Agenda, decisions and minutes

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

7 September 2023.

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 7 September 2023 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 7 September 2023 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chair of the Council reported the passing away of two former County Councillors.

Former County Councillor Owen Masters had served the former Kingsbridge Rural Division between 1997 and 2005 and former County Councillor Pennington had been elected in 1989 for the former Totnes Rural Division serving until 1993, again in 1997 until 2001 and then for the former South Brent & Dartington Division in 2005 serving until 2013. He was made an Alderman in 2013 and was a former Vice-Chair of the Council.

The Chair also announced that the Bridges Team had been awarded the gold award for Team of the Year in the Childrens Services category of Social Worker of the Year awards.  The Chair and the Council congratulated the Team on their fantastic achievement.

Further congratulations were given to the Devon Food Partnership for winning a prestigious national award in recognition of its work to promote healthy, sustainable and local food. The Sustainable Food Places Bronze Award acknowledged the positive impact the Partnership had had since its establishment in 2021 following the growth in demand for local food during the pandemic and its key achievement in hosting the first Devon Food Insecurity Summit.

The Tiverton Canal Co were also congratulated on winning a Devon Tourism Award, which had been hailed as a win for Tiverton, Mid Devon and The Grand Western Canal. The family run company, renowned for operating one of the last horse-drawn barges in the country, picked up the Bronze Award in the Small Visitor Attraction of the Year 2023/24 category at the recent Devon Tourism Awards.

Amy Kayne was congratulated for being the Regional Winner for Higher or Degree Apprentice of the Year and therefore shortlisted as a national finalist at the National Apprenticeship Awards.

The Chair reported that the earlier charity collection for care leavers had reached over £400 so far.

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

The Leader was presented, by Councillor Polly Colthorpe, on behalf of Cheriton Fitzpaine Parish Council, with a petition containing 281 signatures, asking the Council to make improvements to the road between the Half Moon Inn and Whitecross.

A further petition was submitted on behalf of The Friends of Topsham Library, by David Hayes asking for Topsham Library to be restored to its original room at Nancy Potter House with 515 signatures contained therein.

The Leader indicated that the relevant Cabinet Member, Director or Head of Service would be asked to respond direct to the petitioners on the issues raised, within 15 days.

In accordance with the Council's Public Participation Rules, the Council received and acknowledged oral representations made by Karen Thompson on the Torbay and Devon Civic Awards.

Alderman Olwen Foggin spoke on the impact of the Low Traffic Neighbourhood (LTN) on older people in the community. Further representations against the LTN matter were received from Mr I Frankum, Ms S Simmons, Mr M Follett, Ms T Creed, Ms M Lant and Mr C Hutchings raising issues such as consultation with the business community, community events, traffic modelling, impact assessments, and the impact on elderly, disabled and blind residents.

Ms T Palmer made a representation to support the 20s plenty for us campaign which called for 20mph speed limits to be the norm in residential areas, village, towns and cities.

The Chair thanked all attendees for their participation and comments.

The Leader was presented by Councillor Letch on behalf residents in and around the Copplestone area raising concern at the state of the two major A roads in the village. The petition contained in the region of 100 signatures.

[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].

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

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

1.    active streets trial in Heavitree and whether undertaken in line with Policy, Governments funding and in line with Exeter's Transport Strategy;

2.    whether the Council would apply for future active travel money for projects across Devon;

3.    what the Council would do differently on future highways consultations in light of local feedback as part of the Heavitree and Whipton Streets project;

4.    Loan to Woking Borough Council;

5.    scrapping of the 'tip tax', commitment to scrapping the charges and income that had been budgeted to receive this year and income received since fees were introduced;

6.    correct council telephone number to report a highways emergency, target response times and numbers answered within the target time;

7.    dates when schools in Devon joined or became Academies, list of remaining schools under DCC and any media services to schools;

8.    securing funding to progress the Otter Trail, the role of Local Cycling and Walking Infrastructure Plan (LCWIP) and consultation for the Otter Trail to make representations as part of this process;

9.    priority was to complete sections of existing trails and completion dates for existing trails;

10.Updating of Cycling and Multi Use Trail Strategy or whether superseded by Local Cycling and Walking Infrastructure Plans;

