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Agenda, decisions and minutes

Venue: Council Chamber - County Hall

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

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Media

Items
No. Item

133.

Minutes

To approve as a correct record and sign the minutes of the meeting held on 21 July 2022.

 

 

Additional documents:

Decision:

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 21 July 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 21 July 2022 be signed as a correct record.

 

The Motion was put to the vote and declared CARRIED.

134.

Announcements

Additional documents:

Minutes:

The Chair of the Council extended a warm welcome back to Jan Spicer, who had agreed to become the Council’s interim Chief Executive for the next few months.

 

He then reported on the recent inspection by Ofsted of the Atkinson Unit. The overall judgement was a ‘Good’ rating which was excellent news. The rating was based on the overall experiences and progress of children and young people, taking into account Children’s education and learning, Children’s health, how well children and young people were helped and protected and the effectiveness of leaders and managers.

 

The outcome reported was that the secure children’s home provided effective services that met the requirements for a ‘good’ rating.

 

The Chair highlighted that the Council had several finalist nominations at the Social Worker of the Year Awards – due to take place on the 4th November.

 

The nominations were as follows;

 

·         Tom Woodd (DCC and Devon Partnership NHS Trust) - Team Leader of the Year award for Adult Services

·         Lucy Hunt - Team Leader of the Year award for Adult Services.

·         Charlotte Elliot - Supporting Children in Education Award

·         Sarah Bright (nee Asprey) - Mental Health Social Worker of the Year award; and

·         Natasha Round - Student Social Worker of the Year

 

The Chair congratulated the achievement of these individuals and wished them every success at the awards event in November.

 

He also thanked all the staff who had led the response to Operation London Bridge. He praised the speed of reaction with websites, books of condolence and the preparation involved in the proclamation event which ran seamlessly on Sunday 11th September.

 

He added that the team had worked tirelessly with representation from the Lord Lieutenants Office, emergency planning teams, health and safety, business support, facilities management, communications and media team, democratic services, highways, human resources, Norse and also the security personnel, led and supported by Matthew Jones – Head of Digital transformation and Business Support.

 

He also reminded the Council that on the 10th October 2022, it was World Mental Health Day. He added that making time for mental wellbeing and self-care was important and highlighted some of the resources that were available.

135.

Items Requiring Urgent Attention

Additional documents:

Minutes:

There was no item raised as a matter of urgency.

 

136.

Public Participation: Petitions, Questions and Representations pdf icon PDF 96 KB

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

Additional documents:

Minutes:

There was no petition received from a member of the public.

 

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;  

 

1.    Mural painted on cycle track which had been painted over and fenced off and whether content was considered political and / or controversial.

 

The Cabinet Member said he would respond to the questioner in writing in response to her supplementary question.

 

There were no oral representations by any member of the public.

 

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

137.

Petitions from Members of the Council

Additional documents:

Minutes:

The Leader was presented by Councillor Wrigley on behalf of local residents of Stockton Hill in Dawlish, with a petition containing between 100 and 200 signatures seeking parking restrictions (which had been submitted last year and rejected, and was now being re-submitted, with the petition in support).

 

[NB: The relevant Head of Service 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].

138.

Questions from Members of the Council pdf icon PDF 170 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 provided written responses to nine questions submitted by Members of the Council relating to

 

(1)  numbers of second homes in Devon (excluding Torbay and Plymouth), by local authority area;

(2)  number of homes that had switched to business rates in Devon (excluding Torbay and Plymouth), by local authority area;

(3)  cost of maintaining the County Hall site each year, including taxes, charges and business rates over the past five years;

(4)  action being taken (and timescales), in the light of the revised Highway Code of January 2022 and its emphasis on pedestrian rights and priorities;

(5)  whether 20mph Road Traffic Orders in the County were legal and in order;

(6)  Littlehempston and Totnes cycleway / pedestrian route being included in plans for capital funding, given increases in cyclists using the main road, and the need to find alternative safe provision;

(7)  how the Council would ensure that the public could reduce their car use for local journeys;

(8)  publication of the Devon Carbon Plan and Council policies being aligned to ensure compliance and support for the implementation of the plan; and

(9)  consultation on plans to borrow up to £15M of Treasury monies towards the South Devon Freeport proposals.

 

The Leader and relevant Cabinet Members 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)

139.

