{meta} Agenda for Council on Thursday, 24th May, 2018, 2.15 pm


Venue: Council Chamber - County Hall. View directions

Contact: Karen Strahan 01392 382264  Email: karen.strahan@devon.gov.uk

Webcast: View the webcast

No. Item


Apologies for Absence


Election of Chair


Election of Vice Chair


Appointment of Deputy Leader of the Council


Cabinet Members and Allocation of Remits

The Leader of the Council to move:


"that the Council note that Members shown in the Appendix circulated at the meeting will be appointed to hold office until the date of the Annual Meeting of the Council in 2019 together with the remits shown therein."


Minutes pdf icon PDF 173 KB

To approve as a correct record and sign the minutes of the meeting held on 15 February 2018.



Items Requiring Urgent Attention




Appointment of Committees

Councillor Hughes to move:


          (a) that in accordance with Standing Order 21 the County Council appoints those Committees, Joint Committees and Working Parties/Panels as shown in the Appendix circulated at the meeting with terms of reference set out in the Council's Constitution or set out therein for the period expiring at the date of the Annual Meeting of the Council in 2019;


          (b) that, as required by section 16(1) of the Local Government and Housing Act 1989, Members of the Council be appointed as voting members to those Committees, Joint Committees, Joint Consultative Committees and Working Parties/Panels referred to at (a) above in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the proposed allocation of seats as between political party groups and set out for the time being in the Appendix circulated at the meeting;


          (c) that, and in accordance with the Council’s Scrutiny Procedure Rules, the County Council appoints the total numbers of voting (v) or non-voting (nv) members to those Committees, Joint Committees and Working Parties/Panels referred to (a) above as thus denoted in the Appendix (the Council’s voting scheme) circulated at the meeting for the period expiring at the date of the Annual Meeting of the Council in 2019;


          (d) that the Chief Executive be authorised to approve such changes to membership of the above bodies detailed in the Appendix circulated as may be notified from time to time by the relevant political group to which those seats have been allocated by the Council;


          (e) that additional Members of Scrutiny Committees, Highways and Traffic Orders Committees, the Standards Committee and the Farms Estate Committee as detailed in the aforementioned Appendix (or to be nominated by those bodies listed thereon) be appointed for the period expiring at the date of the Annual Meeting of the Council in 2019 or as otherwise shown (subject to any change notified by the nominating body) or, in the case of parent governor representatives on the Children’s Scrutiny Committee, following a ballot of eligible parent governors.




Appointment of Chairs and Vice-Chairs of Committees

Councillor S Hughes to move:


"that Members shown in the Appendix circulated at the meeting be elected Chair and Vice-Chair of those Committees as indicated therein to hold office until the date of the Annual Meeting of the Council in 2019."


Public Participation: Petitions, Questions and Representations

Petitions, Questions or Representations from Members of the public in line with the Council’s Petitions and Public Participation Schemes.


Petitions from Members of the Council


Questions from Members of the Council

Answers to questions from Members of the Council pursuant to Standing Order 17.







Cabinet Member Reports

To consider reports from Cabinet Members.



To receive and approve the Minutes of the under mentioned Committees



Investment and Pension Fund Committee - 23 February 2018 pdf icon PDF 87 KB


Appeals Committee - 5 March 2018, 16 April and 14 May 2018 pdf icon PDF 56 KB

Additional documents:


Standards Committee - 12 March 2018 pdf icon PDF 78 KB


Appointments and Remuneration Committee - 14 March 2018 pdf icon PDF 56 KB


Public Rights of Way - 15 March 2018 pdf icon PDF 69 KB


Development Management Committee - 21 March 2018 pdf icon PDF 69 KB


Audit Committee - 28 March 2018 pdf icon PDF 61 KB


Procedures Committee - 18 April 2018 pdf icon PDF 101 KB


Children's Scrutiny Committee - 20 March 2018 pdf icon PDF 85 KB


Health and Adult Care Scrutiny Committee - 22 March 2018 pdf icon PDF 104 KB


Corporate Infrastructure and Regulatory Services Scrutiny Committee - 27 March 2018 pdf icon PDF 84 KB


Regional Adoption Agency (Adopt South West) - Delegation

The Leader of the Council will MOVE that the Council:


(a) approve the discharge of Somerset County Council, Plymouth City Council and Torbay Council’s adoption functions, in accordance with s101 of the Local Government Act 1972, such functions to be discharged in line with the arrangements approved by the Cabinet on 11 April 2018 (Minute 163 refers); and


(b) recognise and accept responsibility for the specific delegations made to Devon County Council to support the transfer of Relevant Functions.


Members Allowances Scheme 2018

The Chair of the Council to formally move Minute 26 of the Procedures Committee (18 April 2018).