11.Meeting with Local Member and representatives from the Otter Trail to discuss potential sources;

12.pedestrian link between Newton Poppleford and Harpford and progress in negotiations to reach agreement between landowner and DCC;

13.Otterton and wait time of over two months for a streetlight on Fore Street to be fixed;

14.funding for 20mph schemes for 2024-5 and when communities could to submit expressions of interest;

15.estimated cost to the Council of the clean up operation after the floods of 9th May 2023 and how this is apportioned;

16.legal status of comments made by the Health Scrutiny Committee on various NHS trusts quality accounts;

17.pothole repairs and clarification of the £3.91million additional money for pothole repair had been allocated and spent; 

18.drain maintenance, the move from  annual  to three yearly drain, or gully, clearance and issues resulting from reduced clearance of leaves / debris, and impact on localised flooding;

19.‘pavement licences’ for tables and chairs on the Highway and similar scheme for trade dumpsters on the Highway;

20.level 2 non-mayoral deal with Devon and Torbay and role of the District Councils in the discussions and decisions about a possible deal;

21.Plymouth & South Devon Freeport and South Hams District Council’s (SHDC) change of plans regarding the Langage site and impact on DCC investment; and

22.closure of two care homes in a Member’s division.

The Leader, relevant Cabinet Members and a Committee Chair also responded orally, as appropriate, to any supplementary questions arising therefrom.

(A copy of the questions and answers had been published  ...  view the full minutes text for item 238.

To Council is asked to receive and approve the Youth Justice Plan, as recommended by the Cabinet (13 September 2023) (Minute 377 refers and replicated below). The Report is attached.

(a) that the 2023/2024 Youth Justice Service Plan be endorsed and in accordance with ‘Regulation 4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000’, be recommended to the Council for adoption;

(b) that the existing contribution to a pooled budget to part finance Youth Justice Services in Devon of £299,200 be agreed, noting that no additional funding is being sought through the Report; and

(c) that in order to maintain an informed dialogue on youth justice matters within communities to achieve the ambitions of the plan to the greatest effect, for both the benefit of children and society as a whole, the Report be further endorsed.

The Leader of the Council MOVED and Councillor Leadbetter SECONDED that the recommendations of the Cabinet, as set out at Minute 377, be approved, as outlined below;  

(a) that the 2023/2024 Youth Justice Service Plan be endorsed and in accordance with ‘Regulation 4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000’, be approved for adoption;

(b) that the existing contribution to a pooled budget to part finance Youth Justice Services in Devon of £299,200 be agreed, noting that no additional funding is being sought through the Report; and

(c) that in order to maintain an informed dialogue on youth justice matters within communities to achieve the ambitions of the plan to the greatest effect, for both the benefit of children and society as a whole, the Report be further endorsed.

The Motion was put to the vote and declared CARRIED.

The Council considered the recommendations of the Cabinet held on 13 September 2023 relating to the adoption by the County Council of the proposed Youth Justice Plan. The Plan had been circulated with the agenda.

The Leader of the Council MOVED and Councillor Leadbetter SECONDED that the recommendations of the Cabinet, as set out at Minute 377, be approved, as outlined below;

(a) that the 2023/2024 Youth Justice Service Plan be endorsed and in accordance with ‘Regulation 4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000’, be approved for adoption;

(b) that the existing contribution to a pooled budget to part finance Youth Justice Services in Devon of £299,200 be agreed, noting that no additional funding is being sought through the Report; and

(c) that in order to maintain an informed dialogue on youth justice matters within communities to achieve the ambitions of the plan to the greatest effect, for both the benefit of children and society as a whole, the Report be further endorsed.

The Motion was put to the vote and declared CARRIED.

The Council is asked to receive and approve the proposal that Cornwall Council’s to join Adopt South West, as recommended by the Cabinet (8 November 2023) (Minute 414 refers) and replicated below). The Report is attached.

