Agenda item

Notice of Motion

to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1

 

(a)    By Cllrs Pearce and Hopwood

 

We ask that the Council Payroll Department set up a facility through CAF (the Charities Aid Foundation) so that anyone on the Payroll can establish regular giving to a charity or charities of their choice.’

 

(b)  By Cllrs Birch and Baldry

 

‘That the Council, as from the start of the 2020/21 Financial Year, increase the Council Tax premium on properties that have been empty for over two years from 50% to 200% thus resulting in the Council Tax on such properties being 300%.’

 

(c)    By Cllrs Hodgson and Rose

 

‘That the policies and proposals of the Joint Local Plan must be reviewed as a matter of urgency, as in its present form, it conflicts with and is unable to deliver a sustainable future, in light of the recognition of the Climate and Biodiversity Emergency that South Hams District Council has declared.’

 

(d)  By Cllrs Hodgson and Rose

 

‘Prior to being signed as a legally binding contract between SHDC and/or DCC and other relevant parties regarding a planning decision, a draft copy of the Section 106 Agreement will be provided to the relevant local Ward Member(s) for three days to provide an opportunity for any questions or clarification.’

 

Minutes:

It was noted that four motions had been received in accordance with Council Procedure Rule 10:

 

(a)  By Cllrs Pearce and Hopwood

 

“We ask that the Council Payroll Department sets up and publicises a ‘Give as You Earn’ scheme, so that anyone on the payroll is able to establish regular giving to a charity or charities of their choice.”

 

In her introduction, the proposer advised that, having sought advice from the Section 151 Officer, she had slightly altered her motion from that contained in the published agenda papers. 

 

In support of her motion, the proposer advised that there were tax incentives from such a scheme that also enhanced a corporate sense of social responsibility.

 

In discussion, the following points were raised:-

 

(i)            The Council was informed that the scheme was applicable to all registered charities;

 

(ii)          Whilst wholeheartedly supporting the motion, a Member did wish to make the point that a number of Members already donated to a number of charities.

 

It was then:

 

RESOLVED

 

This Council asks that its Payroll Department set up and publicise a ‘Give as You Earn’ scheme, so that anyone on the payroll is able to establish regular giving to a charity or charities of their choice.

 

(b)   By Cllrs Birch and Baldry

 

“That the Council, as from the start of the 2020/21 Financial Year, increase the Council Tax premium on properties that have been empty for over two years from 50% to 200% thus resulting in the Council Tax on such properties being 300%.”

 

The proposer quoted Council Procedure Rule 12.7(a) ‘Alteration of Motion’ and PROPOSED the following revised motion to that contained within the published agenda papers:-

 

Subject to a recommendation from the Executive to Council in February 2020 on timing and staggered increases, the Council, as from the start of the 2020/21 Financial Year, increases the Council Tax premium on properties that have been empty for over two years from its current level to the maximum amount allowed by Government regulations.’

 

Once SECONDED, the proposer made the following comments:

 

-       15 homes had been empty for over 5 years, with 4 being empty for over 10 years;

-       Whilst the purpose of his motion was not financially driven, the proposer felt that approval would now be timely when considering that the Council was about to start drafting a new Housing Strategy; and

-       His altered motion requested that the Executive take a detailed look at the mechanisms of the process.

 

During the subsequent debate, the following points were raised:

 

(a)  In preparing the report for the Executive, a request was made that reference be included to a recent publication entitled: ‘Action on Empty Homes’;

 

(b)   The motion was important in order to increase the housing stock in the South Hams;

 

(c)    A Member hoped that the Housing Strategy would include the provision for Compulsory Purchase Orders to be used for those homes that had been empty for a long period of time.

 

It was then:

 

RESOLVED

 

Subject to a recommendation from the Executive to Council in February 2020 on timing and staggered increases, the Council, as from the start of the 2020/21 Financial Year, increases the Council Tax premium on properties that have been empty for over two years from its current level to the maximum amount allowed by Government regulations.

 

 

(c)   By Cllrs Hodgson and Rose

 

“That the policies and proposals of the Joint Local Plan must be reviewed as a matter of urgency as, in its present form, it conflicts with and is unable to deliver a sustainable future, in light of the recognition of the Climate and Biodiversity Emergency that South Hams District Council has declared.”

 

During her introduction, the proposer stated that the Joint Local Plan (JLP) had been adopted prior to the Council declaring a Climate Change and Biodiversity Emergency and, such was the significance of this declaration, that it was now timely to review the JLP policies and proposals.

 

In discussion, the following points were raised:

 

(i)      Some Members stated their opposition to the motion for reasons that included:

 

o  The JLP already containing a strategy for managing growth over the plan period that was firmly rooted in the principles of sustainable development;

o    A decision to immediately review and update the JLP would effectively announce that the Strategy and Policies were out of date thereby resulting in the policies not having full weight and weakening the Plan;

o    The likelihood that any such extensive review would take a number of years; and

o    The Council not being able to invoke a review on its own and also requiring the approval of its partner authorities – West Devon Borough Council and Plymouth City Council;

 

(ii)    An addition to the motion was PROPOSED and SECONDED that read as follows:

 

That, pending the outcome of this review, a moratorium be declared on any large scale developments.’

 

A number of Members felt that the addition was unachievable and, as a consequence, the proposer and seconder proceeded to withdraw it;

 

 

(iii)    A Member felt strongly that legislation should be adopted to ensure that all new build development was carbon neutral.

 

When put to the vote, the motion was declared LOST.

 

 

(d)   By Cllrs Hodgson and Sweett

 

‘Prior to being signed as a legally binding contract between SHDC and/or DCC and other relevant parties regarding a planning decision, a draft copy of the Section 106 Agreement will be provided to the relevant local Ward Member(s) for three days to provide an opportunity for any questions or clarification.”

 

The proposer introduced her motion and cited a particular example that she felt justified why it should be approved at this meeting.

 

(a)   An amendment was PROPOSED and SECONDED that read as follows:

 

Following a decision to grant planning permission that is subject to a Section 106 Agreement involving a Major planning application, the first and final drafts of the Section 106 Agreement will be provided to the local Ward Member(s) in which the development is situated so that they are aware of the proposed content.’

 

       The proposer and seconder of the amendment advised that they had sought advice from the Deputy Monitoring Officer prior to this meeting and this amendment reflected that advice.

 

       When put to the vote, this amendment was declared CARRIED;

 

(b)   It was noted that local Ward Members had a key role to play in the process and approval of this motion would reflect this importance.

 

It was then:

 

RESOLVED

 

Following a decision to grant planning permission that is subject to a Section 106 Agreement involving a Major planning application, the first and final drafts of the Section 106 Agreement will be provided to the local Ward Member(s) in which the development is situated so that they are aware of the proposed content.