil be appointed to the Heart of the South West Joint Devolution Committee

It was then:

RESOLVED

1.      That the Council be represented on the list of Outside Bodies as presented to the meeting;

2.      That the Members named in Appendix C to these minutes be appointed as the Council’s representatives to those Bodies for the 2023/24 Municipal Year, and that, for the purposes of Members’ Allowances, attendance at meetings of these bodies be regarded as an approved duty; and

3.      That Members appointed to Outside Bodies provide a written report following each meeting; regular feedback and consultation on the issues affecting the Bodies concerned.

to agree to the appointment of the following Groups for the 2023/24 Municipal Year:-

a)         Devon Building Control Partnership;

b)        Director – Plymouth & South Devon Freeport;

c)         Joint SH/WD/Plymouth Local Plan Partnership Board;

d)        Rate Relief Panel;

e)        Slapton Line Steering Group;

f)          South Devon AONB Partnership Committee; and

g)         Tamar Valley AONB Partnership Committee.

13/23    

Members proceeded to consider the appointment for the 2023/24 Municipal Year of the:-

a)     Devon Building Control Partnership;

b)     Director – Plymouth & South Devon Freeport;

c)      Joint SH/WD/Plymouth Local Plan Partnership Board;

d)     Rate Relief Panel;

e)     Slapton Line Steering Group;

f)      South Devon AONB Partnership Committee; and

g)     Tamar Valley AONB Partnership Committee.

Once the principle and size of these Boards and Panels had been determined by the Council, Members proceeded to consider the appointments to each of these Bodies and, based upon these two decisions, it was then necessary for a vote to be undertaken for the two positions on the Joint SH/WD/Plymouth Local Plan Partnership Board, for which three nominations had been received (Cllrs J Brazil, J Hodgson and D Thomas).

In light of there being two positions available, the Chairman exercised his discretion to call for a recorded vote on these appointments, with the vote breakdown being as follows:

Cllr Brazil: 26 votes – Cllrs Abbott; Allen; Bonham; Carson; Cooper; Dennis; Dewynter; Dommett; Hancock; Hawkins; Hodgson; Hopwood; Lawford; Long; McKay; Munoz; Nix; O’Callaghan; Oram; Pannell; Penfold; Presswell; Rake; Steele; Taylor and Yardy;

Cllr Hodgson: 4 votes – Cllrs Allen; Hodgson; Presswell; and Yardy;

Cllr Thomas: 23 votes – Cllrs Abbott; Bonham; Brazil; Carson; Cooper; Dennis; Dewyter; Dommett; Hancock; Hawkins; Hopwood; Lawford; Long; McKay; Munoz; Nix; O’Callaghan; Oram; Pannell; Penfold; Rake; Steele and Taylor.

Abstentions: 1 – Cllr Thomas

Absent: 3 – Cllrs Birch; Edie and Jackson.

and it was therefore declared CARRIED that Cllrs J Brazil and D Thomas be appointed to the two positions on the Joint SH/WD/Plymouth Local Plan Partnership Board.

It was then:

RESOLVED

That the appointment of the Governance Boards / Panels of the Council for the 2023/24 Municipal Year be approved, as shown in Appendix B to these minutes.

14/23    

The Council considered a report that sought approval for the appointment, until the next annual meeting, of five persons as Independent Persons to assist in the discharge of the Council’s arrangements for dealing with standards complaints.

During the ensuing debate, particular reference was made to:

a)       gender balance.  A Member expressed her concern over the lack of gender balance within those appointed to the Independent Persons roles; and

b)      the terms of appointment/re-appointment.  A Member queried the appointment/re-appointment process and specifically asked whether or not it was possible for the terms of appointment to be reduced.  In reply, the Monitoring Officer stated that it was his wish to review the process during this Council term and that the matters raised would make up part of the review process.

It was then:

RESOLVED

That the following persons be appointed as Independent Persons until the next annual meeting:

George Barnicott

Peter Boreham

Martin Gleed

Trevor Kirkin

Victoria Spence

15/23                    

The Council gave consideration to a report that presented the Council Constitution and the changes made to it by the Monitoring Officer under delegated powers. The changes were recorded in the Record of Changes set out in Appendix A of the presented report.

It was then:

RESOLVED

1.         That the Constitution (as set out at:https://southhams.gov.uk/our-constitution)be noted; and

2.       That the changes made by the Monitoring Officer since the adoption of the Constitution and as set out in the Record of Changes (attached as Appendix A to the presented agenda report) be noted

16/23    

The Council gave consideration to a report that sought approval for the criteria and procedure to appoint Honorary Aldermen

During debate, a Member expressed concern at the title ‘Aldermen’ and questioned whether or not it was possible to change the title so as to reduce the gender bias.

In response, it was confirmed that the title of ‘Honorary Alderman’ was a legal title so could not be amended by the Council in isolation.  As a result, an amendment to add an additional recommendation was PROPOSED, SECONDED and when put to the vote declared CARRIED that read as follows:

3.      That the Council make representations to request that the current legal title: ‘Honorary Alderman’ be revised to ‘Honorary Alder’.

It was then:

RESOLVED

1.      That the criteria for appointing Honorary Aldermen of the Council as set out in paragraph 3.1 of the presented report, be approved;

2.      That Group Leaders be invited to make nominations to appoint Honorary Aldermen of the Council, prior to the arrangement of a Special Council meeting specifically convened for this purpose; and

3.      That the Council make representations to request that the current legal title: ‘Honorary Alderman’ be revised to ‘Honorary Alder’.

to receive and as may be necessary approve the minutes and recommendations of the under-mentioned Bodies:-

* Indicates minutes containing recommendations to Council.

17/23                    

RESOLVED

That the minutes and recommendations of the undermentioned bodies be received and approved subject to any amendments listed below:-

a)     Overview & Scrutiny Committee                     16 March 2023

b)     Development Management Committee        5 April 2023

c)      Executive                                                                   13 April 2023

With regard to recommendation E.97/22 (2) Waste and Recycling Service Update, it was noted that this item had already been determined at the Special Council Meeting held on 13 April 2023 (Minute 84/22 refers).