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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
Note No. Item

152.

Minutes

To approve as a correct record and sign the minutes of the meeting held on 6 October 2022.

 

 

Additional documents:

Decision:

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 6 October 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 6 October 2022 be signed as a correct record.

 

The Motion was put to the vote and declared CARRIED.

153.

Announcements

Additional documents:

Minutes:

The Chair of the Council congratulated Ana Barbosa Richards, Lianne Hewson and Jo Hooper who had all been nominated individually for the Diversity and Equality Award in the very first West Country Women Awards.

 

These awards recognised and celebrated the outstanding achievement of women from across the West Country region and their nomination for this category signified the recognition from peers for their outstanding contribution to equality and diversity within the Council.

 

Ana Barbosa Richards had been further selected as one of the six semi-finalists and then as one of the final three and then went on to win the equality and diversity category.

 

The Chair reflected back to the last Council meeting where he had updated on the finalist nominations for the social worker of the year awards (the Council having five such nominations). He added that the event had taken place on the 4th November and he congratulated Tom Woodd, Natasha Round, Lucy Hunt, Sarah Asprey and Charlotte Elliott for representing Devon.

 

Lucy had been the Gold Winner in the Team Leader of the Year, Adult Services. Tom, the Silver Winner in the same category and Charlotte Elliott in Children's Services was the Gold Winner in the Support Children in Education category.

 

The Chair reported that Devons Youth Justice Service had been rated as good by Government inspectors. Whilst the overall rating was ‘good’, they concluded that the Service was either ‘outstanding’ or ‘good’ in almost every category.  The full report could be found on the HM Inspectorate of Probation’s website.

 

The Dartmoor Line, between Okehampton and Exeter in Devon, had won a prestigious Showcase Award at a gala ceremony in Bristol on the 22 November. The scheme to reconnect communities celebrated a double success at the ICE South West Civil Engineering Awards 2022 as it also won the Community Award in recognition of outstanding community engagement and the benefits it brought to rural communities on Dartmoor.

 

Among the other award winners was a flooding solution in Sidmouth, which attracted the Judges’ Special Award. This Flood Alleviation Scheme also proved to be the public’s favourite, winning the South West People’s Choice Award, following an online vote earlier in the year this year.

 

The Chair paid tribute to those involved in organising the Equality and Diversity training session which had been thought provoking and supported Councillors in addressing issues and taking positive action to reduce racism, value diversity and challenge inequalities in Communities.

 

Last, the Chair welcomed Maria Price, Director of Legal and Democratic Services to her first meeting of the Council.

154.

Items Requiring Urgent Attention

Additional documents:

Minutes:

There was no item raised as a matter of urgency.

 

155.

Public Participation: Petitions, Questions and Representations pdf icon PDF 103 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:

 

·         immune impaired people and the effectiveness of Covid vaccines and the use of the drug Evusheld.

 

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

 

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

 

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

156.

Petitions from Members of the Council

Additional documents:

Minutes:

The Leader was presented by Councillor Hodgson, on behalf of Totnes Bridgetown residents’, with a petition seeking reinstatement of the Stagecoach bus service that was dropped in August. It had approximately 200 signatures.   

 

[NB: The relevant Head of Service would be asked to respond direct to the petitioner on the issues raised, within 15 days, in line with the Council’s Petition Scheme.

157.

Questions from Members of the Council pdf icon PDF 136 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 relevant Cabinet Members provided written responses to ten questions submitted by Members of the Council relating to the following matters:

 

·         Potential to introduce a new official traffic sign warning drivers to ignore their satnavs, as narrow and windy lanes ahead;

·         Outcome of the Traffic Commissioners report on Stagecoach and future improvements to services following the inquiry;

·         Children’s Centres, Action 4 Children and plans for Children’s Centres;

·         Independent investigation into former Councillor John Humphreys and publication dates;

·         Ambulance delays in the South West and urgent updates to the Health and Adult Care Scrutiny Committee;

·         A DCC briefing on the Autumn statement provides :

·         Investment zones, the new focus of the agenda and staff time and resources in working up the original proposals;

·         how Devon might follow the Wandsworth example of taking action to address issues with speeding on roads;

·         Enhanced Partnership arrangements with the Bus Companies operating in Devon, including influence and power, service provison, review of services and routes, any promotional campaigns and any plans for smaller and electric vehicles;

·         renewable energy capture in Devon and active lobbying for the necessary National Grid link; and

·         support for Devon Community Composting Networks.

 

The 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)

158.

Cabinet Member Reports pdf icon PDF 82 KB

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)       Children’s Services and Schools

 

Councillor Leadbetter circulated a Report, as requested by Councillor Adams, on the progress in reducing the backlog of EHCPS and wait times, staffing levels and progress on the action plan in Children’s Services. On the education side, the Report highlighted the recent transfer of Educational Services from Babcock LDP to the Council including team management, support and the impact of the new Heads of Education covering Delivery and Strategy.

