Meeting documents
Present:-
Councillors Hart (Chairman), Clatworthy, Barker, Channon, Croad, Davis, Leadbetter, S Hughes and Mumford.
Members attending in accordance with Standing Order 25
Councillors Colthorpe, Greenslade, Hannon, Hook, Knight, McMurray, Newcombe, Radford, Robinson, Sellis, Spence and Way.
*314 Minutes
RESOLVED that the minutes of the special meeting held on 9 February 2011 be signed as a correct record.
*315 Chairman s Announcements
The Chairman:
welcomed Mr M Bull, who was attending the meeting in his capacity as an Independent Member of the Council's Standards Committee to observe and monitor compliance with the Council s ethical governance framework;
confirmed that, following the last minute cancellation of a ski trip organised by Tavistock College due to unforeseen circumstances, the County Council had agreed to cover the students' refunds - pending any legal action and negotiations with insurers - recognising that students and their families were out of pocket through no fault of their own;
reported that this would be the last Cabinet meeting to be attended by Mr Chris McCarthy as Interim Executive Director for Environment, Economy Culture and paid tribute to his contribution and commitment to the work of the Council during the period of his appointment. Group Leaders associated themselves with the Chairman s remarks.
*316 Matters of Urgency: Petitions
(An item taken under Section 100B(4) of the Local Government Act 1972.)
(Councillors Greenslade, Hannon, Hook, Spence and Way attended in accordance with Standing Order 25(2) and spoke to this item).
The Chairman had decided that the Cabinet should consider this item as a matter of urgency.
(a) The Leader was presented, by Councillor Way, with a petition organised by residents of Crediton and surrounding areas containing approximately 220 signatures seeking the reinstatement of the local Crediton Town bus service. In accepting the petition, and in line with the Council's petition scheme, the Chairman indicated that the Executive Director of Environment, Economy Culture would be asked to respond direct to the petitioner on the issues raised within 15 days.
(b) The Leader was presented, by a Mr Stone, with a petition organised by residents of Dartmouth containing in excess of 1000 signatures opposing the closure of the Sunday Recycling Centre at Dartmouth and seeking the partial reinstatement of the service, due to be further discussed by the Cabinet this day (Minute 321 refers). In accepting the petition, and in line with the Council's petition scheme, the Chairman indicated that the Executive Director of Environment, Economy Culture would be asked to respond direct to the petitioner on the issues raised within 15 days.
(c) The Chairman reported that a petition signed by young people and supporters of the Youth Service in Devon containing in excess of 8900 signatures seeking the withdrawal of reported plans to cut Youth Service budgets had been received. A separate, complementary, e-petition had also lodged by the petition organiser on the Council s website containing a further 595 signatures.
Members noted that, in accordance with the Council's Petition Scheme, if a petition with more than 6000 signatures was received (equivalent to approximately 1% of the population of the administrative County) then it would automatically trigger a debate by the Council; the Council was required to respond formally to the petition organiser indicating what action it would take in response.
Ms H Jandu attended on behalf of the petition organiser to present the petition and put forward the petitioners case. The petition organiser had specifically asked that this matter be dealt with at this meeting of the Cabinet and the Leader had confirmed his willingness so to do and had exercised his discretion to vary the order of business to enable this item to be considered at this point in the meeting.
The representative of the petition organiser explained that young people and their supporters were calling on the County Council to withdraw its plans to cut Youth Service budgets by over 1 million. This would, in their view, mean cuts to County Council youth services and funding to voluntary youth groups. They believed that young people should have a major say on how money was spent in their communities and should be involved in decisions at all levels; arguing that society should value young people and should provide a range of services that meet their needs. The petiition also opposed the sacking of youth workers and the loss of youth facilities from local communities and other parts of Devon. Withdrawing these services would, it was argued, cost the citizens of Devon more in the long run as more young people were left unsupported.
The Leader of the Council reported that a consultation exercise was currently being undertaken, with a closing date of 21 March 2011, both to explain why the Council was having to make reductions across all of its activities including the Youth Service and to seek the views and thoughts of young people on the proposed changes to the service before any final decisions were made. Youth Workers were being actively encouraged to talk to young people about the proposed changes to the Youth Service and copies of the consultation/explanatory leaflets made widely available were circulated at the meeting. The petition received this day would similarly be taken into account in those future deliberations.
