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Agenda, decisions and minutes

Venue: Council Chamber - County Hall

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

Note: To view the live stream of this meeting - please copy and paste this link into your browser - https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjViYTlmMjMtZjM0Ny00Y2FkLTliOWItZTJjMWNhMzUxZGFm%40thread.v2/0?context=%7b%22Tid%22%3a%228da13783-cb68-443f-bb4b-997f77fd5bfb%22%2c%22Oid%22%3a%22b0735e0e-6faa-4f6a-91bb-917fd50284ca%22%2c%22IsBroadcastMeeting%22%3atrue%7d&btype=a&role=a 

Media

Items
No. Item

93.

Election of Chair

Additional documents:

Decision:

Councillor Chubb MOVED and Councillor Hartnell SECONDED that Councillor Hall be elected Chair of Devon County Council for the ensuing year. The Motion was put to the vote and declared CARRIED.

Minutes:

Councillor Chubb MOVED and Councillor Hartnell SECONDED that Councillor Hall be elected Chair of Devon County Council for the ensuing year. The Motion was put to the vote and declared CARRIED.

 

COUNCILLOR HALL IN THE CHAIR

94.

Appointment of Vice-Chair

Additional documents:

Decision:

Councillor Randall-Johnson MOVED and Councillor Berry SECONDED that Councillor Prowse be appointed Vice-Chair of Devon County Council for the ensuing year.

 

The Motion was put to the vote and declared CARRIED

Minutes:

Councillor Randall-Johnson MOVED and Councillor Berry SECONDED that Councillor Prowse be appointed Vice-Chair of Devon County Council for the ensuing year.

 

The Motion was put to the vote and declared CARRIED

95.

Appointment of Deputy Leader of the Council

Additional documents:

Decision:

Councillor Hart, the Leader of the Council, MOVED and Councillor Hughes SECONDED that Councillor McInnes be appointed Deputy Leader of Devon County Council for the ensuing year.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

Councillor Hart, the Leader of the Council, MOVED and Councillor Hughes SECONDED that Councillor McInnes be appointed Deputy Leader of Devon County Council for the ensuing year.

 

The Motion was put to the vote and declared CARRIED.

96.

Cabinet Members and Allocation of Remits

The Leader of the Council to move:

 

"that the Council note that Members shown in the Appendix circulated to Members with the agenda of the meeting will be appointed to hold office until the date of the Annual Meeting in 2023, together with the remits shown therein.

Additional documents:

Decision:

Councillor Hart, Leader of the Council, MOVED and Councillor Hughes SECONDED:

 

“that the Council note that the Members shown in the Appendix circulated at the meeting have been appointed to the Cabinet and designated as Cabinet Members as indicated therein with the remits shown, to hold office until the date of the Annual Meeting of the Council in 2023”.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

Councillor Hart, Leader of the Council, MOVED and Councillor Hughes SECONDED:

 

“that the Council note that the Members shown in the Appendix circulated at the meeting have been appointed to the Cabinet and designated as Cabinet Members as indicated therein with the remits shown, to hold office until the date of the Annual Meeting of the Council in 2023”.

 

The Motion was put to the vote and declared CARRIED.

97.

Minutes

To approve as a correct record and sign the minutes of the meeting held on

17 February 2022.

 

 

Additional documents:

Decision:

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 17 February 2022 be signed as a correct record.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 17 February 2022 be signed as a correct record.

 

The Motion was put to the vote and declared CARRIED.

98.

Announcements

Additional documents:

Minutes:

The Chair of the Council congratulated both Youth Hub Devon, which helped young people find work, enter education and build their confidence, and Exeter Works which supported adults – who had both been recognised by the Exeter Living Awards. Both organisations won the ‘Civic’ category at the prestigious awards ceremony at the University of Exeter which recognised organisations, businesses, projects, and voluntary groups that had made an outstanding contribution to the City.

99.

Items Requiring Urgent Attention

Additional documents:

Minutes:

There was no item raised as a matter of urgency.

 

100.

Appointment of Committees pdf icon PDF 1 MB

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 prior to the meeting and uploaded to the website 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 2023;

 

(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 prior to the meeting and uploaded to the website;

 

(c) that, as 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 with the agenda for the period expiring at the date of the Annual Meeting of the Council in 2023;

 

(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; and

 

(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 2023 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.

Additional documents:

Decision:

Councillor Hughes MOVED and Councillor Leaver SECONDED:

 

(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 prior to the meeting and uploaded to the website 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 2023;

 

(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 prior to the meeting and uploaded to the website;

 

(c) that, as 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 with the agenda for the period expiring at the date of the Annual Meeting of the Council in 2023;

 

(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; and

 

(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 2023 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.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

Councillor Hughes MOVED and Councillor Leaver SECONDED:

 

(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 prior to the meeting and uploaded to the website 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 2023;

 

(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 prior to the meeting and uploaded to the website;

 

(c) that, as 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 with the agenda for the period expiring at the date of the Annual Meeting of the Council in 2023;

 

(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; and

 

(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 2023 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.