Update on Race Equality Progress pdf icon PDF 114 KB

To receive and endorse the Report giving an update on Race Equality Progress, as recommended by Cabinet (26 September 2022) (Minute 208 refers as replicated below).

 

            (a) that the progress on race equality made throughout 2022 be noted;

 

(b) that the planned next steps to further advance race equality and commit to a ‘zero tolerance’ approach to racism be supported; and

 

(c) that attendance at the elected Member Masterclass on Equality, Diversity and Inclusion ‘Legal and Moral Duties’ on 23rd November 2022 be encouraged.

 

The Report is attached.

Additional documents:

Decision:

The Leader of the Council MOVED and Councillor Croad SECONDED that the recommendations of the Cabinet (Minute 208 referred) be endorsed.

 

Councillor Connett then MOVED and Councillor Wrigley SECONDED that the motion be amended to include repeating the training event and that attendance at this and subsequent training be required, as outlined below.

 

(a) that the progress on race equality made throughout 2022 be noted;

 

(b) that the planned next steps to further advance race equality and commit to a ‘zero tolerance’ approach to racism be supported; and

 

(c) that attendance at the elected Member Masterclass on Equality, Diversity and Inclusion ‘Legal and Moral Duties’ on 23rd November 2022 (session to be repeated) and subsequent events be required. encouraged.

 

The Leader accepted the amendment and the Motion was put to the vote and declared CARRIED.

Minutes:

The Council considered the recommendations of the Cabinet from the meeting held on 26 September 2022 (Minute 208 referred) relating to the update on Race Equality Progress.

 

The Leader of the Council MOVED and Councillor Croad SECONDED that the recommendations of the Cabinet (Minute 208 referred) be endorsed.

 

Councillor Connett then MOVED and Councillor Wrigley SECONDED that the motion be amended to include repeating the training event and that attendance at this and subsequent training be required, as outlined below.

 

(a) that the progress on race equality made throughout 2022 be noted;

 

(b) that the planned next steps to further advance race equality and commit to a ‘zero tolerance’ approach to racism be supported; and

 

(c) that attendance at the elected Member Masterclass on Equality, Diversity and Inclusion ‘Legal and Moral Duties’ on 23rd November 2022 (session to be repeated) and subsequent events be required. encouraged.

 

The Leader accepted the amendment and the Motion was put to the vote and declared CARRIED.

140.

Cabinet Member Reports

To consider reports from Cabinet Members.

Additional documents:

Minutes:

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 implications, risks, and opportunities to Devon County Council regarding the government's recent new budgetary measures.

 

He outlined the key measures contained within the Budget.

 

The Leader also responded to further questions on the Council’s budget position and adult social care funding in light of the changes to national insurance.

 

 

(b)       Economic Recovery and Skills

 

Councillor Gilbert commented on the request of Councillor Atkinson, to report on Government policy on tax cuts, support for those in poverty and evidence that tax cuts lead to increased investments and productivity in Devon stating that he was not in a position to update the Council on national Government economic policy.

 

He further reported, as requested, on the new thirty-eight investment zones and further representations to Government on securing new and innovative ways to level up local communities as well as the current liaison work with District Council’s.

 

 

(b)       Climate Change, Environment and Transport

 

Councillor Davis reported verbally, as requested by Councillor Hannaford and gave an update on the forthcoming Transport Commissioners public enquiry about Devon’s failing bus services as well as an update on the bus improvement plan.

 

She commented that the Public Inquiry had been reconvened for 27th October 2022 and the Council had been asked to provide a number of documents in response.  She also confirmed she would be attending the Inquiry and would report back following proceedings, as appropriate, noting that the Traffic Commissioner might not make any decisions on the day.

 

In relation to the bus improvement plan, she added that the indicative funding award of £14.1m would be paid on completion of the Enhanced Partnership with bus operators process, which was expected within a couple of weeks, with the first Enhanced Partnership Board meeting scheduled for early November.

141.

Minutes pdf icon PDF 133 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.

 

Development Management Committee    -           27 July & 21 September 2022

Appeals Committee                                     -           5 September 2022

Procedures Committee                               -           20 September 2022

(including approval of Minute 26 and the proposed amendment to Standing Orders relating to a second / casting vote with regard to election of Chair)

Audit Committee                                           -           27 September 2022

Investment & Pension Fund Committee  -           4 October 2022

 

Children’s Scrutiny                                      -           6 September 2022

Corporate Infrastructure & Regulatory     -           22 September 2022

Services Scrutiny

Health & Adult Care Scrutiny                     -           28 September 2022

 

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.