(a) that the proposal by Cornwall Council to become a full member of Adopt South West Regional Adoption Agency, hosted by Devon County Council, from 1 April 2024, be approved;

(b) that the acceptance of the statutory and legal functions relating to adoption services as set out in paragraph 8 of the Report, delegated by Cornwall Council to Devon County Council as the host authority be recommended to Council for adoption;

(c) that the Director of Children and Young People’s Futures, the Director of Finance and Public Value, and the Director of Legal and Democratic Services be given delegated authority to finalise and agree a revised Inter Authority Agreement for the purposes of adding Cornwall Council to the existing shared service and updating the financial model as set out in section 7 of the Report; and

(d) that the transfer of staff under TUPE regulations from Cornwall Council to Devon County Council be approved and the Director of Children and Young People’s Futures and the Director of People and Culture be given delegated authority to complete all necessary actions required to support the expansion of the adoption services by the Regional Adoption Agency to the administrative area of Cornwall Council and the Isles of Scilly.

The Leader of the Council MOVED and Councillor Leadbetter SECONDED that the recommendations of the Cabinet be approved and;

(a) that the proposal by Cornwall Council to become a full member of Adopt South West Regional Adoption Agency, hosted by Devon County Council, from 1 April 2024, be approved;

(b) that the acceptance of the statutory and legal functions relating to adoption services as set out in paragraph 8 of the Report, delegated by Cornwall Council to Devon County Council as the host authority be approved for adoption;

(c) that the Director of Children and Young People’s Futures, the Director of Finance and Public Value, and the Director of Legal and Democratic Services be given delegated authority to finalise and agree a revised Inter Authority Agreement for the purposes of adding Cornwall Council to the existing shared service and updating the financial model as set out in section 7 of the Report; and

(d) that the transfer of staff under TUPE regulations from Cornwall Council to Devon County Council be approved and the Director of Children and Young People’s Futures and the Director of People and Culture be given delegated authority to complete all necessary actions required to support the expansion of the adoption services by the Regional Adoption Agency to the administrative area of Cornwall Council and the Isles of Scilly.

The Motion was put to the vote and declared CARRIED.

The Council considered the recommendations of the Cabinet (minute 414 referred) and the Report of the Interim Head of Adopt South West (CS/23/17) on the proposal to integrate Cornwall into Adopt South West.

The Leader of the Council MOVED and Councillor Leadbetter SECONDED that the recommendations of the Cabinet be approved and;

(a) that the proposal by Cornwall Council to become a full member of Adopt South West Regional Adoption Agency, hosted by Devon County Council, from 1 April 2024, be approved;

(b) that the acceptance of the statutory and legal functions relating to adoption services as set out in paragraph 8 of the Report, delegated by Cornwall Council to Devon County Council as the host authority be approved for adoption;

(c) that the Director of Children and Young People’s Futures, the Director of Finance and Public Value, and the Director of Legal and Democratic Services be given delegated authority to finalise and agree a revised Inter Authority Agreement for the purposes of adding Cornwall Council to the existing shared service and updating the financial model as set out in section 7 of the Report; and

(d) that the transfer of staff under TUPE regulations from Cornwall Council to Devon County Council be approved and the Director of Children and Young People’s Futures and the Director of People and Culture be given delegated authority to complete all necessary actions required to support the expansion of the adoption services by the Regional Adoption Agency to the administrative area of Cornwall Council and the Isles of Scilly.

The Motion was put to the vote and declared CARRIED.

Report of the Head of Economy, Enterprise and Skills (EES/23/2) seeking approval, in accordance with the Heart of the South West Joint Committee (HotSW JC) inter-authority agreement, to give notice of intention to withdraw from the HotSW JC and propose to the HotSW JC that the Joint Committee be dissolved.

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being a Member of the Joint Committee (appointed by Exmoor National Park Authority) and withdrew from the meeting during its consideration).

The Leader of the Council then MOVED and Councillor Gilbert SECONDED that in accordance with the Heart of the South West Joint Committee (HotSW JC) inter-authority agreement, the Council gives notice of its intention to withdraw from the HotSW JC and proposes to the HotSW JC that the Joint Committee be dissolved.

The MOTION was put to the vote and declared CARRIED.

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being a Member of the Joint Committee (appointed by Exmoor National Park Authority) and withdrew from the meeting during its consideration).

The Council considered the Report of the Head of Economy, Enterprise and Skills (EES/23/2) which sought approval, in accordance with the Heart of the South West Joint Committee (HotSW JC) inter-authority agreement, to give notice of intention to withdraw from the HotSW JC and propose to the HotSW JC that the Joint Committee be dissolved.