 

The Motion was put to the vote and declared CARRIED.

101.

Appointment of Chairs' and Vice-Chairs' of Committees

Councillor Hughes to move:

 

‘that Members shown in the Appendix circulated prior to the meeting and uploaded to the website 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 2023’.

Additional documents:

Decision:

Councillor Hughes MOVED and Councillor Barnes SECONDED:

 

‘that Members shown in the Appendix circulated prior to the meeting and uploaded to the website 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 2023’.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

Councillor Hughes MOVED and Councillor Barnes SECONDED:

 

‘that Members shown in the Appendix circulated prior to the meeting and uploaded to the website 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 2023’.

 

The Motion was put to the vote and declared CARRIED.

102.

Public Participation: Petitions, Questions and Representations pdf icon PDF 26 KB

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

Additional documents:

Minutes:

The Leader was presented by Mr P Shearn, with a petition containing in the region of 1000 signatures regarding the sale of the KEVICCS site in Totnes and its future usage.

 

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to one question from a member of the public on the following matter:

 

·         the proposed widening on the footpath on Station Hill, Chudleigh and timescales for delivery.

 

The Cabinet Member responded orally to the supplementary question arising from the above.

 

The Council also received and acknowledged an oral representation made by Mr Scott on the Nature and Climate Declaration from Zero Hour.

 

The Chair thanked members of the public for their contributions.

 

(NB: A copy of the question and answer are appended to these minutes and the supplementary question and answer may be observed through the webcast of this meeting)

 

(NB: The relevant Director would be asked to respond direct to the petitioner on the issues raised, within 15 days, letting him/her know how long it would take to undertake the requested review in line with the Council’s Petition Scheme)

 

103.

Petitions from Members of the Council

Additional documents:

Minutes:

The Leader was presented by Councillor Letch, on behalf of residents of Bow with a petition seeking immediate action to repair pot holes and fix hazardous road conditions, on Station Road and the High Street - A3072.

 

(NB: The relevant Director would be asked to respond direct to the petitioner on the issues raised, within 15 days, letting him/her know how long it would take to undertake the requested review in line with the Council’s Petition Scheme)

104.

Questions from Members of the Council pdf icon PDF 288 KB

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

Additional documents:

Minutes:

In accordance with the Council’s Procedure Rules, the Leader and relevant Cabinet Members and two Committee Chairs provided written responses to seventeen questions submitted by Members of the Council relating to the following matters.

 

·         Lower Hare Farm, Whitestone – additional information from the Environment Agency and remaining landfill capacity at the three Exeter landfill sites;

·         Environment Agency information not publicly available and therefore could not be checked;

·         Confirmation that data on remaining landfill void capacities was published two days before the Development Management Committee and stated that the remaining void capacity for the three Exeter sites was 553,000m3?

·         Agreement of Chair that the data published by the Environment Agency did not state that the remaining capacity was only 287,222m3?

·         Whether the Council published an Addendum which presented revised data;

·         Whether the Addendum appeared to state a position in contradiction to the data provided by the Environment Agency;

·         Access to Dawlish Beach, Network Rail Works and relevant permissions;

·         Issues with claiming Child Trust Funds, particularly for young people who had been in care and help available;

·         Signage in Sannerville Way, Exminster;

·         Long closure of the Two Moors Way walking route;

·         Priority Reopening of Two Moors Way;

·         Two Moors Way and Contingency Plans for the Reopening of Dartmoor Line;

·         Concerns raised with the Council about John Humphreys and actions taken to keep children safe;

·         Guidance to Devon Schools, following the conviction of John Humphreys for serious child sex offences, about the appointment of school governors;

·         Proposed sale of the Elmhirst Fields and former school building by King Edward VI Community College (KEVICCS) in Totnes;

·         Anxiety, depression, suicide and drug abuse among school age children and teenagers and what improvements were being provided to respond; and

·         Usage of 2013 IPCC weather and flooding data and new Flood Modelling.

 

The relevant Cabinet Members and Chairs of Committees also responded orally, as appropriate, to any supplementary questions arising therefrom.

 

(A copy of the questions and answers are appended to the minutes and any supplementary questions and answers may be observed through the webcast of this meeting)

105.

Cabinet Member Reports pdf icon PDF 132 KB

To consider reports from Cabinet Members.

Additional documents:

Minutes:

(Councillor Wrigley declared a personal interest in this matter by virtue of being a portfolio holder at Teignbridge with responsibility for refugee issues).

 

The Council received reports from the relevant Cabinet Members on specific issues upon which they had been asked to comment, as set out below:

 

(a)       Adult Social Care and Health Services

 

Councillor McInnes circulated a Report, as requested by Councillor Hannaford, on children and adults in the Council area who had acute medical needs and disabilities and whether these individuals had to use life-saving medical equipment, any additional energy needs during the cost of living crisis, in relation to economic vulnerabilities. The Report outlined the additional help available.