 

Development Management Committee    -           27 July & 21 September 2022

Appeals Committee                                     -           5 September 2022

Procedures Committee                               -           20 September 2022

(including approval of Minute 26 and the proposed amendment to Standing Orders relating to a second / casting vote with regard to election of Chair)

Audit Committee                                           -           27 September 2022

Investment & Pension Fund Committee  -           4 October 2022

 

Children’s Scrutiny                                      -           6 September 2022

Corporate Infrastructure & Regulatory     -           22 September 2022

Services Scrutiny

Health & Adult Care Scrutiny                     -           28 September 2022

 

The Motion was put to the vote and declared CARRIED.

142.

Building on Devon County Council Owned Brown-field Land to provide Homes for Devon (Minute 130 - 21 July 2022)

To receive and consider the recommendations of the Cabinet (Minute 214(a)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Wrigley and referred thereto in accordance with Standing Order 8(2), namely; 

 

The Council notes:

 

      The world-wide concerns on the supply of food, in particular wheat following the war in Ukraine and climate change issues globally.

      The need for improved food security in the UK, encouraging more food production requiring grade 1 agricultural land including use in less intensive ways.

      The need for affordable homes, especially for health and social care workers set in sustainable locations.

      The change of work patterns of many Devon residents to have fewer days in an office setting and more days working from home in a hybrid model.

 

This Council commends:

 

The acquisition of 34 Hectares of Grade One agricultural land for county owned Markham’s Farm in 2009 with the express purpose to make the farm viable.

 

In the light of the need for thousands more affordable homes for Devon families, the lack of any form of homes to rent long-term in Devon, and to enable homes for incoming workers for health and social care provision this council resolves to:

 

1) Review the land assets held by the County Council with the aim of identifying opportunities to use brownfield sites for new rented affordable homes to generate long term and reliable revenue for the council.

 

2) Work with the District Councils and their registered provider partners as housing providers

 

3) Deliver a significant programme of homes for rent remaining in the ownership of Devon County Council providing a long-term revenue stream to reduce Council Tax requirements.

 

4) Withdraw the sites at Manor Farm, Markham’s Farm and other County Farms from local plan allocations for housing and preserve farm viability.

 

In the site review particular attention will be given to the Topsham Road County Hall site. This site is antiquated and in the wrong place for modern council operation. Office space and meeting space would be far more efficient in a modern working location such as alongside the council’s other offices in Sowton or in Marsh Barton – both out of the town centre but well connected by train, bus and by road.

 

The current County Hall site would be far more effective if it were re-modelled to become homes for rental, with a proportion reserved for NHS and social Care staff and many at social rent levels. This would provide much needed affordable homes and a rental income stream for the council. Turning a liability into a significant revenue generating asset.

 

Converting the existing office blocks and building new homes on the enormous supply of parking space would provide a highly desirable and green residential location with good connection to the RD&E hospital site and the city centre.

 

The hundreds of rented flats delivered would not only provide homes for local families, but also a long-term rental income for the Council that should exceed  ...  view the full agenda text for item 142.

Additional documents:

Decision:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council;

 

(a) note the number of affordable housing units across Devon which the Council’s land has enabled over the past five years;

 

(b) confirm that in the short to medium term (3-5 years) the Council does not have plans to dispose of County Hall;

 

(c) endorse the approach to review the use of DCC assets as part of the Council’s financial sustainability programme to identify opportunities for the provision of (in particular) DCC key worker accommodation;

 

(d) note the continuing work of the Devon Housing Task Force and DCCs involvement in this; and

 

(e) support the inclusion of strategic DCC farm land in relevant local plan allocations (including land at Markham’s and Manor Farm) as part of the Council’s work to support housing provision across the County whilst ensuring that farm holdings remain viable and where possible land is replenished (subject to financial resources being available) to maintain the Farms Estate at c10k acres.

 

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

Minutes:

Pursuant to County Council Minute 130 of 21 July 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Wrigley that: 

                       

The Council notes:

 

      The world-wide concerns on the supply of food, in particular wheat following the war in Ukraine and climate change issues globally.