Members acknowledged the Council s stated priority to protect frontline delivery as much as possible, both by the Council and the voluntary sector, and to protect youth support worker posts and indicated that any final proposals would be closely examined to achieve that desired objective.
It was MOVED by Councillor Hart, SECONDED by Councillor Channon and
RESOLVED that the Petition Organiser be advised of the action already taken and planned by the County Council in relation to the issues raised in the petition, as outlined above.
*317 Questions from Members of the Council
In accordance with the Cabinet Procedure Rules, the relevant Cabinet Members responded to 4 questions from a Member of the Council on the West Exe PFI Contract, Academies, PCT Services and Supporting People grants.
[NB: A copy of the questions and answers are appended to these minutes and are available on the Council s Website at ]
KEY DECISIONS
*318 Budget Monitoring: 2010/11
(Councillors Greenslade, Hannon, Hook and Spence attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the report of the Director of Finance (CR/11/36 - text only | pdf 
CR/11/36) on the position at Month 10, summarising the main areas of financial interest, in relation to revenue and capital spending .
Members noted that while there were continuing pressures on budgets, the overall revenue position had improved with all Directorates indicating an improved financial position resulting from a combination of factors including firm management action, increased income and increased savings from vacancy management. Members were advised that while some costs were still to be finalised in the remaining months of the year, which could potentially have an adverse impact, a balanced revenue budget outturn was still projected. Members paid tribute to the efforts of all staff in delivering services within tight budgets.
Members also noted and acknowledged the reasons for reduced forecast spending and slippage in the capital programme as set out in detail in the Report.
It was MOVED by Councillor Clatworthy, SECONDED by Councillor Hart and
RESOLVED that the position at Month 10 be noted.
*319 Capital Programme 2011/12
(a) Children Young People s Services
(Councillors Greenslade, Hannon, Newcombe, Sellis and Spence attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the joint report of the Executive Director of Children Young People s Services and Director of Finance (CY/11/26 - text only | pdf CY/11/26) on the proposed allocation of the capital programme for 2011/12, outlining the factors taken into account in determining the proposed programme.
The County Council had previously set a capital programme level, excluding estimated carry forwards, of 42,476,000 for 2011/12 together with indicative estimates for future years. The Department for Education (DfE) had however indicated that funding for future years would be announced only after the current review of school capital investment had reported, which was anticipated later this year.
The Report also contained proposals for rephasing of resources in 2011/12 and 2012/13 to ensure resources were available to meet contractual commitments in 2012/13 as a result of projects starting in 2011/12 and to provide a contingency against anticipated spending pressures identified in the Report.
Members acknowledged the recent White Paper, The Importance of Teaching, which highlighted the Government's objective to reduce bureaucracy in allocating capital funding with the intention of securing significantly better 'value for money' from capital projects for schools. Future funding would be targeted to address the poor condition of school buildings and to ensure there were sufficient school places for pupils, particularly at primary level.
The Executive Director also reported that the Council had received confirmation that Dartmouth Academy had secured a 8,274,000 capital allocation although clarification was still awaited as to who would be responsible for delivering the project.
It was MOVED by Councillor Channon, SECONDED by Councillor Hart and
RESOLVED
(i) that the Cabinet notes the priorities and spending pressures relating to the capital programme;
(ii) that the rephasing of the CYPS Medium Term Capital Programme (MTCP) set out in Appendix 1 to report CY/11/26 - text only | pdf CY/11/26 be noted and endorsed;
(iii) that the proposed capital programme for 2011/12 and thereafter and proposed contingencies set out in Appendix 2 to report CY/11/26 - text only | pdf CY/11/26 be approved.
(b) Devon and Torbay Local Transport Plan 2011/2026 : Implementation Plan for Devon and proposed Programme for 2011/12
(Councillors Greenslade, Hannon, Hook, Knight, Newcombe, Spence and Way attended in accordance with Standing Order 25(2) and spoke to this item).