 

(b)       Public Health, Communities and Equality

 

Councillor Croad circulated a Report, as requested by Councillor Wrigley, on the Homes for Ukraine Scheme across Devon. The Report highlighted the numbers of families, the position with VISA’s, the support provided by Devon, including school places and the split of funding and responsibility between County and the Districts.

 

He also responded to questions on free bus passes, approval for pets of refugees and school placements.

 

(c)       Children’s Services and Schools

 

Councillor Leadbetter circulated a Report, as requested by Councillor Connett, on progress towards achieving a ‘Good’ OFSTED rating for Devon’s Childrens Services and also in response to Councillor Wrigley on savings for children in care, including the numbers of children currently in care who would receive the £20 a month saving.

 

The Report also covered, as requested by Councillor Biederman data for Suicide, Attempted Suicide & Incidents that were recorded as not a serious attempt of Suicide in young people in Devon aged 11 – 19 and the work with partners, schools and colleges to reduce and tackle the issues.

 

He also responded to questions on visions and dates of delivery, consultation with foster carers, school buildings programmes, the ‘voice of the child’ and the role of the Corporate Parenting Forum.

106.

Minutes pdf icon PDF 209 KB

To receive and adopt and / or approve the Minutes of the under mentioned Committees

 

Additional documents:

Decision:

In accordance with Standing Order 13(2), the Chair of the Council MOVED and it was duly SECONDED that the Minutes of the undermentioned meetings of Committees be endorsed.

 

Audit Committee                                           -           24 February 2022

Investment & Pension Fund Committee  -           25 February 2022

Appeals Committee                                     -           7 March and 25 April 2022

Public Rights of Way Committee               -           10 March 2022

Standards Committee                                 -           22 March 2022

(including approval of Minute 15 and the adoption of the Council’s revised Code of Conduct)

Development Management Committee    -           30 March 2022

Appointments, Remuneration and

Chief Office Conduct Committee               -           14 April 2022

(Including approval of minute 21 and the appointment of the Director of Climate Change, Environment and Transport)

 

Children’s Scrutiny                                      -           15 March 2022 and the

special meeting of 6 April 

Health & Adult Care Scrutiny                     -           17 March 2022

Corporate Infrastructure & Regulatory     -           24 March 2022 and the

Services Scrutiny                                                     special meeting of 10 May

 

The Motion was put to the vote and declared CARRIED.

Minutes:

In accordance with Standing Order 13(2), the Chair of the Council MOVED and it was duly SECONDED that the Minutes of the undermentioned meetings of Committees be endorsed.

 

Audit Committee                                           -           24 February 2022

Investment & Pension Fund Committee  -           25 February 2022

Appeals Committee                                     -           7 March and 25 April 2022

Public Rights of Way Committee               -           10 March 2022

Standards Committee                                 -           22 March 2022

(including approval of Minute 15 and the adoption of the Council’s revised Code of Conduct)

Development Management Committee    -           30 March 2022

Appointments, Remuneration and

Chief Office Conduct Committee               -           14 April 2022

(Including approval of minute 21 and the appointment of the Director of Climate Change, Environment and Transport)

 

Children’s Scrutiny                                      -           15 March 2022 and the

special meeting of 6 April 

Health & Adult Care Scrutiny                     -           17 March 2022

Corporate Infrastructure & Regulatory     -           24 March 2022 and the

Services Scrutiny                                                     special meeting of 10 May

 

The Motion was put to the vote and declared CARRIED.

107.

Scrutiny Annual Report 21-22 pdf icon PDF 10 MB

To receive the Scrutiny Annual Report, a copy of which can be viewed on the website at https://democracy.devon.gov.uk/ecCatDisplay.aspx?sch=doc&cat=13628&path=13626 and is attached to this agenda.

Additional documents:

Minutes:

The Council received and endorsed the 2021/22 Annual Report summarising the activities and investigations undertaken by each of the Council’s three Scrutiny Committees during the course of the year, the outcomes arising and the continuing challenges, particularly in light of the Covid-19 pandemic and Elections and the development of the Scrutiny role over that period.

 

The first year of the new Council had seen Scrutiny focus upon supporting new and returning Members to understand the Council. This was reflected in the unusually high number of masterclasses. After this focus, all Committees had moved to undertake task group investigations and spotlight reviews.

 

Corporate Infrastructure and Regulatory Service Scrutiny continued to have a Standing Overview Group on Climate Change and had established a spotlight review on loneliness as well as completing work on the highways Milestone contract.

 

Children's Scrutiny had continued to have a focus upon the service's improvement journey and had set up task groups on Child Friendly Devon and SEND.