      The need for improved food security in the UK, encouraging more food production requiring grade 1 agricultural land including use in less intensive ways.

      The need for affordable homes, especially for health and social care workers set in sustainable locations.

      The change of work patterns of many Devon residents to have fewer days in an office setting and more days working from home in a hybrid model.

 

This Council commends:

 

The acquisition of 34 Hectares of Grade One agricultural land for county owned Markham’s Farm in 2009 with the express purpose to make the farm viable.

 

In the light of the need for thousands more affordable homes for Devon families, the lack of any form of homes to rent long-term in Devon, and to enable homes for incoming workers for health and social care provision this council resolves to:

 

1) Review the land assets held by the County Council with the aim of identifying opportunities to use brownfield sites for new rented affordable homes to generate long term and reliable revenue for the council.

 

2) Work with the District Councils and their registered provider partners as housing providers

 

3) Deliver a significant programme of homes for rent remaining in the ownership of Devon County Council providing a long-term revenue stream to reduce Council Tax requirements.

 

4) Withdraw the sites at Manor Farm, Markham’s Farm and other County Farms from local plan allocations for housing and preserve farm viability.

 

In the site review particular attention will be given to the Topsham Road County Hall site. This site is antiquated and in the wrong place for modern council operation. Office space and meeting space would be far more efficient in a modern working location such as alongside the council’s other offices in Sowton or in Marsh Barton – both out of the town centre but well connected by train, bus and by road.

 

The current County Hall site would be far more effective if it were re-modelled to become homes for rental, with a proportion reserved for NHS and social Care staff and many at social rent levels. This would provide much needed affordable homes and a rental income stream for the council. Turning a liability into a significant revenue generating asset.

 

Converting the existing office blocks and building new homes on the enormous supply of parking space would provide a highly desirable and green residential location with good connection to the RD&E hospital site and the city centre.

 

The hundreds of rented flats delivered would not only provide homes for local families, but also a long-term rental income for the Council that should exceed the cost of out of town office  ...  view the full minutes text for item 142.

143.

Impact of Changes to Pension Age (made at short notice) on Women Born in the 1950s (Minute 131 - 21 July 2022)

To receive and consider the recommendations of the Cabinet (Minute 214(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 that:

 

      In the 1995 Pensions Act, the Government increased State Pension age for women from 60 to 65, with a further increase to 66 in the 2011 Pensions Act.

      The change was not properly communicated to 3.8m women born in the 1950s until 2012, giving some only one year’s notice of a six year increase in their anticipated retirement age. 67,000 of the affected women are in our own authority area.

      The Parliamentary and Health Service Ombudsman (PHSO) has found that the Department for Work and Pensions was guilty of maladministration in its handling of the State Pension Age increase for women born in the 1950s.

      The All Party Parliamentary Group on State Pension Inequality for Women has concluded that “the impact of DWP maladministration on 1950s-born women has been as devastating as it is widespread. The APPG believes that the case for category 6 injustice is overwhelming and clear. Women have had their emotional, physical, and mental circumstances totally obliterated by a lack of reasonable notice.”

      Research commissioned by campaign group WASPI has found that by the end of 2022, more than 220,000 1950s born women will have died waiting for justice since the WASPI campaign began in 2015.

      WASPI’s figures show that over the course of the two year COVID pandemic, 1 in 10 women who died was affected by these uncommunicated changes and lost both their state pension income and the opportunity to make alternative retirement plans.

      Despite the Ombudsman’s findings and the rapid death rate of those affected, the government is choosing to wait for further reports before taking any action.

 

Council believes this injustice has not only had a profound effect on the individuals involved but on the wider community in Devon and on local government, not least because:

 

      Women who would have looked after older relatives or partners are unable to afford to do so, with a knock-on impact on local social care

      Women who would have retired and engaged in caring responsibilities for grandchildren are having to continue working, increasing the childcare burden on the state locally

      Women who have been left in poverty are struggling to meet their housing costs, with a knock-on impact on local housing stock

      There is a broader impact on voluntary services of all kinds locally, which are missing out on able, active volunteers who would otherwise have been able to retire from full-time work as planned

      Our local economy is negatively affected by the reduced spending power and disposable income the uncommunicated State Pension Age changes has brough about among women born in the 1950s.

