Meeting documents
A meeting of the Cabinet will be held on the above date at 10.30am at County Hall, Exeter to consider the following matters.
P NORREY
Chief Executive
A G E N D A
PART I - OPEN COMMITTEE
1. Apologies for Absence
2. Minutes of the meeting held on 9 December 2016 (previously circulated).
3. Items Requiring Urgent Attention
Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.
4. Chairman s Announcements
5. Petitions
6. Question(s) from Members of the Council
Key Decisions
7. Budget 2016/17
Report of the County Treasurer (CT/16/2 - text only | pdf 
CT/16/2) on the provisional Local Government Settlement for 2016/17 and the preparation of the budget. [To be circulated separately, Page A].
Electoral Division(s): All
8. A38 Deep Lane North Junction Improvements, Sherford
Report of the Head of Planning, Transportation and Environment (PTE/16/1 - text only | pdf | supplementary information PTE/16/1) seeking approval to the appointment of the contractor for construction of this scheme, attached (Page 1).
Electoral Division(s): Bickleigh Wembury and Yealmpton and Ivybridge
9. Exmouth, Dinan Way Extension
Report of the Head of Planning, Transportation and Environment (PTE/16/2 - text only | pdf | supplementary information PTE/16/2) on the outcome of public consultation and approval of route, submission of planning application and associated land purchase, attached (Page 9).
Electoral Division(s): All Exmouth Divisions
10. Budget 2015/16 - Monitoring Report
Report of the County Treasurer (CT/16/1 - text only | pdf CT/16/1) on the position at Month 8, attached (Page 22).
Electoral Division(s): All
OTHER MATTERS
None
STANDING ITEMS
11. Question(s) from Members of the Public
12. Notices of Motion (County Council Minute160/10 December 2015)
The following Notices of Motion submitted to the County Council by the Councillors shown have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer to another committee or make a recommendation back to the Council:
(a) Protection of the Bee Population (submitted by Councillor Hook)
Bees play an essential role in food production. The Bee population has been in alarming decline in recent years, due to various external influences. One such harmful influence is the use of neonicotinoids, an aggressive pesticide. Devon is heavily reliant on agriculture and this council will therefore prohibit the use of this pesticide on all land that it owns or manages in a proactive effort to reverse the destruction of the Bee community here in Devon. The Council will also explore other ways which, in addition to banning this particular pesticide, will help the survival of the Bee population; a report on other potential actions will be brought to Place Scrutiny .
A factual briefing/background paper (PTE/16/3 - text only | pdf PTE/16/3) is attached to facilitate the Cabinet s discussion of this matter (Page 24).
(b) Renewable Energy Subsidies (submitted by Councillor Wright)
This Council is working hard to promote economic growth during a very difficult period in the UK s finances. Unfortunately, thousands of jobs across the south west could now be lost as a result of dramatic cuts in subsidies to renewable energy schemes. This Council regrets the government s proposal to reduce subsidies for renewable energy schemes at the speed and scale proposed and agrees to write to all Devon MPs, urging them to publicly support the community energy groups co-ordinated by Regen SW, that have united to campaign against the cuts
A factual briefing/background paper (PTE/16/4 - text only | pdf PTE/16/4) is attached to facilitate the Cabinet s discussion of this matter (Page 26).
(c) Trade Union Bill (submitted by Councillor Hannan)
The Council notes the positive contribution that trade unions make to the delivery of public services in Devon. Through partnership rather than conflict, trade unions represent their members, assist in the development of a safe and decent working environment, and add to the overall ethos of this Council as an attractive place to work.
The Council believes that proposals in the Trade Union Bill could undermine collaboration between employers and trade union members, and is concerned about the impact this would have here and in many other workplaces across the County and therefore resolves:
to endeavour to continue to offer a check-off service - the ability of trade union members to have their subscriptions deducted at point of payment - to all members of staff at Devon County Council and if this is not possible, to come up with a local plan to facilitate alternative methods of payment;
to support the continuation of Trade Union Facility Time, in recognition of its contribution to reduced litigation and to promoting a healthier, safer and more positive working environment
A factual briefing/background paper (SC/16/1 - text only | pdf SC/16/1) is attached to facilitate the Cabinet s discussion of this matter (Page 28).