 

The Health and Adult Care Scrutiny Committee had sought to ensure ongoing public scrutiny of the NHS’s recovery and restoration journey as well as making a referral to the Secretary of State for Health and Social Care as well as a spotlight review on ambulance wait times. 

 

Scrutiny Chairs expressed their thanks to all Scrutiny Committee Members, across the four year term. The support of the dedicated Scrutiny team, coupled with the expertise offered by the two special advisors which continued to be critical to the success of scrutiny.

 

In associating himself with the above remarks the Leader of the Council also expressed his thanks to the Council's Scrutiny Committees for the advice they had given to the Cabinet over the last year.

 

[NB: A copy of the Annual Report was available on the website https://democracy.devon.gov.uk/ecCatDisplay.aspx?sch=doc&cat=13628&path=13626

108.

Behaviour Change and Phasing Out Fossil Fuels (Minute 74 of 2 December 2021)

To receive and consider the recommendations of the Cabinet (Minute 103(c) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hodgson and referred thereto in accordance with Standing Order 8(2), namely: 

 

Further to the outcomes of COP26, which failed to secure strong commitments to phase out fossil fuels, this council will seek to support behaviour change in residents and businesses in the County by implementing initiatives modelled on the Welsh Government’s One Planet Standard and associated Policies. This will include a commitment to switch funding from fossil fuel intense (e.g. new road building) projects to alternative (e.g. Active Travel) projects that will support low carbon, and healthier lifestyles.

 

Background information at this link - https://www.youtube.com/watch?v=eSDnAnpaGHs 

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/21/01) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

‘that Council be recommended to endorse the spirit of the Notice of Motion, continues to help residents and businesses reduce their environmental impact, and continues to take opportunities to invest in low-carbon infrastructure for the people of Devon’.

 

Additional documents:

Decision:

The Motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

Minutes:

Pursuant to County Council Minute 74 of 2 December 2021 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hodgson that: 

                       

Further to the outcomes of COP26, which failed to secure strong commitments to phase out fossil fuels, this council will seek to support behaviour change in residents and businesses in the County by implementing initiatives modelled on the Welsh Government’s One Planet Standard and associated Policies. This will include a commitment to switch funding from fossil fuel intense (e.g. new road building) projects to alternative (e.g. Active Travel) projects that will support low carbon, and healthier lifestyles.

 

Background information at this link - https://www.youtube.com/watch?v=eSDnAnpaGHs 

 

and having had regard to the advice of the Cabinet set out in Minute 103(c) of 12 January 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council endorse the spirit of the Notice of Motion, continues to help residents and businesses reduce their environmental impact, and continues to take opportunities to invest in low-carbon infrastructure for the people of Devon.

                       

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED.

 

Councillor Hodgson then MOVED and Councillor Biederman SECONDED that the motion be amended as follows (words removed via strikethrough and additional words in red).

 

that Council endorse the spirit of the Notice of Motion, continues to help residents and businesses reduce their environmental impact and continues to take opportunities to invest in low-carbon infrastructure gives a commitment to switch funding from fossil fuel intense (e.g. new road building) projects to alternative low-carbon infrastructure projects (e.g. Active Travel schemes) as a front loaded phased programme over the next 3 years, for the people of Devon.

 

The amendment in the name of Councillor Hodgson was then put to the vote and declared LOST.

 

The Motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

109.

Community Composting Initiatives (Minute 75 of 2 December 2021)

To receive and consider the recommendations of the Cabinet (Minute 103(d)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hodgson and referred thereto in accordance with Standing Order 8(2), namely: 

 

In the spirit of COP 26 to reduce the carbon footprint of waste recycling, this Council will encourage and support community composting initiatives that are supported by Parish Councils in the County.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/21/01) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

‘that Council be recommended to note the current position and the planned work on community composting and no further action be taken on the Notice of Motion’.

 

Additional documents:

Decision:

The motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

Minutes:

Pursuant to County Council Minute 75 of 2 December 2021 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hodgson that: 

                       

‘In the spirit of COP 26 to reduce the carbon footprint of waste recycling, this Council will encourage and support community composting initiatives that are supported by Parish Councils in the County’.

 

and having had regard to the advice of the Cabinet set out in Minute 103 (d) of 12 January 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted, that Council note the current position and the planned work on community composting and no further action be taken on the Notice of Motion.

 

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED.

 

Councillor Hodgson then MOVED and Councillor Biederman SECONDED that the motion be amended as follows (words removed via strikethrough and additional words in red).

 

‘that Council note the current position and planned work on community composting and no further action be taken on the Notice of Motion set aside a budget of up to £1,000 per parish that can be accessed by community groups via their parish council to establish community composting initiatives, subject to agreed criteria for these composting schemes.  As there are 426 civil parishes listed for Devon, the potential drawdown of £426,000 can be phased over the next 3 years, starting with £150,000 in the coming budget year 22/23’.