(Councillor Greenslade declared a personal interest in this matter by virtue of being a non Executive (unremunerated) Director of Exeter Airport).
The Cabinet considered the report of the Executive Director of Environment, Economy Culture (EEC/11/35/HQ - text only | pdf | supplementary information EEC/11/35/HQ) on the LTP Implementation Plan for the period 2011/2026 and detailed programmes for 2011/12, the first year of the Plan.
The 2011/26 Local Transport Plan for Devon and Torbay differed significantly from previous plans and now effectively comprised two main documents, namely the Strategy and the Implementation Plan. The joint strategy document for Devon and Torbay had been approved by the County Council on 17 February 2011 and by Torbay Council on the 25 February 2011.
The Implementation Plan indicated how the strategy would be carried out in practice over the life of the Plan. The County Council and Torbay Council would produce separate Implementation Plans to ensure responsive and flexible programmes. Torbay Council had already approved its Implementation Plan alongside the Strategy document.
The initial Implementation Plan for Devon attached to the Directors Report now submitted set out the proposed programme of transport schemes and services from all capital and revenue funding sources over the next five years. Detailed programme approvals to give effect to the proposed Implementation Plan would also be considered by the Cabinet at its meeting this day (Minutes *319(c) and *320 refer).
The Plan aimed to provide a firm foundation upon which to deliver long term economic, sustainable growth and carbon reduction while providing value for money. Both the Strategy and Implementation Plan would enable the Council to influence decisions at local and national levels and generate investment opportunities for both the public and private sectors.
Reference was made to representations received from the Devon Branch of CPRE and others about the LTP and its content.
It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and
RESOLVED
(i) that the Local Transport Plan Implementation Plan for 2011 to 2026 for Devon be approved;
(ii) that the 2011/12 Local Transport Plan Integrated Block and On-Street Parking Account programmes be approved;
(ii) that the Executive Director of Environment, Economy and Culture be authorised, in consultation with the Cabinet Member for Highways Transportation, to vary the 2011/12 LTP programme as required.
(c) Highway Structural Maintenance and Bridge Assessment and Strengthening: Progress on 2010/11 Schemes and 2011/12 Programmes
(Councillors Greenslade, Hannon and Hook attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the report of the Executive Director of Environment, Economy Culture (EEC/11/36/HQ - text only | pdf EEC/11/36/HQ) on progress with schemes in the 2010/11 Highway Structural Maintenance (HSM) and Bridge Assessment and Strengthening (BAS) programmes and on the proposed programmes for 2011/12, including an indication of the technical assessment methods used to determine how that funding could be allocated.
It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and
RESOLVED
(i) that progress on 2010/11 schemes detailed in Appendices I and II to report EEC/11/36/HQ - text only | pdf EEC/11/36/HQ be noted;
(ii) that the strategy for delivery of the 2011/12 HSM/BAS programmes as described in report EEC/11/36/HQ - text only | pdf EEC/11/36/HQ and in Appendices III and IV be approved;
(iii) that detailed allocation of the available budget to schemes on principal and non-principal roads be determined by the Executive Director of Environment, Economy and Culture on the basis of priorities identified from technical surveys and inspections, the recovery strategy and within the limits of the approved budget;
(iv) that the Executive Director of Environment, Economy and Culture be authorised to amend the programme to maximise its impact, within the agreed policy guidelines and subject to the approval of the Cabinet Member for Highways Transportation to any changes to individual schemes exceeding 25,000.
*320 County Road Highways Maintenance Revenue Budget 2011/12
(Councillors Greenslade, Hannon, Hook, Newcombe and Spence attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the report of the Executive Director of Environment, Economy Culture (EEC/11/37/HQ - text only | pdf EEC/11/37/HQ) on the allocation of highway maintenance funding for 2011/12, by maintenance operation, having regard to the condition of the network and the need, as far as practicable, to enable the highway network to be maintained in accordance with relative maintenance priorities and existing and proposed, revised standards.
Members noted that the effects of consecutive severe winters on the highway infrastructure and the damage thereby caused would inevitably have an impact on the overall condition of the network. The cost of dealing with damage arising from winter weather would compound the position by reducing the funding available for normal repair works alongside budgetary reductions imposed by the Council.