(a) that Members should have the opportunity to debate the matter further Council, in particular, that the recommendations of the Panel, as outlined in the Report (and replicated below) be accepted and implemented in full;


(i)            that the structure of the scheme be endorsed and retained;


(ii)         the Basic Allowance be increased to £12,607 and the multipliers be recalculated accordingly, as outlined at appendix 2 of the Report;


(iii)        that the SRA payment for the Chair of the Investment & Pension Fund Committee be increased by a multiplier of 0.25 to 0.50;


(iv)        that careful consideration should be given, in the future, to the levels of allowances to ensure they keep pace with the economy generally;


(v)        that the sustained reduction, including a reduction in the current year, in the number of SRA's be welcomed and that the levels be kept below the 50% threshold, as is currently the case; and


(vi)        that the Panel keep a watching brief on the Devolution / Combined Authority Agenda to assess any impact on allowances;


(b) that from May 2018, any future increases in Members Allowances (whilst still being subject to Council approval) use the NJC staff pay award as the future bench mark;


(c) that the Committee make representations to both the LGA and CCN to lobby Government for a national framework for the determination of Members Allowances.


Scrutiny Annual Report 2017/2018 pdf icon PDF 1019 KB

To receive the Scrutiny Annual Report, a copy of which can be viewed on the web.



Accountable Care Systems (Minute 81 - 15 February 2018)

To receive and consider the recommendations of the Cabinet (Minute 149(a)) of 14 March 2018 as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Shaw and referred thereto in accordance with Standing Order 8(2), namely;


This Council is concerned by the decision of the Devon Clinical Commissioning Groups to introduce an Accountable Care System for Devon’s NHS and adult social care services from 1st April 2018, without the full agreement of this Council.


In view of the widespread public concern over Accountable Care Systems and Accountable Care Organisations, and the decision of NHS England to hold a 12-week consultation on ACOs, this Council calls on the Devon CCGs to put the introduction of the ACS on hold until local people have been fully consulted on the plans’.


Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report CSO/18/11 and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:


(i)  that the Council be asked to note the Report of the Chief Executive (ACS/18/83) which outlined the key features of an emerging Devon Integrated Care System, outlining the statutory duty of the local authority to co-operate with NHS partners and the focus on Integrated Care Systems bringing together aspects of health and social care, enabling organisations to share services, budgets, staff and resources where appropriate to best meet the needs of the populations they serve and also the briefing note circulated to all Members of this Council on 9 February which confirmed there was no creation of a new organisation;


(ii)     that the Council be asked to note there are no proposed changes to existing Governance or accountability arrangements from 1 April 2018; and


(iii) that the Council, in line with the recommendations to Cabinet in Report ACS/18/83, welcome and endorse the invitation for the Health and Adult Care Scrutiny to include Integrated Care System Governance in its work programme to inform future decision making and to ensure Scrutiny Members are involved in the planning for these integrated arrangements.


Sunset for the Royal Marines and Future Resilience (minute 82 - 15 February 2018)

To receive and consider the recommendations of the Cabinet (Minute 149 (b)), from 14 March 2018, as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Greenslade and referred thereto in accordance with Standing Order 8(2), namely; 


‘The County Council expresses concern at the conclusions of the Defence Select Committee report “Sunset for the Royal Marines” regarding the future strength of the Royal Marines and the implications for the economy of the county and the viability of Royal Marine bases in Devon such as those in Plymouth and at RMB Chivenor.


Devon County Council resolves to play an active part in lobbying to retain Royal Marine bases in our County’.


Having had regard to the aforementioned, the factual briefing/position statement on the matter as set out in Report CSO/18/11 and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:


‘that it be recommended that, following the conclusions of the Defence Select Committee, the County Council join with Plymouth City Council and write to the Secretary of State for Defence expressing support for the retention of Royal Marine bases in Devon and Plymouth.  The letter to include concerns about the effect any reductions will have on the economy of Devon and Plymouth’.


Neonicotinoid Insecticides

Councillor Wright to move:


In February, the European Union’s food-safety agency concluded that three controversial neonicotinoid insecticides posed a high risk to wild bees and honeybees.


It looks likely that the EU will soon move to ban all uses of the insecticides on outdoor crops.


Michael Gove, Environment Secretary, indicated last year that the UK would not oppose a further EU ban on bee harming pesticides.


This Council notes these changed circumstances since the last debate on this issue in July 2016 and now resolves to strengthen its excellent pollinator strategy, by banning bee harming pesticides on all land under its control.


Traffic on A35 at Wilmington

Councillor Shaw to move:


The County Council expresses its concern about the effects of heavy traffic on the A35 on the people of Wilmington, East Devon, and other communities along the route. The Council notes that Highways England commissioned a report which recommended remedial measures for Wilmington, including two pedestrian crossings, which was published in April 2015, but three years later no decisions have been made to introduce any of these measures. The Council urges Highways England to give greater priority to improvements in Wilmington as a matter of urgency.


Gender Pay Gap in Devon

Councillor Atkinson to move:


This Council is concerned about the gender pay gap in Devon (details available from the ONS gender pay gap website.) and understands that it needs to carry out further research into what is causing it and what needs to be done to address it for instance is it as a result of the concentration of women in occupations with lower hourly pay and/or part-time work. the so-called “glass ceilings”, fundamental stereotyping in gender roles in our societies from birth that lead to gendered economic roles and outcomes.