 

The amendment in the name of Councillor Hodgson was then put to the vote and declared LOST.

 

The motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

110.

Neonicotinoid Ban (Minute 90 of 17 February 2022)

To receive and consider the recommendations of the Cabinet (Minute 131(a)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Brazil and referred thereto in accordance with Standing Order 8(2), namely:

 

‘It is desperately disappointing that once again the Government has permitted the use of a pesticide known to have catastrophic effects on bees. This Council will not permit the use of thiamethoxam or any neonicotinoid pesticides on County farms or any County land. We would also encourage farmers to adopt more sustainable farming practices and reduce their reliance on toxic pesticides. The Government needs to support our farmers to do this and uphold its own ban on neonicotinoids’. 

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/06) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

‘that Council be recommended to endorse the spirit of this Notice of Motion given the significant environmental concerns relating to the use of neonicotinoids and calls on Government to carefully review its consideration of emergency use applications to ensure consistency with the objectives of the National Pollinator Strategy and the 25 Year Environment Plan.  It will continue to pursue relevant action in line with its Pollinator Action Plan’.

Additional documents:

Decision:

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

Minutes:

(Councillor Hodgson declared a personal interest in this matter by virtue of being a bee keeper).

 

Pursuant to County Council Minute 90 of 17 February 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Brazil that: 

                       

It is desperately disappointing that once again the Government has permitted the use of a pesticide known to have catastrophic effects on bees. This Council will not permit the use of thiamethoxam or any neonicotinoid pesticides on County farms or any County land. We would also encourage farmers to adopt more sustainable farming practices and reduce their reliance on toxic pesticides. The Government needs to support our farmers to do this and uphold its own ban on neonicotinoids’.

 

and having had regard to the advice of the Cabinet set out in Minute 313(a) 9 March 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council endorse the spirit of this Notice of Motion given the significant environmental concerns relating to the use of neonicotinoids and calls on Government to carefully review its consideration of emergency use applications to ensure consistency with the objectives of the National Pollinator Strategy and the 25 Year Environment Plan.  It will continue to pursue relevant action in line with its Pollinator Action Plan.

 

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

111.

Devon's Cost Of Living Crisis (Minute 91 of 17 February 2022)

To receive and consider the recommendations of the Cabinet (Minute 131 (b)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hannaford and referred thereto in accordance with Standing Order 8(2), namely: 

 

Council notes with concern that;

 

According to the House of Commons Library, the UK cost of living has been rising since early 2021, but in December 2021 inflation reached its highest recorded level in decades, seriously affecting the ability of households to afford basic goods and essential services. Economic experts agree that the UK is now expected to experience will be the sharpest fall in disposable incomes since records began in 1990, as the cost of living crisis wreaks havoc among middle and lower-income households.

 

Inflation

Consumer prices, as measured by the Consumer Prices Index (CPI) , were 5.4% higher in December 2021 than a year before – the highest inflation rate recorded since 1992. In mid-December, the Bank of England forecast the CPI inflation rate to remain around 5% over the winter, before rising to 6% in April 2022. However now against a backdrop of rising household energy prices, the Bank said inflation was on course to peak close to 7.25% in April, a sharp adjustment to its previous forecast.

 

Fuel and Petrol Prices

 

Petrol and diesel prices both fell over the first two months of the first lockdown. At the end of May 2020 they were at their lowest level for around five years: the UK average was 104.9 pence for a litre of petrol and 111.7 pence for diesel. Prices increased steadily during most of 2021 and particularly rapidly in October and November. Petrol reached a record price of 147.5 pence per litre on 29 November 2021. Diesel reached a record price of 151.3 pence per litre on the same day. Both prices have fallen slightly since then; on 17 January 2022 average prices were 144.8 and 148.7 pence for a litre of petrol and diesel respectively. However these prices were still historically very high and are even more economically regressive in a rural county like Devon, where driving is often essential.

 

Housing Costs

Particularly in the private rental sector ever rising costs are adding pressure to those in most in need. The latest HomeLet Rental Index figures show average monthly rental costs in the UK rose by 8.6 percent, with the average rent being £1,060. An article on the cost-of-living crisis in the homeless charity magazine, The Big Issue, noted, “Already, data shows that private rents are unaffordable for the poorest in the country, with data from 2021 showing that there are just two areas in England where the poorest families spend less than 30 per cent of their income on rent costs.”

 

As proven by the research done by Team Devon, the distortion of the rental market from ever more holiday homessecond homes , and an explosion in Airbnb properties, and the  ...  view the full agenda text for item 111.

Additional documents:

Decision:

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

Minutes:

Pursuant to County Council Minute 91 of 17 February 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hannaford that: 

                       

Council notes with concern that;

 

According to the House of Commons Library, the UK cost of living has been rising since early 2021, but in December 2021 inflation reached its highest recorded level in decades, seriously affecting the ability of households to afford basic goods and essential services. Economic experts agree that the UK is now expected to experience will be the sharpest fall in disposable incomes since records began in 1990, as the cost of living crisis wreaks havoc among middle and lower-income households.