The Cabinet Member for Highways Transportation referred to the recent announcement by Government of additional funding to be made available to highway authorities in England to help with the cost of repairing frost damaged roads. The exact amount would be announced later this month and a further report would then be made to the Cabinet.
It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and
RESOLVED
(i) that approval be given to the budget for highway maintenance for 2011/12 as detailed in Appendix I to report EEC/11/37/HQ - text only | pdf EEC/11/37/HQ;
(ii) that that Executive Director of Environment, Economy Culture be authorised, in consultation with the Cabinet Member for Highways Transportation, to amend the allocations to maximise the impact of the maintenance programme;
(iii) that the changes to standards, service provision and/or work practices summarised at paragraph 5 and Appendix II to report EEC/11/37/HQ - text only | pdf EEC/11/37/HQ, either previously incorporated in or predicated by the budget approved by the County Council on 17 February 2011, be endorsed.
*321 Strategy for Recycling (Civic Amenity Site) Facilities in Devon
(Councillors Greenslade, Hannon, Hook and Spence attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the report of the Executive Director of Environment, Economy Culture (EEC/11/38/HQ - text only | pdf EEC/11/38/HQ) reviewing the provision, performance and future direction of the recycling centre service and identifying where possible savings and efficiencies could be made.
The Cabinet Member for Environmental and Regulatory Services undertook to re-examine the proposed introduction of charges for disposals of bonded asbestos by householders at recycling centres.
It was MOVED by Councillor Croad, SECONDED by Councillor Hart and
RESOLVED
(a) that the contribution of the Recycling Centre Network to achieving Devon s high recycling rates be noted;
(b) that the vision and principle of continuous improvement of Devon s recycling performance and the service offered to the public by enhancing existing Recycling Centres be endorsed;
(c) that the established policy objective of providing a Recycling Centre within a 10 mile radius of all Devon householders be subject to the proviso where economically practicable ;
(d) that the principle of charging to allow the continued provision of facilities to accept restricted quantities of soil/rubble, plasterboard, bonded asbestos and tyres from householders from 1 April 2011 be noted;
(e) that approval be given to clarifying and codifying those users and vehicles permitted to access the network of Recycling Centres, as set out in paragraph 7(b) to Report EEC/11/38/HQ - text only | pdf EEC/11/38/HQ;
(f) that approval be given to the submission of a planning application for a replacement Recycling Centre to serve Sidmouth and the surrounding area.
*322 Devon Catering and Cleaning Service Proposed Joint Venture: Final Business Case (Minute *291/12 January 2011)
(Councillors Greenslade, Hannon, Newcombe and Spence attended in accordance with Standing Order 25(2) and spoke to this item).
(Councillor Hughes declared a prejudicial interest in this matter by virtue of his spouse being employed as a caretaker at a Devon school and withdrew from the meeting during consideration of the matter).
The Cabinet considered the joint report of the Executive Director of Children Young People s Services, Director of Finance and County Solicitor (CY/11/29 - text only | pdf | supplementary information CY/11/29) on progress with the establishment of a Joint Venture Company (JVC) to provide and undertake services currently provided for schools by the Council's in-house provider, Devon Catering and Cleaning Services together with the Business Case as currently developed.
The Cabinet was reminded that, at its meeting on 12 January 2011, it had previously agreed to the establishment of a joint venture company with Norse Commercial Services subject to the approval of the final Business Case.
The Executive Director reported, however, that it had not however proven possible to finalise the Business Case for this meeting as certain information required about pension arrangements had not been available. In view of this the Cabinet was recommended to authorise the Leader of the Council and the Cabinet Member for Schools and Skills to approve the final business case with the transfer of cleaning and caretaking being deferred until 1 September 2011, if necessary.
Members acknowledged that, were it possible so to do, the transfer would nonetheless be effected before the revised target date should approval of the final Business Case be obtained and all outstanding financial, legal and pension issues resolved satisfactorily.