The proposed devolution deal, the forthcoming integration of the HotSW LEP into local authorities, together with other changes in Government policy meant that the purposes of the HotSW JC had largely been superseded and other partnership arrangements between the Constituent Authorities were, or would, deliver the same aims.

The Leader of the Council then MOVED and Councillor Gilbert SECONDED that in accordance with the Heart of the South West Joint Committee (HotSW JC) inter-authority agreement, the Council gives notice of its intention to withdraw from the HotSW JC and proposes to the HotSW JC that the Joint Committee be dissolved.

The MOTION was put to the vote and declared CARRIED.

To consider reports from Cabinet Members.

(Councillor Randall Johnson declared a personal interest in this matter by virtue of being Chair of Careers South West and left the room whilst the Report from the Cabinet Member for Economic Recovery and Skills took place)

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)      Policy, Corporate and Asset Management

Councillor Hart commented, as requested by Councillor Hannaford, on the new Devon and Torbay Devolution Deal.  He also circulated a Report, responding to Councillor Atkinson on gender and equality matters relating to any proposed devolved authority. The Report highlighted that the proposed CCA and devolution deal would be subject to an equality impact assessment which the Council would need to take into account alongside the findings from the consultation before making any final decision to submit the proposal to Government.

The Leader responded to further questions on gender representation, housing delivery, governance arrangements, consultation for the Devolution process, role in transport matters, costs of set up and any lessons learned from the Heart of the SW Committee.

(b)      SEND Improvement Services

Councillor Samuel circulated a Report, as requested by Councillor Letch, on the SEND overspend on specific dates and plans for reducing and clearing the overspend by March 2026. This also outlined that the Department for Education had invited Devon into discussions for tranche 4 of the Safety Valve Intervention programme, the aim being to agree a package of reform to improve the performance of the high needs system whilst bringing DSG deficit under control.

She was further asked to Report, by Councillor Bailey, on Local Government Ombudsman decisions relating to SEND provision in 2023, highlighting that there had been 37 LGSCO complaints received in 2023-24 to date, and the table detailed which services they related to. The Report also highlighted the numbers in terms of outcomes of cases.

She responded to other questions on lessons learned from times when savings had been made, the process for alerting Members to Ombudsman complaints, the references to SEN in the Youth Justice Plan and the Safety report that had been published for the forthcoming Cabinet meeting.

(c)      Children’s Services and Schools

Councillor Leadbetter circulated a Report, as requested by Councillor Hannaford on the RACC concrete position in Devon Schools. The Report highlighted that of 164 DCC Maintained Schools at the beginning of the investigation process, it was down to a small number of schools which were due further invasive surveys in the coming weeks, and these were listed in the Report.

The expectation was that no RAAC would be found based on initial surveys, but a resolution was expected before the Christmas break.

He further reported on delays in convening statutory meetings in relation to former district councillor John Humphreys, as requested by Councillor Bailey.

The Cabinet Member also responded to questions on educational disruption, DBS checks and asbestos checks and reporting.

(d)      Finance

Councillor Twiss circulated a Report, as requested by Councillor Biederman, on  ...  view the full minutes text for item 242.

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

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.

Appeals Committee - 4 September, 9 October and 6 November 2023

Development Management Committee - 6 September 2023

Investment & Pension Fund Committee - 15 September and 24 November 2023

Audit Committee - 25 September 2023

Procedures Committee - 26 September and 23 November 2023

(including the following Minute numbers and the associated amendments to the Constitution)

 Minute 37 – Revised Financial Regulations

 Minute 38 – Policy Framework Amendments

 Minute 39 – Revised Definition of Cabinet Key Decision

 Minute 40 – Public Participation.

 Minute 42 – relating to the boundary between the County’s Tiverton East Electoral Division and the Willand and Uffculme Electoral Division.

 Minute 46 – Think Local Member Protocol

 Minute 47 – Scrutiny Procedure Rules – 4d

Appointments, Remuneration and Chief Office Conduct Committee - 6 November 2023 (The Council endorsed minute 82 to not appoint to the post of Deputy Director of Children's Services (Education & Schools) at this stage).