 

Inflation

Consumer prices, as measured by the Consumer Prices Index (CPI) , were 5.4% higher in December 2021 than a year before – the highest inflation rate recorded since 1992. In mid-December, the Bank of England forecast the CPI inflation rate to remain around 5% over the winter, before rising to 6% in April 2022. However now against a backdrop of rising household energy prices, the Bank said inflation was on course to peak close to 7.25% in April, a sharp adjustment to its previous forecast.

 

Fuel and Petrol Prices

 

Petrol and diesel prices both fell over the first two months of the first lockdown. At the end of May 2020 they were at their lowest level for around five years: the UK average was 104.9 pence for a litre of petrol and 111.7 pence for diesel. Prices increased steadily during most of 2021 and particularly rapidly in October and November. Petrol reached a record price of 147.5 pence per litre on 29 November 2021. Diesel reached a record price of 151.3 pence per litre on the same day. Both prices have fallen slightly since then; on 17 January 2022 average prices were 144.8 and 148.7 pence for a litre of petrol and diesel respectively. However, these prices were still historically very high and are even more economically regressive in a rural county like Devon, where driving is often essential.

 

Housing Costs

Particularly in the private rental sector ever rising costs are adding pressure to those in most in need. The latest HomeLet Rental Index figures show average monthly rental costs in the UK rose by 8.6 percent, with the average rent being £1,060. An article on the cost-of-living crisis in the homeless charity magazine, The Big Issue, noted, “Already, data shows that private rents are unaffordable for the poorest in the country, with data from 2021 showing that there are just two areas in England where the poorest families spend less than 30 per cent of their income on rent costs.”

 

As proven by the research done by Team Devon, the distortion of the rental market from ever more holiday homessecond homes, and an explosion in Airbnb properties, and the scarcity of affordable and social housing in all parts  ...  view the full minutes text for item 111.

112.

Motion for the Ocean (Minute 92 of 17 February 2021)

To receive and consider the recommendations of the Cabinet (Minute 131(c)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Aves and referred thereto in accordance with Standing Order 8(2), namely: 

 

‘Devon County Council is developing the Devon Carbon Plan aiming to reach net zero carbon by 2050 at the latest. The Plan includes the ambition to enhance the ability of habitats along our 200 miles of coast, in our countryside and in our villages, towns and cities to store carbon. This offers tremendous opportunities to reverse the decline of biodiversity and restore healthy ecosystems. This council has shown its wider environmental values through its support of projects such as the Exe Estuary Management Partnership. 

 

In May 2019, after Devon County Council declared a Climate Emergency, a partnership formed to respond to the climate and ecological emergency in Devon. Its members represent private sector interests, environmental organisations, academic institutions, and public bodies, including our neighbours Plymouth City Council and Torbay Council. Plymouth City Council is leading the way in connecting people to the ocean through the development of the UK’s first National Marine Park, in Plymouth Sound and as the first Council to pass the Ocean Recovery Declaration.

 

International and national context

 

The UN Decade of Ocean Science for Sustainable Development runs from 2021 to 2030. Last year the UK hosted COP26 in Glasgow and the G7 came to Cornwall. The UK Government has publicly declared its ambition to be a global leader in marine conservation. All eyes are on the ocean.

 

There is national and global recognition that the world ocean is in crisis. The impact of the climate crisis on the ocean is profound, including in our local waters. Raised atmospheric carbon dissolves in the seawater and causes ocean acidification, dissolving the shells, reefs and other hard parts of marine animals. The heating of the climate causes ocean heating too which makes some parts of the ocean intolerable for life and is changing what lives and is caught locally. It also increases the volume of the ocean which causes sea level rise, added to by ice melt at the poles. Thanks to a more turbulent climate, increased storminess and sea level rise is a serious threat to all coastal communities, economies and infrastructure including Devon coasts. Marine microplastics have been found in all marine environments and in the bodies of many species, including humans. Fish stocks collapse from permitted and illegal overfishing. Poor water quality is impacting seafood and preventing safe bathing.

 

We must play our part in securing the sustainability and health of the ocean. Action is needed at all levels, from individuals developing their ocean literacy (understanding of the relationship between people and the ocean), individual and collective marine citizenship (promoting and demanding an ocean recovery through local, national and international policy changes).

 

This Council declares an urgent need for Ocean Recovery.

 

We recognise that we need ocean recovery to meet our net zero carbon targets, and we need  ...  view the full agenda text for item 112.