It was MOVED by Councillor Channon, SECONDED by Councillor Hart and
RESOLVED that, subject to the approval of the final financial, legal and pension arrangements and the final version of the Business Case by the Leader of the Council and the Cabinet Member for Schools and Skills, for the purposes of signing off the arrangement, the Cabinet agree to:
(a) the formation of a Joint Venture Company, Devon Norse Limited with the Council becoming a shareholder in that company together with Norse Commercial Services (Norse) on the basis outlined in the Business Case;
(b) the transfer of the cleaning and caretaking element from 1 September 2011 or such earlier date as is possible;
(c) the County Solicitor being authorised to enter into all necessary legal documentation to complete the transfer and subsequently to attend and vote on behalf of the Council at all general meetings of Devon Norse Limited consulting the Leader of the Council as to how any votes are to be exercised;
(d) the Council s two Directors on the Board of Devon Norse Limited not being members of the Council s Cabinet.
*323 Joint Venture for the Delivery of School Improvement Inclusion Services (Minute *153/10 March 2010)
(Councillors Greenslade and Hannon attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the report of the Executive Director of Children Young People s Services (CY/11/28 - text only | pdf CY/11/28) on progress with the procurement exercise for the appointment of a partner for the Learning Development Partnership to create a new joint venture for the delivery of school improvement and inclusion services, seeking re-affirmation of the Cabinet s earlier decision.
The Cabinet had previously, in March 2010, considered an appraisal of the options for potential business models for the delivery of this service (CY/10/30 - text only | pdf CY/10/30) and had then clearly acknowledged that the preferred option was for the transfer of staff and functions to a joint venture for-profit company with a private sector partner, with the County Council being a minority partner, and had resolved:
(a) that approval be given to the procurement of a partner to create a joint venture company for the delivery of school improvement and inclusion services, noting that this would include the transfer of staff under TUPE regulations;
(b) that the principles set out in paragraphs 5.2 and 5.3 of report CY/10/30 - text only | pdf CY/10/30 to protect the interests of the Council, its staff and other stakeholders be noted together with the views of the staff side on the proposal and their endorsement of the preferred characteristics of any prospective partner including a commitment to continuity of union recognition and staff representation .
The Executive Director was now seeking confirmation from the Cabinet of its previous decision.
It was MOVED by Councillor Channon, SECONDED by Councillor Hart and
RESOLVED
(a) that the progress with the procurement of a partner to create a joint venture for the Learning Development Partnership as outlined at (b) below be noted;
(b) that the Cabinet confirm its previous stated basis for its earlier decision (Minute *153, 10 March 2010) to approve a procurement exercise for a partner encompassing the following, namely either:
(i) a Joint Venture for-profit company with a private sector partner, with the Council as minority partner, with any such Joint Venture Company being able to meet the characteristics of the preferred options set out at paragraphs 5.1, 5.2, 5.3 and 5.4 of Report CY/10/30 - text only | pdf CY/10/30 and endorsed by due process with stakeholders; or
(ii) where a company vehicle was not proposed, then such alternative vehicle would need to provide specific and distinctive benefits and ensure that the following features were preserved, viz:
(A) relevant County Council staff would transfer out of the County Council under TUPE Regulations and become employees of the joint venture;
(B) the joint venture would be able to trade freely with private sector organisations and individuals as well as the public sector;
(C) the joint venture would be able to distribute profits to its owners; and
(D) robust constitutional and governance structures capable of offering equivalent minority protection to the County Council, including Board representation, would exist.
*324 Cranbrook Railway Station
(Councillors Greenslade and Spence attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the report of the Executive Director of Environment, Economy Culture (EEC/11/39/HQ - text only | pdf | supplementary information EEC/11/39/HQ) on the provision of a railway station for the new community of Cranbrook.
The Cabinet noted that, from the outset, a new railway station had been an integral element of the planning concept for the new community of Cranbrook. Outline planning consent had recently been granted for the new community and it was therefore proposed to now move forward with detailed plans for the station.
Members noted that over the past two years the County Council had been working with Network Rail and South West Trains to develop plans for the station. The County Council had been acting as the formal 'promoter' of the station, recognising that this would be a facility for the whole East of Exeter growth area and not just the new community.
It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and
RESOLVED
(a) approval be given to the layout plan for the railway station, car park, bus facility and access road as shown on drawing HPE98275A_SK09 B; and
(b) that approval be given to the submission of a detailed planning application for the station, car park and access road.