Public Rights of Way Committee - 23 November 2023

Children’s Scrutiny - 19 September & 14 November 2023

Health & Adult Care Scrutiny - 21 September & 9 November 2023

Corporate Infrastructure & Regulatory - 28 September & 16 November Services Scrutiny 2023

The Motion was put to the vote and declared CARRIED.

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.

Appeals Committee                                -         4 September, 9 October and 6

November 2023

Development Management Committee   -         6 September 2023

Investment & Pension Fund Committee  -         15 September and 24

November 2023

Audit Committee                                    -         25 September 2023

Procedures Committee                           -         26 September and 23

November 2023

(including the following Minute numbers and the associated amendments to the Constitution)

·       Minute 37 – Revised Financial Regulations

·       Minute 38 – Policy Framework Amendments

·       Minute 39 – Revised Definition of Cabinet Key Decision

·       Minute 40 – Public Participation.

·       Minute 42 – relating to the boundary between the County’s Tiverton East Electoral Division and the Willand and Uffculme Electoral Division.

·       Minute 46 – Think Local Member Protocol

·       Minute 47 – Scrutiny Procedure Rules – 4d

Appointments, Remuneration and

Chief Office Conduct Committee             -         6 November 2023

(The Council endorsed minute 82 to not appoint to the post of Deputy Director of Children's Services (Education & Schools) at this stage).

Public Rights of Way Committee             -         23 November 2023

Children’s Scrutiny                                 -         19 September & 14 November

2023

Health & Adult Care Scrutiny                  -         21 September & 9 November

2023

Corporate Infrastructure & Regulatory     -         28 September & 16 November

Services Scrutiny                                              2023

The Motion was put to the vote and declared CARRIED.

Councillor Dewhirst to move:

Council condemns the awful terrorist attacks carried out by Hamas in Israel on 7th October.

Council is horrified by the scenes of violence in relation to all individuals who reside in the area in the weeks and days since, in particular the devastating humanitarian situation and the potential effect on the residents of Devon.

Council supports the implementation of international law, which means targeting terrorists, not civilians, and ensuring that innocent citizens do not pay the price.

Council expresses its concern at the UK Government’s failure to attempt to ensure that the Israeli government and its military adhere to the requirements of international law and the UK Government’s refusal to publish legal advice it has received in relation to the conflict.

Council further calls for the international community to revisit UN Resolution 242, supporting a long term, peaceful, two-state solution for both Israel and Palestine.

Council also believes:

·       Essential supplies of aid, water, food, medicine and electricity must continue to be provided to Gaza.

·       The UK Government must, with others, work for a lasting ceasefire to:

o   A - Facilitate the delivery of humanitarian aid into Gaza, and

o   B - Allow for an intensive period of diplomacy to realise a political solution, aimed at achieving two states and a lasting peace.

Council accordingly resolves to:

·       Ask the UK Government to work towards a lasting ceasefire.

·       Note with deep concern the severe reverberations of this crisis in the UK, with Jewish, Muslim and Palestinian communities all fearing and grieving, and condemns the rise in antisemitism and Islamophobia since 7^th October. This could have the potential to affect our communities in Devon.

·       Thank community leaders for the role they are playing in reducing tensions at this sensitive and difficult time.

·       Call upon community leaders and public figures to act responsibly and work to bring communities together at this sensitive time.

·       Recognise the role Devon & Cornwall Police are playing at the current time in supporting communities in Devon.

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

Councillor Dewhirst MOVED and Councillor Connett SECONDED that in accordance with Standing Order 6(6), the Notice of Motion submitted by Councillor Dewhirst be considered at this meeting.

The Motion was put to the vote and declared LOST.

Councillor Dewhirst then MOVED and Councillor Connett SECONDED

Council condemns the awful terrorist attacks carried out by Hamas in Israel on 7th October.

Council is horrified by the scenes of violence in relation to all individuals who reside in the area in the weeks and days since, in particular the devastating humanitarian situation and the potential effect on the residents of Devon.

Council supports the implementation of international law, which means targeting terrorists, not civilians, and ensuring that innocent citizens do not pay the price.