Additional documents:

Decision:

The Motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

Minutes:

Pursuant to County Council Minute 92 of 17 February 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Aves that: 

                       

‘Devon County Council is developing the Devon Carbon Plan aiming to reach net zero carbon by 2050 at the latest. The Plan includes the ambition to enhance the ability of habitats along our 200 miles of coast, in our countryside and in our villages, towns and cities to store carbon. This offers tremendous opportunities to reverse the decline of biodiversity and restore healthy ecosystems. This council has shown its wider environmental values through its support of projects such as the Exe Estuary Management Partnership. 

 

In May 2019, after Devon County Council declared a Climate Emergency, a partnership formed to respond to the climate and ecological emergency in Devon. Its members represent private sector interests, environmental organisations, academic institutions, and public bodies, including our neighbours Plymouth City Council and Torbay Council. Plymouth City Council is leading the way in connecting people to the ocean through the development of the UK’s first National Marine Park, in Plymouth Sound and as the first Council to pass the Ocean Recovery Declaration.

 

International and national context

 

The UN Decade of Ocean Science for Sustainable Development runs from 2021 to 2030. Last year the UK hosted COP26 in Glasgow and the G7 came to Cornwall. The UK Government has publicly declared its ambition to be a global leader in marine conservation. All eyes are on the ocean.

 

There is national and global recognition that the world ocean is in crisis. The impact of the climate crisis on the ocean is profound, including in our local waters. Raised atmospheric carbon dissolves in the seawater and causes ocean acidification, dissolving the shells, reefs and other hard parts of marine animals. The heating of the climate causes ocean heating too which makes some parts of the ocean intolerable for life and is changing what lives and is caught locally. It also increases the volume of the ocean which causes sea level rise, added to by ice melt at the poles. Thanks to a more turbulent climate, increased storminess and sea level rise is a serious threat to all coastal communities, economies and infrastructure including Devon coasts. Marine microplastics have been found in all marine environments and in the bodies of many species, including humans. Fish stocks collapse from permitted and illegal overfishing. Poor water quality is impacting seafood and preventing safe bathing.

 

We must play our part in securing the sustainability and health of the ocean. Action is needed at all levels, from individuals developing their ocean literacy (understanding of the relationship between people and the ocean), individual and collective marine citizenship (promoting and demanding an ocean recovery through local, national and international policy changes).

 

This Council declares an urgent need for Ocean Recovery.

 

We recognise that we need ocean recovery to meet our net zero carbon targets, and we need net zero carbon to recover our ocean.  ...  view the full minutes text for item 112.

113.

Better Buses For Devon

Councillor Hannaford to move:

 

That this Council:-

 

a)    Notes with great concern the huge reduction in the bus network across Devon, that has taken place since privatisation, deregulation, and under funding.

b)    Believes buses are essential to freeing up congested road space, to cleaning up the air that we all breathe and above all to connecting people to jobs, friends and life opportunities.

c)    Records the specific ongoing problems that our local school pupils and college students have in properly attending their places of education across Devon through inaccessible public transport.

d)   Concludes that the bus service in Devon now presents itself as a failed model, to the extent that it no longer has widespread public confidence, because of its serious long term poor performance and post pandemic dysfunctionality.

e)    Notes the completely unacceptable regional imbalances in funding for public transport services which prioritise the South East of England, and believes this must be radically reformed, and central government must do more to provide significant funding to revitalise local transport in the South West.

f)     Wants to develop, design and achieve a good public transport system that runs where people need it, when people need it and at a price that is affordable.

g)    Understands that the Government's impact assessment of the Bus Service Act (2017) highlighted that public control would better address six out of seven Local Transport Authority objectives compared to an enhanced partnership and was the only method likely to deliver a “significant increase in patronage”.

h)    Supports exercising powers to bring Devon’s bus services back under local control via franchising, at the earliest practicable date.

i)     Acknowledges that the costs of franchising cannot be estimated accurately until a “notice of intent” has been released and the associated statutory powers to access bus operators' commercial data is employed.

 

Therefore, this Council requests that the Administration:-

 

(i)            To conduct a statutory assessment of franchising at the earliest possible opportunity in 2022.

(ii)          Explore a notice of intent to prepare a franchising assessment at the earliest opportunity.

Additional documents:

Decision:

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

Minutes:

Councillor Hannaford MOVED and Councillor Whitton SECONDED

 

That this Council:-

 

a)    Notes with great concern the huge reduction in the bus network across Devon, that has taken place since privatisation, deregulation, and under funding.

b)    Believes buses are essential to freeing up congested road space, to cleaning up the air that we all breathe and above all to connecting people to jobs, friends and life opportunities.

c)    Records the specific ongoing problems that our local school pupils and college students have in properly attending their places of education across Devon through inaccessible public transport.

d)   Concludes that the bus service in Devon now presents itself as a failed model, to the extent that it no longer has widespread public confidence, because of its serious long term poor performance and post pandemic dysfunctionality.

e)    Notes the completely unacceptable regional imbalances in funding for public transport services which prioritise the South East of England, and believes this must be radically reformed, and central government must do more to provide significant funding to revitalise local transport in the South West.

f)     Wants to develop, design and achieve a good public transport system that runs where people need it, when people need it and at a price that is affordable.

g)    Understands that the Government's impact assessment of the Bus Service Act (2017) highlighted that public control would better address six out of seven Local Transport Authority objectives compared to an enhanced partnership and was the only method likely to deliver a “significant increase in patronage”.

h)    Supports exercising powers to bring Devon’s bus services back under local control via franchising, at the earliest practicable date.

i)     Acknowledges that the costs of franchising cannot be estimated accurately until a “notice of intent” has been released and the associated statutory powers to access bus operators' commercial data is employed.

