1.
Minutes
– to approve as a correct
record and authorise the Chairman to sign the minutes of the annual meeting of
the Council held on
2. Urgent Business – the Chairman to announce if any item not on the agenda should be considered on the basis that he considers it as a matter of urgency (any such item to be deal with under item 7 below).
3. Confidential Business – the Chairman to inform the meeting of any confidential item of business.
4.
Exempt
Information – to consider whether the consideration of any item of
business would be likely to disclose exempt information and if so the category
of such exempt information.
5.
Chairman’s Announcements
6.
Declarations
of Interest –
Members are invited to declare any personal or prejudicial interests, including
the nature and extent of such interests, they may have in any items to be
considered at this meeting.
7. Business Brought Forward by the Chairman – to consider business (if any) brought forward by the Chairman as reported under item 2 above.
8. Questions – to consider the following questions received in accordance with Council Procedure Rule 8.
From
Cllr Ward to Cllr Barnes, Executive Member for Value for Money
(i)
How many planning appeals has this Council lost over the past 3 years,
where officers have had to defend a member decision which was contrary to an
officer's recommendation, and what has been the cost to the taxpayer?
From
Cllr
(ii)
Over the last few months SHDC has taken itself to the High Court on two
occasions in respect of planning decisions. How
much have these cost in total and in addition is there any compensation to pay?
From
Cllr Pennington to Cllr Tucker, Leader of the Council
(iii)
At the Council meeting of
In
accordance with Council Procedure Rule 12.8, the proposer and seconder withdrew
the motion. Therefore, as one who is
on record as strongly advocating the formation of a finance / audit committee
over several years, can the Leader of the Council explain and justify why the
formation of the new Audit Committee is now in compliance with the unamended
Local Government Act 2000 in 2007 when the formation of a new committee was
deemed not to have been in compliance with Part 2 of the Local Government Act
2000 in the year 2005? What if
anything has changed and does it or does it not meet the requirements today of
Part 2 of the Local Government Act 2000?
(iv)
If the formation of the Audit Committee is in compliance with Part 2 of
the Local Government Act 2000, then, logically and legally, does not this also
enable the Council to establish, if necessary or essential, additional
committees, and does not the Leader of the Council agree that such matter could
be placed as an agenda item for consideration by the Political Structures
Working Group?
(v)
The Blair Labour Government introduced by way of the Local Government Act
2000 the typically Labour Government undemocratic Council constitution of
Executive and Policy Development Groups, which replaced the previous democratic
service committee structure, and although optional it was supported by some
chief council officers. The result
was that on South Hams District Council between 13 July 2001 to 15 May 2003 the
Executive was responsible for 284 Council resolutions (92%) as against 27 (8%)
by Policy Development Groups, whereas previously from July 1999 to June 2001
under the committee system service committees accounted for 828 resolutions
(72%) as against 235 (28%) resolutions by the Policy Finance Committee.
The
situation in 2006/07 is little different with the Executive making approximately
119 (83%) resolutions against Policy Development Groups 23 resolutions
approximately (17%). Therefore, when
only one fifth of Council elected Members are now responsible for decision
making, does the Leaders of the Council consider that in the interests of public
democratic accountability the time is now appropriate for the Political
Structures Working Party to undertake a comprehensive review of the Council’s
constitution with a view to returning to a democratic system?
(vi)
At full South Hams District Council meetings, elected Members are only
permitted to ask questions on Executive or Policy Development Group minutes.
Does not the Leader of the Council agree that in the democratic interest
of our constituents in addition to questions Members should in future be
permitted to engage in full debate and make recommendations?
(vii)
Under the current Constitution which allows for Scrutiny does not the
Leader of the Council agree that it would be more meaningful and democratic to
change all Policy Development Groups to become Overview/Scrutiny Committees
similar to those in operation at Devon County Council, and which would also make
provision for task and finish groups, and would he not agree that this issue
could be placed as an agenda item for consideration by the Political Structures
Working Group?