 

Council supports:

 

      The conclusion of the All Party Parliamentary Group on State Pension Inequality that women born in the  ...  view the full agenda text for item 143.

Additional documents:

Decision:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that the Leader of the Council writes to each of the Devon Members of Parliament and the Secretary of State for Work and Pensions supporting the July 2021 findings of the Parliamentary and Health Service Ombudsman; highlighting the impacts on women in Devon and urging the Government to offer compensation as a matter of urgency.        

 

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:

(All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on this matter by virtue of being in receipt of or affected by any changes to the state pension provision)

 

Pursuant to County Council Minute 131 of 21 July 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hannaford that: 

                       

Council notes that:

 

      In the 1995 Pensions Act, the Government increased State Pension age for women from 60 to 65, with a further increase to 66 in the 2011 Pensions Act.

      The change was not properly communicated to 3.8m women born in the 1950s until 2012, giving some only one year’s notice of a six year increase in their anticipated retirement age. 67,000 of the affected women are in our own authority area.

      The Parliamentary and Health Service Ombudsman (PHSO) has found that the Department for Work and Pensions was guilty of maladministration in its handling of the State Pension Age increase for women born in the 1950s.

      The All Party Parliamentary Group on State Pension Inequality for Women has concluded that “the impact of DWP maladministration on 1950s-born women has been as devastating as it is widespread. The APPG believes that the case for category 6 injustice is overwhelming and clear. Women have had their emotional, physical, and mental circumstances totally obliterated by a lack of reasonable notice.”

      Research commissioned by campaign group WASPI has found that by the end of 2022, more than 220,000 1950s born women will have died waiting for justice since the WASPI campaign began in 2015.

      WASPI’s figures show that over the course of the two year COVID pandemic, 1 in 10 women who died was affected by these uncommunicated changes and lost both their state pension income and the opportunity to make alternative retirement plans.

      Despite the Ombudsman’s findings and the rapid death rate of those affected, the government is choosing to wait for further reports before taking any action.

 

Council believes this injustice has not only had a profound effect on the individuals involved but on the wider community in Devon and on local government, not least because:

 

      Women who would have looked after older relatives or partners are unable to afford to do so, with a knock-on impact on local social care

      Women who would have retired and engaged in caring responsibilities for grandchildren are having to continue working, increasing the childcare burden on the state locally

      Women who have been left in poverty are struggling to meet their housing costs, with a knock-on impact on local housing stock

      There is a broader impact on voluntary services of all kinds locally, which are missing out on able, active volunteers who would otherwise have been able to retire from full-time work as planned

      Our local economy is negatively affected by the reduced spending power and disposable income the uncommunicated  ...  view the full minutes text for item 143.

144.

Sewage Discharges and Impacts on Wildlife and Public Health (Minute 132 - 21 July 2022)

To receive and consider the recommendations of the Cabinet (Minute 214(c)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Bailey and referred thereto in accordance with Standing Order 8(2), namely:

 

Sewage discharges not only harm wildlife but also pose a serious risk to public health as has been recently confirmed by Chief Medical Officer Professor Chris Whitty.

 

According to data from the Rivers Trust there were 12,436 sewage spills for a duration of 120,933 hours in Devon in 2021.

 

Sewage was discharged into the River Otter for 8457 hours in 2021. This

includes discharges at Fluxton for 723 hours and upstream at Honiton where sewage was discharged continually for 1974 hours from 16th January 2021 to 10th April 2021.

 

This Council considers sewage discharges and the associated harm to wildlife and public health totally unacceptable and agrees to write to South West Water to express its very great concern about the impact of sewage discharges on the rivers of Devon and to urge South West Water that this practice must cease urgently.

 

This Council also requests that the CEO Susan Davey, in recognition of the severity of the situation, considers not taking the whole of her current annual salary of £1.7 million until such time as a substantially improved situation is achieved.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/14)and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

That as reflected by the Notice of Motion, it is recommended that Council:

 

(a) recognises the unacceptable extent of storm overflow discharges into Devon’s watercourses and coastal waters and the huge public concern relating to these and the wider impacts of water pollution on public health and wildlife; and

 

(b) urges all those with a specific role, including South West Water, the Environment Agency, Ofwat and central government, to pursue relevant action to adequately address this problem.