In view of cross party concern not only about gender pay gap but ethnicity and disability pay gaps this Council should review the ECHR report and recommendations set out in ‘Fair opportunities for all – A strategy to reduce pay gaps in Britain’ and other recent and planned reports and develop an action plan for Devon


Further the Council recognises that addressing these pay gaps is a fundamental part of improving productivity and economic outcomes for all and will ensure that this issue and research is included in the work of the Heart of the South West Joint Committee.


Adult Social Care Sector - Workforce Issues

Councillor Atkinson to move:


This Council supports the findings of the Public Accounts Committee whose report of 9th May concluded


The adult social care sector is underfunded, with the care workforce suffering from low pay, low esteem and high turnover of staff. The care sector is in a precarious state but the Department of Health and Social Care (the Department) has not yet said how it intends to put in place a long-term, sustainable funding regime to meet the ever-increasing demand for care. The Department does not know whether the ways that local authority’s commission care, and the prices they pay providers, are contributing to the problems within the care workforce. We are not convinced that the lack of regulation within the care sector workforce and the balance of regulation versus a market-based approach, is supporting the care sector to provide the best care possible. The UK’s departure from the EU is causing uncertainty over how the workforce will be sustained, particularly in areas that are more reliant on non-UK workers. There is an urgent need to reverse the poor public image that care work must boost recruitment and retention across the care sector. We are also concerned that the move to supporting people with substantive and critical care needs only is contributing to growing levels of unmet need for people with moderate care needs. These moderate needs may well grow into substantial or critical needs if support is not given. The Department has committed to addressing all these issues through the health and care workforce strategy that it is currently consulting on, and the promised Green Paper on funding of care for older adults. But given the pressures on the sector, we are concerned that the Department sees the Green Paper as a cure all and underestimates the scale of the challenge. The Department must ensure that its delivery partner, Skills for Care, is properly supported and funded to implement the workforce strategy.


And resolves to write to all Devon M.Ps to support cross party working to solve the crisis in social care health and care workforce and funding


Grammar Schools and Additional Funding

Councillor Greenslade to move:


                  County Council expresses its concern at the Government’s announcement of an extra £50 million to allow existing Grammar Schools to extend their premises and take on more pupils while Devon Schools remain significantly underfunded compared to the national average.


                  Accordingly the County Council writes to all Devon MP’s asking them to oppose this proposal in favour of providing more funding to Devon Schools.



Scrutiny Call-in and Meeting Timescales

Councillor Connett to move:


                  Members and Officers be reminded that a call in for scrutiny requests the Chief Executive to convene a meeting within five working days of the request being made. Part 4 article 17.4 of the DCC Constitution refers.


                  Therefore the County Council confirms that the requirement to convene a meeting to consider a call in be strictly adhered to unless those members requesting a call in agree to an alternative way of dealing with a call in request.



Customs Union and Sarah Wollaston MP Campaign

Councillor Brazil to move:


County Council supports the UK remaining in the Customs Union and welcomes and congratulates Sarah Wollaston MP on the strength and clarity of her campaigning in support of the UK remaining in the Customs Union.


Therefore County Council recommends all Devon MP’s support Dr Wollaston position.


Stagecoach Southwest and Increased Fares

Councillor Brennan to move:


‘This Council condemns the decision by Stagecoach Southwest to remove the £1 child add-on fares, replacing them with child single or dayrider tickets.


In Exeter, this decision has resulted in a 200% increase in fares for children aged 5-15 who are travelling with an adult. Before 29th April 2018, a parent and child could travel together all day for £4.90, but this has now increased to £7 (£4 for an adult dayrider plus £3 for a child dayrider) – a total increase of £2.10, or 43%. Similarly, an adult travelling with two children could previously travel all day for £5.90, but this now requires a group dayrider of £8 – again, an increase of £2.10. Similar significant increases have also taken place across Devon.


This action by Stagecoach hits the poorest families hardest, including single parent families and those unable to afford a car. As the majority of single parents are women, and most adults travelling alone with children are likely to be women, the action disproportionately impacts women more than men.


This action also undermines Stagecoach’s supposed commitment to working with Devon County Council to reduce traffic congestion and improve air quality, pushing higher numbers of families into cars for city journeys as it may be cheaper, and therefore also increasing Devon’s contribution to climate change. Furthermore, Devon County Council’s work to increase the take up of sustainable methods of transport to school, and to increase safety around schools by reducing vehicle numbers, is also largely undermined and threatened by this move.


Additionally, there is a negative economic impact towards businesses in central areas, as more people choose to take their cars to out-of-town shopping areas, further depleting our high streets and lessening the viability of independent businesses.


This change took place without informing or consulting with councillors or passengers. A petition has been handed to Stagecoach Southwest regarding the increase in Exeter. It contains over 1700 signatures from concerned families and other residents, and calls upon Stagecoach Southwest ‘to consider their social and environmental responsibilities, to reverse this decision, and to retain the £1 child add-on tickets’.


In accordance with what thousands of concerned families are telling us, this Council resolves to put pressure on Stagecoach Southwest to reverse their recent decision, and to bring back the £1 child add-on fares with immediate effect.’