Council expresses its concern at the UK Government’s failure to attempt to ensure that the Israeli government and its military adhere to the requirements of international law and the UK Government’s refusal to publish legal advice it has received in relation to the conflict.

Council further calls for the international community to revisit UN Resolution 242, supporting a long term, peaceful, two-state solution for both Israel and Palestine.

Council also believes:

·       Essential supplies of aid, water, food, medicine and electricity must continue to be provided to Gaza.

·       The UK Government must, with others, work for a lasting ceasefire to:

o   A - Facilitate the delivery of humanitarian aid into Gaza, and

o   B - Allow for an intensive period of diplomacy to realise a political solution, aimed at achieving two states and a lasting peace.

Council accordingly resolves to:

·       Ask the UK Government to work towards a lasting ceasefire.

·       Note with deep concern the severe reverberations of this crisis in the UK, with Jewish, Muslim and Palestinian communities all fearing and grieving, and condemns the rise in antisemitism and Islamophobia since 7^th October. This could have the potential to affect our communities in Devon.

·       Thank community leaders for the role they are playing in reducing tensions at this sensitive and difficult time.

·       Call upon community leaders and public figures to act responsibly and work to bring communities together at this sensitive time.

·       Recognise the role Devon & Cornwall Police are playing at the current time in supporting communities in Devon.

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

Councillor Adams to move:

The bankruptcy of Birmingham City Council was partly attributed to “dramatic reductions in business rates income” - an issue facing all councils across the UK, to the tune of £250 million a year. The unethical “Box Shifting” practice is a loophole that allows businesses to avoid paying business rates. Closing this loophole will allow local authorities to put back these business rates in their own pockets.

Key?information:?? 

• Box shifting involves landlords placing boxes in vacant commercial properties for a six-week period to trigger a three- or six-month rates-free period.?Annually, this costs councils around £250 million?(Local Government Association Survey, 2019)?? 
• This cycle is?often?repeated, resulting in?local councils losing over two-thirds of their empty rates?incomes, and properties remain empty for months on end.. 
• Some landlords put a broadband box, an empty fish?tank, or even snail farms in the property to trigger rates?avoidance. 

This Council pledges to:

Send a letter to the Chancellor of the Exchequer to propose extending the occupation period for business rates exemption from six weeks to six months to tackle the unethical practice of “Box Shifting”.” This follows the example of the Welsh and Scottish governments, who have already introduced legislation to tackle the issue.??

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

Councillor Adams MOVED and Councillor Atkinson SECONDED

The bankruptcy of Birmingham City Council was partly attributed to “dramatic reductions in business rates income” - an issue facing all councils across the UK, to the tune of £250 million a year. The unethical “Box Shifting” practice is a loophole that allows businesses to avoid paying business rates. Closing this loophole will allow local authorities to put back these business rates in their own pockets.

Key?information:?? 

• Box shifting involves landlords placing boxes in vacant commercial properties for a six-week period to trigger a three- or six-month rates-free period.?Annually, this costs councils around £250 million?(Local Government Association Survey, 2019)?? 
• This cycle is?often?repeated, resulting in?local councils losing over two-thirds of their empty rates?incomes, and properties remain empty for months on end.. 
• Some landlords put a broadband box, an empty fish?tank, or even snail farms in the property to trigger rates?avoidance. 

This Council pledges to:

Send a letter to the Chancellor of the Exchequer to propose extending the occupation period for business rates exemption from six weeks to six months to tackle the unethical practice of “Box Shifting”.” This follows the example of the Welsh and Scottish governments, who have already introduced legislation to tackle the issue.??

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

Councillor Bailey to move:

This Council notes that there has been a concerningly high number of Local Government and Social Care Ombudsman (LGSCO) findings against Devon County Council relating to Special Educational Needs provision this year, with 26 complaints being upheld against DCC (15 of these have been since June alone).

This Council believes that it is important that each of its three main Scrutiny Committees are furnished with complete information to enable them effectively to scrutinize the various services of Devon County Council and that each committee agenda should include a standing item provided by DCC officers on any LGSCO findings.