STANDING ITEMS
*325 Questions from Members of the Public
In accordance with the Council's Public Participation Rules, the relevant Cabinet Member would respond direct to 3 questions on the South West Devon Waste Partnership, Ash Reprocessing and Waste Treatment Monitoring from members of the public who were not present at the meeting.
[NB: A copy of the questions and answers are appended to these minutes and are available on the Council s Website at ]
*326 Minutes
RESOLVED that the minutes of the following meetings be approved
(a) Children s Trust Board 2 February 2011,
(b) Devon Exeter Rail Working Party 4 February 2011,
(c) Devon Authorities Waste Reduction Recycling Committee 9 February 2011,
(d) Farms Estate Committee 10 February 2011, and
(e) Safer Devon Partnership 11 February 2011.
*327 References from Committees
(a) Policy Resources Scrutiny Committee: Coastguard Network Task Group
(Councillor Greenslade attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet noted that the Maritime Coastguard Agency was currently undertaking a consultation, with a closing date of 24 March 2011, on the future management and structure of the Coast Guard Service and that the Policy Resources Scrutiny Committee had set up a Task Group to consider the proposals and make recommendations direct to Cabinet on any suggested response to that consultation.
The Task Group had met on 8 February 2011 and had commended its Report (CX/11/23 - text only | pdf CX/11/23) to the Cabinet for consideration. The Cabinet also received proposed responses to a number of technical questions raised in the Consultation Document.
It was MOVED by Councillor Hart, SECONDED by Councillor Hughes and
RESOLVED that the Task Group s Report and the proposed detailed response circulated at the meeting be noted and endorsed as the basis of the County Council s formal response to be now prepared by the Executive Director of Environment, Economy Culture and approved by the Leader of the Council and the Cabinet Member for Highways Transportation in accordance with the normal procedures.
(b) Exeter Locality (County) Committee: CYPS Update - Youth Services
(Councillors Newcombe and Spence attended in accordance with Standing Order 25(2) and spoke to this item).
The Exeter Locality (County) Committee on 8 February 2011 had received an update on a number of issues across the County including school organisation, academies and free schools, school admissions, Connexions and Devon Youth Services and had resolved:
(i) that the Cabinet be made aware of the Committee s concerns about the proposed cuts in funding of the Connexions Service and the related risk to the excellent tracking service in respect of vulnerable young people Not in Employment Education or Training; and that measures be taken to protect the tracking service;
(ii) that this Committee s disappointment regarding the decision to sell the entire Foxhayes site (and not retain a proportion for new permanent Youth Service provision) be relayed to the Cabinet and that it be asked to make concerted efforts working with the local member to find a suitable alternative site in the Exwick area.
It was MOVED by Councillor Hart, SECONDED by Councillor Channon and
RESOLVED that the Locality Committee be advised that:
(A) the commissioning specification for the CSW [Connexions] function has already included these key accountabilities in the 2011/12 draft specification, which is currently being finalised, and monitoring of the impact will be via Contract Review meetings; and
(B) the Youth Service remains committed to working with the local Member to identify a suitable site and capital for a new build and the revenue to run the new build once completed and that, in the interim, the Youth Service will continue to offer a service using the Mobile and Street based Youth Work Team.
*328 Delegated Action/Urgent Matters
(a) Registers
The Registers of action taken by Chief Officers or Cabinet Members under urgency provisions or delegated powers were available for inspection at the meeting.
(b) Reference back of Cabinet Member Decision: Land adjacent to Culmstock Primary school
(Councillor Radford attended in accordance with Standing Order 25(2) and spoke to this item).
In accordance with the Cabinet Procedure Rules/Scheme of Delegation, Councillor Radford, the local member, has asked that the decision of the Cabinet Member for Schools and Skills relating to the provision of an access on County Council land to the owners of land adjacent to Culmstock Primary School, be referred back to the Cabinet for consideration.
A copy of the Cabinet Member decision form and accompanying documentation had been circulated. The Cabinet Member had acted on the basis that the proposal had received the support of the Governing Body and that any highway issues would have been dealt with as part of the granting of planning consent.