 

Additional documents:

Decision:

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

 

Councillor McInnes MOVED and Councillor Hughes SECONDED that the Cabinet’s advice be accepted and that as reflected by the Notice of Motion Council;

 

(a) recognises the unacceptable extent of storm overflow discharges into Devon’s watercourses and coastal waters and the huge public concern relating to these and the wider impacts of water pollution on public health and wildlife; and

 

(b) urges all those with a specific role, including South West Water, the Environment Agency, Ofwat and central government, to pursue relevant action to adequately address this problem.

 

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

Minutes:

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

 

Pursuant to County Council Minute 132 of 21 July 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Bailey that: 

                       

Sewage discharges not only harm wildlife but also pose a serious risk to public health as has been recently confirmed by Chief Medical Officer Professor Chris Whitty.

 

According to data from the Rivers Trust there were 12,436 sewage spills for a duration of 120,933 hours in Devon in 2021.

 

Sewage was discharged into the River Otter for 8457 hours in 2021. This includes discharges at Fluxton for 723 hours and upstream at Honiton where sewage was discharged continually for 1974 hours from 16th January 2021 to 10th April 2021.

 

This Council considers sewage discharges and the associated harm to wildlife and public health totally unacceptable and agrees to write to South West Water to express its very great concern about the impact of sewage discharges on the rivers of Devon and to urge South West Water that this practice must cease urgently.

 

This Council also requests that the CEO Susan Davey, in recognition of the severity of the situation, considers not taking the whole of her current annual salary of £1.7 million until such time as a substantially improved situation is achieved.

 

and having had regard to the advice of the Cabinet set out in Minute 214(c) of 26 September 2022:

 

Councillor McInnes MOVED and Councillor Hughes SECONDED that the Cabinet’s advice be accepted and that as reflected by the Notice of Motion Council;

 

(a) recognises the unacceptable extent of storm overflow discharges into Devon’s watercourses and coastal waters and the huge public concern relating to these and the wider impacts of water pollution on public health and wildlife; and

 

(b) urges all those with a specific role, including South West Water, the Environment Agency, Ofwat and central government, to pursue relevant action to adequately address this problem.

 

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

145.

Bus Passes

Councillor Brazil to move:

 

‘Pensioners can travel free on buses after 9.30am. This council will introduce an enhanced bus pass which will allow those aged 80 and over or registered blind to travel free before 9.30am. A similar scheme is available in Plymouth’.

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 Wrigley MOVED (the Motion in the name of Councillor Brazil) and Councillor Leaver SECONDED

 

‘Pensioners can travel free on buses after 9.30am. This council will introduce an enhanced bus pass which will allow those aged 80 and over or registered blind to travel free before 9.30am. A similar scheme is available in Plymouth’.

 

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

146.

Housing White Paper

Councillor Atkinson to move:

 

Historically, the government’s answer to the housing shortage has been to broaden access to home ownership with schemes such as the discounted sale of council housing to sitting tenants. Effectively, this has provided each buyer with a subsidy of up to £100,000 via discount entitlement. The programme has contributed little to the supply of affordable housing in a locality yet its cost to local government is and has been colossal.

 

Because such costs have been incurred by means of accepting a below market price for a publicly owned asset rather than by direct government expenditure, the true cost of the scheme to the public purse has never been easily identifiable.  However, if the government wishes to pursue its recently declared intention to promote housing association right to buy sales this would change as the associations concerned would expect Treasury compensation for the value of discounts approved.

 

What has not been identified is where would this money for the extension of the right to buy to Housing Associations would come from.  It is worth noting that when this was last proposed in 2015 it was to come from the sale of high value council houses, which proved unworkable and the proposal was dropped.

 

This Council believes that the government should instead focus its policy on increasing the supply of affordable houses through measures such as the following first-time buyer assistance proposals and social housing development proposals:

 

1.         Mandating developers to include below-market price housing for sale (as well as affordable rental) in residential developments on the grounds that the discount is effectively financed by taxing land value

2.         Lowering both the income and wealth threshold for home ownership access, to the benefit of lower income households via the shared equity model (e.g. Help to Buy).