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

Councillor Bailey MOVED and Councillor Biederman SECONDED

This Council notes that there has been a concerningly high number of Local Government and Social Care Ombudsman (LGSCO) findings against Devon County Council relating to Special Educational Needs provision this year, with 26 complaints being upheld against DCC (15 of these have been since June alone).

This Council believes that it is important that each of its three main Scrutiny Committees are furnished with complete information to enable them effectively to scrutinize the various services of Devon County Council and that each committee agenda should include a standing item provided by DCC officers on any LGSCO findings.

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

Councillor Atkinson to move:

Hospiscare which provides humane respectful end of life care and management costs almost 10M a year to run with just 18% of that funded by the ICB. This is well below the national average of 37% other hospices receive.

Despite ongoing discussions with the ICB they have refused to provide additional funding, and this means they will be forced to close or reduce services to meet a £2.5 million funding gap.

Without Hospiscare, its patients will need to be treated in an acute hospital setting where they will be a further demand on the NHS system and cost the NHS additional millions in direct care.

Motion

·       DCC Believes that hospices are a better place than acute hospitals for people to receive palliative care  when  dying  when no other medical treatment beyond pain relief is appropriate.

·       DCC supports Hospiscare’ s fight for fairer funding from Devon Integrated Care board and agrees to write to the ICB to ask them to meet the funding gaps so services can be maintained.

·       DCC will write to the ICB, NHS England ministers and local MPS to urge them to support Hospiscare’s request for funding.

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

The Chair exercised his discretion to vary the order the business and take item 16 at the end of the meeting.

Councillor Atkinson MOVED and Councillor Whitton SECONDED

Hospiscare which provides humane respectful  end of life care and management costs almost 10M a year to run with just 18% of that funded by the ICB. This is well below the national average of 37% other hospices receive.

Despite ongoing discussions with the ICB they have refused to provide additional funding, and this means they will be forced to close or reduce services to meet a £2.5 million funding gap.

Without Hospiscare, its patients will need to be treated in an acute hospital setting where they will be a further demand on the NHS system and cost the NHS additional millions in direct care.

Motion

·       DCC Believes that hospices are a better place than acute hospitals for people  to receive palliative care  when  dying  when no other medical treatment beyond pain relief is appropriate.

·       DCC supports Hospiscare’ s fight for fairer funding from Devon Integrated Care board and agrees to write to the ICB to ask them to meet the funding gaps so services can be maintained.

·       DCC will write to the ICB, NHS England ministers and local MPS to urge them to support Hospiscare’s request for funding.

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

Councillor Atkinson to move:

“Devon is proud to offer refugees sanctuary and proud of the of all communities in Devon. Devon County Council stands in solidarity with all those affected by the recent events in Israel and Gaza.

The extreme humanitarian emergency in Gaza, following the 7 October attacks on Israel have both been shocking for us all to see. The situation has had a deep impact on our communities in Exeter.

Devon County Council denounces hate crime in the strongest terms and community cohesion remains a priority for this local authority. It is important that we do not allow these tragic events to divide our communities here in the Devon.

The rise in Antisemitism and Islamophobia across the UK is unacceptable, and Devon County Council will continue to work with all of our communities in Devon to ensure residents feel safe and free from hate.

The Council supports the humanitarian work being done in Gaza and the middle east and encourages residents to donate to organisations raising funds for those in need”

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

Councillor Atkinson MOVED and Councillor Whitton SECONDED that in accordance with Standing Order 6(6), the Notice of Motion submitted by Councillor Atkinson be considered at this meeting.

The Motion was put to the vote and declared LOST.

Councillor Atkinson then MOVED and Councillor Whitton SECONDED

“Devon is proud to offer refugees sanctuary and proud of the of all communities in Devon. Devon County Council stands in solidarity with all those affected by the recent events in Israel and Gaza.

The extreme humanitarian emergency in Gaza, following the 7 October attacks on Israel have both been shocking for us all to see. The situation has had a deep impact on our communities in Exeter.

Devon County Council denounces hate crime in the strongest terms and community cohesion remains a priority for this local authority. It is important that we do not allow these tragic events to divide our communities here in the Devon.

The rise in Antisemitism and Islamophobia across the UK is unacceptable, and Devon County Council will continue to work with all of our communities in Devon to ensure residents feel safe and free from hate.