It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy and
RESOLVED that the decision of the Cabinet Member be reaffirmed and implemented with immediate effect and the local County Councillor be kept abreast of progress with its implementation.
*329 Forward Plan
In accordance with the Council s Constitution, the Cabinet reviewed the Forward Plan (available electronically at ) and determined those items of business to be defined as key decisions and included in the Plan for the period 1 April - 31 July 2011.
*DENOTES DELEGATED MATTER WITH POWER TO ACT
The meeting started at 10.30am and finished at 1.40pm
APPENDIX
QUESTIONS FROM MEMBERS OF THE COUNCIL
9 March 2011/Minute *317
1. QUESTION FROM COUNCILLOR SPENCE
Re: West Exe College PFI Contract
Has Councillor Channon received any further information on the situation regarding the PFI contract when West Exe College becomes an academy?
REPLY BY COUNCILLOR CHANNON
The PFI Contract will continue in force notwithstanding the fact that West Exe is to convert to an Academy. It is anticipated that West Exe will convert on 1 April 2011 and at present lawyers acting for the DfE, the Council and the Academy are drafting the necessary legal documents to deal with this change in status for West Exe. Importantly, the Academy will be obliged to continue to contribute towards the Unitary Charge that the Council has to pay the PFI Contractor in the same way that West Exe has done to date.
2. QUESTION FROM COUNCILLOR SPENCE
Re: Academies
How does the 1.8m. topsliced from Devon's budget for academies compare with the amount that was being spent by the Council on the schools that have become or are about to become academies?
REPLY BY COUNCILLOR CHANNON
The apportionment of the reduction of 1.8m has been based on the Local Authority Central Education Services relative needs formula. For Devon this equates to 1.599% of the total reduction. This top slice has been adjusted proportionally and therefore it bears no relation locally to the number of schools that will convert to academy status; it is therefore impossible to respond precisely to the question as indicated.
3. QUESTION FROM COUNCILLOR SPENCE
Re: PCT Services
There have been reports in the press that in some parts of the country PCTs are no longer providing operations for such conditions as cataracts, hip replacements and other elective surgery. Is this the case in any part of Devon and in view of the serious impact such a policy would on the growing elderly population in Devon can he assure me that the county council will do its utmost to prevent this happening in Devon?
REPLY BY COUNCILLOR BARKER
This is of course a matter for NHS Devon. However, as I understand it, NHS Devon are currently commissioning, and plan to continue to commission, services which include cataract surgery, hip surgery and other elective surgery.
For many conditions including hip conditions, surgery is one option and that NHS Devon commissions a range of clinically effective interventions. Surgery is invasive and is not without risk, so where it is possible for a patient to be effectively treated with a less invasive intervention which for hips might include specialist physiotherapy this is also offered where appropriate. Surgery is available for all patients that require it and a decision is made by the clinician when the benefits outweigh the risks.
4. QUESTION FROM COUNCILLOR SPENCE
Re: Supporting People Grant
What action is the County Council taking to ensure that the loss of Supporting People grant does not impact adversely on provision for homeless people?
REPLY BY COUNCILLOR BARKER
I would not necessarily agree that the ending of the ring fenced budget previously known as Supporting People will impact adversely on provision for homeless people. The ring fencing ended in 2009, in setting its budget for 2011/12 Devon County Council has ensured that the support needs of the most vulnerable people are protected. The Targeted Services budget, which has replaced Supporting People, includes provision not just for people falling within a "homelessness" definition but also people with mental ill health, substance mis-users, offenders, older people and people with disabilities who are in need of housing related support to maintain them safely in the community and to enable them to live independently. This budget area has always been allocated by government to provide support services and not housing accommodation costs as this is the responsibility of District Councils, in Devon. By allocating 15.9m Devon has met the amount government anticipated in the rate support grant.
In making its decisions about how to focus that investment the County Council examined the evidence of the Joint Strategic Needs Assessment for homelessness, this was independently prepared during 2010/11, and involved all the key stakeholders in housing, homelessness, health, social care and probation. The JSNA has informed the volumes, locations and types of support that are needed across Devon.