3.         Enabling development of for-sale housing offers by state agencies such as local authorities or housing associations as a means of providing dwellings that can be sold to qualifying applicants at cost price (i.e. no need to factor-in profit), while also expanding overall housing supply to the benefit of the wider market

4.         Provide a subsidy per dwelling to local authorities and housing associations to build houses for rent at social housing and affordable rents in areas where there is a waiting list for such properties and for those who do not qualify for the help to buy provisions in 2 & 3 above.

 

This Council resolves to propose the above measures to the Devon Housing Forum and to make representations supporting such recommendations to the government in response to the White Paper.

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 Whitton MOVED (the Motion in the name of Councillor Atkinson) and Councillor Twiss SECONDED

 

Historically, the government’s answer to the housing shortage has been to broaden access to home ownership with schemes such as the discounted sale of council housing to sitting tenants. Effectively, this has provided each buyer with a subsidy of up to £100,000 via discount entitlement. The programme has contributed little to the supply of affordable housing in a locality yet its cost to local government is and has been colossal.

 

Because such costs have been incurred by means of accepting a below market price for a publicly owned asset rather than by direct government expenditure, the true cost of the scheme to the public purse has never been easily identifiable.  However, if the government wishes to pursue its recently declared intention to promote housing association right to buy sales this would change as the associations concerned would expect Treasury compensation for the value of discounts approved.

 

What has not been identified is where would this money for the extension of the right to buy to Housing Associations would come from.  It is worth noting that when this was last proposed in 2015 it was to come from the sale of high value council houses, which proved unworkable and the proposal was dropped.

 

This Council believes that the government should instead focus its policy on increasing the supply of affordable houses through measures such as the following first-time buyer assistance proposals and social housing development proposals:

 

1.         Mandating developers to include below-market price housing for sale (as well as affordable rental) in residential developments on the grounds that the discount is effectively financed by taxing land value

2.         Lowering both the income and wealth threshold for home ownership access, to the benefit of lower income households via the shared equity model (e.g. Help to Buy).

3.         Enabling development of for-sale housing offers by state agencies such as local authorities or housing associations as a means of providing dwellings that can be sold to qualifying applicants at cost price (i.e. no need to factor-in profit), while also expanding overall housing supply to the benefit of the wider market

4.         Provide a subsidy per dwelling to local authorities and housing associations to build houses for rent at social housing and affordable rents in areas where there is a waiting list for such properties and for those who do not qualify for the help to buy provisions in 2 & 3 above.

 

This Council resolves to propose the above measures to the Devon Housing Forum and to make representations supporting such recommendations to the government in response to the White Paper.

 

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

147.

Funding for Local Government

Councillor Whitton to move:

 

This Council

 

·         Notes the National Audit Office figures show central Government funding for local authorities in England has been cut by 52.3 percent overall in real terms between 2010-11 and 2020-21; in Devon County Council it has been closer to 75%.

·         Believes the Government must address the financial challenges arising from this decade of underinvestment together with the additional financial pressures local authorities now face because of such factors as increasing fuel and staffing costs, increased social care referrals, high vacancy rates across frontline services and other challenges associated with covid-19, and loss of income.

·         Notes recent Local Government Association analysis that social care-providing authorities are spending more than 60 percent of their outgoings on these essential care services.

·         Believes we need locally led initiatives to improve equality, sustainability and resilience, including providing genuinely affordable, energy efficient homes, supporting socially necessary bus services, providing adult and child social care, support for older people, looked-after children, care leavers, people with disabilities or special educational needs, survivors of domestic violence and low-income families in crisis.

·         Believes the government must take action to ensure the financial stability of local government and its ability to plan, sustain and improve community and essential frontline services.

·         Believes the need for the government to address the financial pressures on local authorities and their ability to deliver frontline services is urgent and immediate.

 

This Council resolves

 

To call on the Government to develop a national funding strategy that will provide Devon and other local authorities with the funds required to protect and restore spending on social care, community and frontline services to sustainable levels and reset local economies in the autumn budget.

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 Whitton MOVED and Councillor Aves SECONDED

 

This Council

 

·         Notes the National Audit Office figures show central Government funding for local authorities in England has been cut by 52.3 percent overall in real terms between 2010-11 and 2020-21; in Devon County Council it has been closer to 75%.

·         Believes the Government must address the financial challenges arising from this decade of underinvestment together with the additional financial pressures local authorities now face because of such factors as increasing fuel and staffing costs, increased social care referrals, high vacancy rates across frontline services and other challenges associated with covid-19, and loss of income.