The Council supports the humanitarian work being done in Gaza and the middle east and encourages residents to donate to organisations raising funds for those in need”

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

Councillor Atkinson to move:

The Chancellor’s Autumn statement has set the country on course for a “more painful” austerity drive after the next general election  after more than a decade of austerity starting under David Cameron and George Osborne.

The £20bn package of tax cuts is almost entirely funded by swingeing real-terms reductions to public spending planned from 2025 when it may not even be in government according to the IFS.

It is estimated that the NHS receives 20% of its funding from National Insurance.

The plans to cut National Insurance means that some funding for social care and the NHS will have to come from other budgets or general taxation

This implied a 1.8% cut for unprotected budgets each year from 2024-25 to 2028-29 – including for prisons, the courts system, local government and further education.

After taking into account funding settlements for Scotland, Wales and Northern Ireland,  the plans imply cuts of 3.4% in England.

This Council has had more than 50% of its budget cut since 2010 and is already again planning to cut services to bring in a legally balanced budget for 2024-5.

Economists doubt efficiency gains on such a scale can be achieved.  Councils all around us and throughout the country are on the verge of bankruptcy and the County Council is having to make hard choices to cut funding and services to maintain a balanced budget.

This Council resolves:

1.    To write to the government to ask them to make no real time cuts to Local Government until it has undertaken a spending review.

2.    Seek the support of the LGA to oppose the Chancellor’s budget for Local Government

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

Councillor Atkinson MOVED and Councillor Asvachin SECONDED

The Chancellor’s Autumn statement has set the country on course for a “more painful” austerity drive after the next general election  after more than a decade of austerity starting under David Cameron and George Osborne.

The £20bn package of tax cuts is almost entirely funded by swingeing real-terms reductions to public spending planned from 2025 when it may not even be in government according to the IFS.

It is estimated that the NHS receives 20% of its funding from National Insurance.

The plans to cut National Insurance means that some funding for social care and the NHS will have to come from other budgets or general taxation

This implied a 1.8% cut for unprotected budgets each year from 2024-25 to 2028-29 – including for prisons, the courts system, local government and further education.

After taking into account funding settlements for Scotland, Wales and Northern Ireland,  the plans imply cuts of 3.4% in England.

This Council has had more than 50% of its budget cut since 2010 and is already again planning to cut services to bring in a legally balanced budget for 2024-5.

Economists doubt efficiency gains on such a scale can be achieved.  Councils all around us and throughout the country are on the verge of bankruptcy and the County Council is having to make hard choices to cut funding and services to maintain a balanced budget.

This Council resolves:

1.    To write to the government to ask them to make no real time cuts to Local Government until it has undertaken a spending review.

2.    Seek the support of the LGA to oppose the Chancellor’s budget for Local Government.

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

Councillor Leaver to move:

This Council condemns repeated sewage outfalls across the county and Devon's Conservative MPs votes to allow South West Water to continue to pollute our rivers and beaches. 

Council notes that the ongoing problem of poor water quality in Devon impacts on our local communities, economies and environment across the county.

Council believes that this issue goes beyond party politics, and resolves to write a letter from all DCC Group Leaders to Devon MPs and South West Water demanding urgent investment to clean up our water and funding for this to be prioritised over payment of dividends to shareholders and Directors' salaries.

(Councillor John Hart declared a Disclosable Pecuniary Interest in this matter by virtue of being in negotiations with South West Water and withdrew from the meeting during its consideration).

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

(Councillor John Hart declared a Disclosable Pecuniary Interest in this matter by virtue of being in negotiations with South West Water and withdrew from the meeting during its consideration).

Councillor Brazil MOVED and Councillor Dewhirst SECONDED (the motion in the name of Councillor Leaver)

This Council condemns repeated sewage outfalls across the county and Devon's Conservative MPs votes to allow South West Water to continue to pollute our rivers and beaches. 

Council notes that the ongoing problem of poor water quality in Devon impacts on our local communities, economies and environment across the county.

Council believes that this issue goes beyond party politics, and resolves to write a letter from all DCC Group Leaders to Devon MPs and South West Water demanding urgent investment to clean up our water and funding for this to be prioritised over payment of dividends to shareholders and Directors' salaries.

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