13. Delegated Action/Urgent Matters
The Register of Decisions taken by Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. A summary of such decisions taken since the last meeting is appended to this Agenda (Page 30).
14. Forward Plan
In accordance with the Council s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting. [NB: The Forward Plan is available on the Council's website at:
http://www.devon.gov.uk/index/councildemocracy/decision_making/cabinet_committee/forward_plan.htm ]
PART II ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PRESS AND PUBLIC
15. Exclusion of the Press Public
Recommendation: that the press and public be excluded from the meeting for the following item of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial or business affairs of the preferred bidder or tenderers for the provision or supply of council goods or services or acquisition of land or property and of the County Council, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
16. Land at Monkerton Farm, Exeter: Disposal of surplus land (Cabinet Minute 416/14 October 2015)
[An item to be considered by the Cabinet in accordance with the Cabinet Procedure Rules and Regulations 5, 10 and 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, no representations having been received to such consideration taking place under Regulation 5(5) thereof]
Report of the Head of Business Support Strategy on negotiations undertaken in line the Cabinet s previous decision. (To be circulated separately, GOLD paper).
Electoral Division(s): All
MEMBERS ARE REQUESTED TO SIGN THE ATTENDANCE REGISTER
| Notice of all items listed above have been included in the Council s Forward Plan for the required period, unless otherwise indicated. The Forward Plan is published on the County Council's website at http://www.devon.gov.uk/cma.htm |
| Notice of the decisions taken by the Cabinet will be sent by email to all Members of the Council within 2 working days of their being made and will, in the case of key decisions, come into force 5 working days after that date unless 'called-in' or referred back in line with the provisions of the Council's Constitution. The Minutes of this meeting will be published on the Council's website, as indicated below, as soon as possible. |
| Members are reminded that Part II Reports contain exempt information and should therefore be treated accordingly. They should not be disclosed or passed on to any other person(s). Members are also reminded of the need to dispose of such reports carefully and are therefore invited to return them to the Democratic Services Officer at the conclusion of the meeting for disposal |
| In accordance with Regulations 5(6), 10 and 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 the Chairman of the Corporate Services Scrutiny Committee had agreed to the matter at item 16 above being taken in Part II of that meeting being satisfied that the decision was of special urgency and could not reasonably be deferred |
| Membership |
| Councillors Hart (Chairman), Barker, Clatworthy, Croad, Davis, S Hughes, Leadbetter, McInnes and Parsons. |
| Cabinet Member Remits |
| Councillors Hart (Policy Corporate), Barker (Adult Social Care Health Services), Clatworthy (Resources Asset Management), Croad (Community Environmental Services), Davis (Improving Health Wellbeing), S Hughes (Highway Management Flood Prevention), Leadbetter (Economy, Growth and Cabinet Liaison for Exeter), McInnes (Children, Schools Skills) and Parsons (Performance Engagement) |
| Declaration of Interests |
| Members are reminded that they must declare any interest they may have in any item to be considered at this meeting, prior to any discussion taking place on that item. |
| Access to Information |
| Any person wishing to inspect the Council s/Cabinet s Forward Plan or any Reports or Background Papers relating to any item on this agenda should contact Mr Hooper on 01392 382300. The Forward Plan is published on the County Council's website at http://new.devon.gov.uk/democracy/how-the-council-works/forward-plan/ Agenda, Reports and Minutes of the Cabinet are published on the Council s Website at http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm |
| Webcasting. Recording or Reporting of Meetings and Proceedings |