 

Therefore, this Council requests that the Administration:-

 

(i)            To conduct a statutory assessment of franchising at the earliest possible opportunity in 2022.

(ii)          Explore a notice of intent to prepare a franchising assessment at the earliest opportunity.

 

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

114.

First Homes Not Second Homes

Councillor Hannaford to move:

 

In response to Devon’s serious and ongoing housing crisis council supports the following measures :

 

1) New powers from Government for Councils to progressively raise taxes on holiday lets and unused second homes, up to a quadrupling of council tax, where homes are left empty for much of the year. 

 

2) A licensing regime for second homes, Airbnbs and holiday lets - with a minimum of 51% of homes in any community being for local people. Councils should have the powers to raise this level to reflect local circumstances. 

 

3) A " Last Shop in the Village Fund" - powers for local councils to introduce a Community Infrastructure Levy on holiday lets and Airbnbs, administered by local authorities, to support local shops, pharmacies, post offices and pubs. 

 

4) Committment to build affordable homes and social housing across the South West with a priority for local people. 

 

5) Lock in the discount of new homes for future renters and buyers to ensure affordable homes are not lost after the first families move on. 

 

Council therefore resolves to formally write to the Government, including the Prime Minister and the Secretary of State for Levelling Up, Housing and Communities, requesting the appropriate changes in legislation to secure these much needed changes as a matter of urgency. 

 

Furthermore Council resolves to formally write to all our local Devon Members of Parliament advising them of the Councils decision, urging them to also urgently propose, lobby for, support and crucially vote for these vital measures in Parliament. 

Additional documents:

Decision:

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

Minutes:

Councillor Hannaford MOVED and Councillor Whitton SECONDED

 

In response to Devon’s serious and ongoing housing crisis council supports the following measures:

 

1) New powers from Government for Councils to progressively raise taxes on holiday lets and unused second homes, up to a quadrupling of council tax, where homes are left empty for much of the year. 

 

2) A licensing regime for second homes, Airbnbs and holiday lets - with a minimum of 51% of homes in any community being for local people. Councils should have the powers to raise this level to reflect local circumstances. 

 

3) A " Last Shop in the Village Fund" - powers for local councils to introduce a Community Infrastructure Levy on holiday lets and Airbnbs, administered by local authorities, to support local shops, pharmacies, post offices and pubs. 

 

4) Commitment to build affordable homes and social housing across the South West with a priority for local people. 

 

5) Lock in the discount of new homes for future renters and buyers to ensure affordable homes are not lost after the first families move on. 

 

Council therefore resolves to formally write to the Government, including the Prime Minister and the Secretary of State for Levelling Up, Housing and Communities, requesting the appropriate changes in legislation to secure these much needed changes as a matter of urgency. 

 

Furthermore, Council resolves to formally write to all our local Devon Members of Parliament advising them of the Councils decision, urging them to also urgently propose, lobby for, support and crucially vote for these vital measures in Parliament. 

 

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

115.

MOT Certification Scheme

Councillor Letch to move:

 

‘This Council recognises the value of the MOT Certificate scheme to assure roadworthiness of vehicles and will investigate the way to introduce an MOT Certificate scheme for the County's roads to assure everyone that they are fit for use by us all.’

Additional documents:

Decision:

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

Minutes:

Councillor Letch MOVED and Councillor Thomas SECONDED

 

‘This Council recognises the value of the MOT Certificate scheme to assure roadworthiness of vehicles and will investigate the way to introduce an MOT Certificate scheme for the County's roads to assure everyone that they are fit for use by us all.’

 

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

116.

Implementation Process of 20mph Roads and Zones

Councillor Hodgson to move:

 

‘In light of the level of response to the recent call by DCC for Town and Parish Councils to nominate roads for 20mph speed limits and zones, the Council will seek to investigate, support and implement at least 50% of the applications in this financial year, and consider the remainder for implementation in 2022/23’.

 

Additional documents:

Decision:

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

Minutes:

Councillor Hodgson MOVED and Councillor Bailey SECONDED

 

‘In light of the level of response to the recent call by DCC for Town and Parish Councils to nominate roads for 20mph speed limits and zones, the Council will seek to investigate, support and implement at least 50% of the applications in this financial year, and consider the remainder for implementation in 2023/24’.

 

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.


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