(viii)
Could the Leader of the Council please give the full costs including
estimated officer time in addition to the £5,667 (if relevant) of the General
Satisfaction Survey 2006 / 07 as reported under item 10 on the Executive Agenda
of 7 June 2007.
(ix)
The General Satisfaction Survey item 10 of the Executive Agenda 7 June
2007 consisted of 51 pages. Does the Leader of the Council not consider
that to be much too bureaucratic and could not this be considerably reduced in
size and scope as is apparently the position on West Devon District Council?
From Cllr Pennington to Cllr
Saltern, Chairman of the Personnel Panel
(x)
Will the Executive Member and Chairman of the Personnel Panel give
instructions for the preparation of departmental and section structure charts
containing positions and names of all relevant officers for distribution to all
Members, and in particular, newly elected Members?
From
Cllr Pennington to Cllr May, Executive Member for Environmental Health
(xi)
The Council has been awarded £35,267 for 2007 - 2008 to meet the
Council's expenditure for the enforcement of the new smoke-free laws, after
which, the Government expect the legislation will be virtually self enforcing.
However of the outturn is not self enforcing, can the Executive Member
responsible for Environmental Health matters inform the Council of any
contingency plans and has any estimate been made of possible cost in additional
officer time?
(a) Proposed by Cllr Rowe and seconded by Cllr Tucker:
“That this Council should
write to The National Federation of Women’s Institutes to support
them in their
campaign to raise public awareness of the unfair difference between the retail
price of milk
and the price which is paid to the farmers by the processors. The farmers’
cost of production
is 3p per litre more than the price received by them from the
processors forcing many of them
out of business.”
(b)
Proposed by Cllr
“This Council will introduce
a weekly collection of organic waste during the summer months
at the
earliest possible opportunity.”
10.
Statement
of Accounts: 2006 / 2007 - to consider a report summarising net revenue
and expenditure and seeking approval for the Statement of Accounts for 2006 /
2007 (circulated separately).
11. Adoption of New Member Code of Conduct – to consider a report on the issuing of new Regulations on the Code of Conduct for Members and the need to revise the Council’s adopted Code (circulated separately).
12.
Development
Control Core Policies Development Plan Document – Preferred Options
– to consider a report which seeks approval for the publication of the South
Hams Local Development Framework Development Control Core Policies Preferred
Options Document (circulated separately).
13.
Affordable
Housing Policies Development Plan Document – Preferred Options – to
consider a report which seeks approval to publish the South Hams Local
Development Framework Affordable Housing Policies Preferred Options Document
(circulated separately).
14.
Rural
Areas Development Plan Document – Issues and Options – to consider a
report which seeks approval to publish the South Hams local Development
Framework Rural Areas Issues and Options Document (circulated separately).
15.
Member
Champions – to consider a report on the appointment of Member
Champions (circulated separately).
16. Amendment To Off Street Parking Places Order 2007 – to consider a report on the representations made in respect to an amendment to the Off Street Parking Places Order 2007 (circulated separately).
17.
Reports
of Bodies – to
receive and as may be necessary approve the minutes and recommendations of
the under-mentioned Bodies:-
|
|
Council
Body |
Date
of Meeting |
Minute
Nos. |
|
(a) |
|
23 May 2007 |
DC.1/07 to DC.7/07 |
|
(b) |
Environment Policy Development Group |
|
EPDG.1/07 to EPDG. 3/07 |
|
(c) |
|
|
SH.1/07 to SH.11/07 |
|
(d) |
|
|
E.1/07 to E.17/07 |
*
Indicates minutes containing recommendations to Council.
Members
of the public may wish to note that the Council's meeting rooms
are
accessible by wheelchairs and have a loop induction hearing system.
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An optional lunch will be available for all Members
in the Dining Room at
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MEMBERS
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