| The proceedings of this meeting may be recorded for broadcasting live on the internet via the Democracy Centre on the County Council s website. The whole of the meeting may be broadcast apart from any confidential items which may need to be considered in the absence of the press and public. For more information go to:http://www.devoncc.public-i.tv/core/ In addition, anyone wishing to film part or all of the proceedings may do so unless the press and public are excluded for that part of the meeting or there is good reason not to do so, as directed by the Chairman. Any filming must be done as unobtrusively as possible from a single fixed position without the use of any additional lighting; focusing only on those actively participating in the meeting and having regard also to the wishes of any member of the public present who may not wish to be filmed. As a matter of courtesy, anyone wishing to film proceedings is asked to advise the Chairman or the Democratic Services Officer in attendance so that all those present may be made aware that is happening. Members of the public may also use Facebook and Twitter or other forms of social media to report on proceedings at this meeting. An open, publicly available Wi-Fi network (i.e. DCC) is normally available for meetings held in the Committee Suite at County Hall. For information on Wi-Fi availability at other locations, please contact the Officer identified above. |
| Questions to the Cabinet/Public Participation |
| A Member of the Council may ask the Leader of the Council or the appropriate Cabinet Member a question about any subject for which the Leader or Cabinet Member has responsibility. Any member of the public resident in the administrative area of the county of Devon may also ask the Leader a question upon a matter which, in every case, relates to the functions of the Council. Questions must be delivered to the Office of the Chief Executive Directorate by 12 noon on the fourth working day before the date of the meeting. For further information please contact Mr Hooper on 01392 382300 or look at our website at: http://new.devon.gov.uk/democracy/guide/public-participation-at-committee-meetings/ |
| Emergencies |
| In the event of the fire alarm sounding leave the building immediately by the nearest available exit, following the fire exit signs. If doors fail to unlock press the Green breakglass next to the door. Do not stop to collect personal belongings, do not use the lifts, do not re-enter the building until told to do so. |
| Mobile Phones |
| Please switch off all mobile phones before entering the Committee Room or Council Chamber |
| If you need a copy of this Agenda and/or a Report in another format (e.g. large print, audio tape, Braille or other languages), please contact the Information Centre on 01392 380101 or email to: centre@devon.gov.uk or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD. |
| Induction loop system available |
| Cabinet 13 January 2016 |
| Schedule of CABINET MEMBER Decisions taken since previous meeting | ||
| Cabinet Remit/Officer | Matter for Decision | Effective Date |
| Policy Corporate |
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| Resources Asset Management | Approval to the writing-off of debts from two failing companies there being no prospect of recovery of monies owed. | 10 December 2015 |
| Approval to freehold transfer of Kingsteignton School Site to the DfE in line with Cabinet s previous decision in June 2015 | 10 December 2015 | |
| Approval to various capital programme and other property matters | 4 January 2106 | |
| Adult Social Care Health Services |
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| Children, Schools Skills | Approval to publication of formal notice prior to final determination of proposed closure of Sutcombe Primary School | 16 December 2015 |
| Approval to implementation with immediate effect of the proposal to increase day places and change the age range at Springfield Court Behavioural, Emotional and Social Difficulties Unit (part of Marland School), Barnstaple | 6 January 2016 | |
| Economy, Growth and Cabinet Liaison for Exeter | Approval to submission of planning application for Round field Park and Ride scheme on the A30/A377 Junction, west of Exeter | 5 January 2106 |
| Community Environmental Services |
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| Highway Management Flood Prevention |
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| Improving Health Wellbeing |
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| Performance Engagement |
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| The Registers of Decisions will be available for inspection at meetings of the Cabinet or, at any other time, in the Democratic Services Scrutiny Secretariat, during normal office hours. Contact details shown above.
In line with the Openness of Local Government Bodies Regulations 2014, details of Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council s Scheme of Delegation set out in Part 3 of the Council s Constitution may be viewed at https://new.devon.gov.uk/democracy/officer-decisions/ | ||