The County Council consulted with its partners last year. As a result of those discussions funding has been re-allocated away from where people have already recovered from their difficulties and can manage quite well on their own. Instead we have targeted support funding towards people that are outside of any stable housing and in greatest need of support. This approach emphasises the importance of individual support plans, rather than fitting people into restrictive block contracts. The budget anticipates providing additional support to people who are in danger of becoming homeless with an investment of 2.5m in services to support people with mental health problems and those who misuse drugs, alcohol and other substances in order to help them lead more stable lives. Evidence indicates that many people face eviction from social housing and other rented accommodation because of a variety of reasons which could be avoided with earlier intervention. The County Council intends to meet what has previously been a void in the funding allocation to continue the reduction in the incidences of homelessness.
To ensure that the most vulnerable people are effectively supported, agreement has been secured with partners and provider representatives for a shared definition of 'priority need' in relation to homelessness support. This definition will ensure individual recovery plans that are kept under regular review to ensure that assessments target resources towards the individuals that need them most. Support will either be purchased on a "spot" basis with the relevant housing provider or through a countywide "floating support" contract. The effectiveness of this approach is being monitored monthly through a "Social Inclusion Steering Group" that involves representatives of all partners and providers.
It is critical that our actions and funding priority helps to prevent homelessness in the first place. To ensure these measures meet the needs of the most vulnerable our funding partners, providers, service users and others will be involved in service redesign so that future services are affordable, personalised and effective. This will be a priority over the next six to twelve months and discussions have already begun with partners to secure their input to this process.
QUESTIONS FROM MEMBERS OF THE PUBLIC
9 March 2011/Minute *325
1. QUESTION FROM MS MILLS (in absentia)
Re: Ash Reprocessing
The proposed ash reprocessing plant at Buckfastleigh has only six months of ash product storage on site. Due to seasonal demand and the financial downturn affecting the construction industry, what plans are there for longer term storage or land fill for these ash products off site?
REPLY BY COUNCILLOR CROAD
A planning application for this proposal has yet to be submitted. When this Authority issues its Scoping Opinion, it will include a requirement that, amongst other matters, the Applicant should include within its application detailed proposals for the storage and reprocessing of the ash on-site, together with any related proposals for its longer term storage and disposal off-site. This would then be considered in the determination of the planning application. It is not possible, therefore, at this stage to advise as to what the Applicant will be proposing for the longer term storage or landfill for the ash products off-site.
2. QUESTION FROM MR ROWELL (in absentia)
Re: Waste Treatment Monitoring
At the MVV Umwelt and SWDWP public consultation meetings, MVV Umwelt admitted that there would be no epidemiological surveys to give a baseline health survey in order to be able to monitor any adverse effects of the incinerator. Given that there are a high number of at-risk population in the locality, what plans for monitoring health impacts does the partnership have?
REPLY BY COUNCILLOR CROAD
MVV are working with Plymouth City Council as the statutory planning authority and specific survey requirements and information will be agreed with them and other statutory planning consultees as part of the planning application and determination process. Ongoing monitoring will be undertaken by the relevant organisations and agencies responsible and reported in through the usual channels for actions to be taken by SWDWP, MVV, or others as appropriate.
3. QUESTION FROM K WILSON/G DEANE
Re: SW Devon Waste Partnership
Who specifically signed the Joint Working Agreement, why were residents of Devon
not properly consulted and why were the interests of tax payers not considered?
REPLY BY COUNCILLOR CROAD
The Joint Working Arrangement was considered and approved by the three Councils who are party to the Joint Working Agreement namely Plymouth City Council, the County Council and Torbay Council.
The interests of tax payers were considered through consultation on the Authority s Waste Management Strategies and Waste Local Plans before they were adopted. These documents include the principle of EfW for residual waste treatment and location options. The formation of the joint working arrangement is a practical measure to find an acceptable solution to the residual waste needs of the authorities and public consultation has been a feature of the development of the SW Devon scheme.
In addition, all meetings of the South Waste Devon Partnership are held in public the public can only be excluded in certain circumstances if, for example, confidential information was to be discussed - and all the relevant documents are available on the SWDWPs website.