·         Notes recent Local Government Association analysis that social care-providing authorities are spending more than 60 percent of their outgoings on these essential care services.

·         Believes we need locally led initiatives to improve equality, sustainability and resilience, including providing genuinely affordable, energy efficient homes, supporting socially necessary bus services, providing adult and child social care, support for older people, looked-after children, care leavers, people with disabilities or special educational needs, survivors of domestic violence and low-income families in crisis.

·         Believes the government must take action to ensure the financial stability of local government and its ability to plan, sustain and improve community and essential frontline services.

·         Believes the need for the government to address the financial pressures on local authorities and their ability to deliver frontline services is urgent and immediate.

 

This Council resolves

 

To call on the Government to develop a national funding strategy that will provide Devon and other local authorities with the funds required to protect and restore spending on social care, community and frontline services to sustainable levels and reset local economies in the autumn budget.

 

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

148.

Second Homes and Council Tax Premium

Councillor Brazil to move:

 

This Council will adopt a 100% Council Tax premium on second homes as soon as legislation allows.

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 Wrigley MOVED (the Motion in the name of Councillor Brazil) and Councillor Leaver SECONDED

 

This Council will adopt a 100% Council Tax premium on second homes as soon as legislation allows.

 

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

149.

Pedestrian Priority in Highways Policies

Councillor Wrigley to move:

 

In January 2022 the new version of the Highway code reinforced the principles that pedestrians have higher priority than cars, as do cyclists and others.

 

In Devon County Highway discussions, too often the impression is given that car drivers have priority of consideration in the design of road layout, speeds and other considerations.

 

This Council asks for a systematic review and re-appraisal of priorities in Highways policies such that pedestrians are actively and always considered first, and vehicle traffic takes second place, in line with the new highway code. 

 

In particular this should be emphasised in the considerations of speed limits and restrictions, pedestrian crossings, parking restrictions and in consultation responses for planning of new developments. Consideration of pedestrians must include safety and the perception of safety from a pedestrian point of view.

 

Council asks for this review to be done within 6 months and to receive reports on changes required in currently applied policies or demonstration of how pedestrian considerations and experience is prioritised.

 

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 Wrigley MOVED and Councillor Leaver SECONDED

 

In January 2022 the new version of the Highway code reinforced the principles that pedestrians have higher priority than cars, as do cyclists and others.

 

In Devon County Highway discussions, too often the impression is given that car drivers have priority of consideration in the design of road layout, speeds and other considerations.

 

This Council asks for a systematic review and re-appraisal of priorities in Highways policies such that pedestrians are actively and always considered first, and vehicle traffic takes second place, in line with the new highway code. 

 

In particular this should be emphasised in the considerations of speed limits and restrictions, pedestrian crossings, parking restrictions and in consultation responses for planning of new developments. Consideration of pedestrians must include safety and the perception of safety from a pedestrian point of view.

 

Council asks for this review to be done within 6 months and to receive reports on changes required in currently applied policies or demonstration of how pedestrian considerations and experience is prioritised.

 

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

150.

Environmental Protections

Councillor Bailey to move:

 

This Council is strongly opposed to the reckless ripping up of environmental protections by the Conservative Government including the creation 38 new investment zones which have been described by the RSPB as “an attack on Nature”. This Council urges the Government to uphold the legal protections which are vital for wildlife particularly as the UK is one of the most nature depleted countries in the world (it is in the bottom 10% of the world’s countries well below China and the last among the G7 group of nations).

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 Bailey MOVED and Councillor Bradford SECONDED

 

This Council is strongly opposed to the reckless ripping up of environmental protections by the Conservative Government including the creation 38 new investment zones which have been described by the RSPB as “an attack on Nature”. This Council urges the Government to uphold the legal protections which are vital for wildlife particularly as the UK is one of the most nature depleted countries in the world (it is in the bottom 10% of the world’s countries well below China and the last among the G7 group of nations).

 

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

151.

Glyphosate Use on all Council Owned Land

Councillor Hodgson to move:

 

This Council will ban the use of the pesticide Glyphosate on all Council owned land from January 1st 2023.

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 Bradford SECONDED

 

This Council will ban the use of the pesticide Glyphosate on all Council owned land from January 1st 2023.

 

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


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