 

He also advised he would circulate a Report to all Members which covered inclusivity work with Schools, funding matters, support and intervention and issues surrounding suspensions in schools. This had been requested by Councillor Aves.

 

He further responded to questions on management communication, rises in the numbers of exclusions and timescales for EHCP’s.

 

(b)       Highway Management

 

Councillor Hughes circulated a Report, as requested by Councillor Bailey on funding and timescale for the roll out of 20 mph zones in communities who wished to have such speed limit but who had not been successful in 2022/23.

 

The Report highlighted that a further £150,000 had been secured in the Road Safety Capital Allocation for a further tranche in 23/24 and that six further communities could benefit from new 20mph limits with the additional funding.

 

An email would shortly be sent to elected Members inviting them to work with their communities to complete new or modified applications.

 

He also responded to questions on 20mph near schools and working with Parish Council’s who may have the budget and resources to fund 20mph or other highways solutions.

159.

Minutes pdf icon PDF 109 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.

 

Appeals Committee - 3 October & 7 November 2022

Appointments, Remuneration & - 13 October 2022, 11 November & 24 November 22

Chief Office Conduct Committee

(including formal approval of minute 45 relating to leadership arrangements in Children’s Services and minute 49 relating to the approval of Donna Manson to the post of Chief Executive)

 

Public Rights of Way Committee - 3 November 2022

Standards Committee - 17 November 2022

Investment & Pension Fund - 25 November 2022

Audit Committee - 29 November 2022

 

Children’s Scrutiny - 15 November 2022

Health & Adult Care Scrutiny - 22 November 2022

Corporate Infrastructure & - 24 November 2022

Regulatory Services Scrutiny

 

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.

 

Appeals Committee                                     -           3 October & 7 November 2022

Appointments, Remuneration and

Chief Office Conduct Committee               -           13 October 2022, 11

November 2022 & 24 November 2022

 

(including formal approval of minute 45 relating to leadership arrangements in Children’s Services and minute 49 relating to the approval of Donna Manson to the post of Chief Executive)

 

Public Rights of Way Committee               -           3 November 2022

Standards Committee                                 -           17 November 2022

Investment & Pension Fund Committee  -           25 November 2022

Audit Committee                                           -           29 November 2022

 

Children’s Scrutiny                                      -           15 November 2022

Health & Adult Care Scrutiny                     -           22 November 2022

Corporate Infrastructure & Regulatory     -           24 November 2022

Services Scrutiny

 

The Motion was put to the vote and declared CARRIED.

*

160.

Endorsement of DCS (Interim)

The Council is asked to endorse the interim appointment of Julian Wooster as DCS for the Council.

Additional documents:

Decision:

It was MOVED by Councillor Hart, SECONDED by Councillor McInnes that the appointment of Julian Wooster as Director of Children’s Services (Interim) for the Council be endorsed.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

It was MOVED by Councillor Hart, SECONDED by Councillor McInnes that the appointment of Julian Wooster as Director of Children’s Services (Interim) for the Council be endorsed.

 

The Motion was put to the vote and declared CARRIED.

161.

Bus Passes (Minute 145 - 6 October 2022)

To receive and consider the recommendations of the Cabinet (Minute 239(a) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Brazil and referred thereto in accordance with Standing Order 8(2), namely 

 

‘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’.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/16) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

‘that the County Council keeps the time of free travel the same for all eligible residents as now – from 0930 Monday to Friday’.

Additional documents:

Decision:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that the County Council keeps the time of free travel the same for all eligible residents as now – from 0930 Monday to Friday.

 

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

Minutes:

Pursuant to County Council Minute 145 of 6 October 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Brazil that: 

                       

‘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’.

 

and having had regard to the advice of the Cabinet set out in Minute 239(a) of 9 November 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that the County Council keeps the time of free travel the same for all eligible residents as now – from 0930 Monday to Friday.

 

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.

162.

Housing White Paper (Minute 146 - 6 October 2022)

To receive and consider the recommendations of the Cabinet (Minute 239(b) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Atkinson and referred thereto in accordance with Standing Order 8(2), namely 

 

‘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.’

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/16) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

‘that Council notes the  ...  view the full agenda text for item 162.

Additional documents:

Decision:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council notes the issues raised and will continue to work as part of the Devon Housing Task Force.

 

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

Minutes:

Pursuant to County Council Minute 146 of 6 October 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Atkinson that: 

                       

‘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.’

 

and having had regard to the advice of the Cabinet set out in Minute 239(b) of 9 November 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council notes the issues raised and will continue to  ...  view the full minutes text for item 162.

163.

Funding for Local Government (Minute 147 - 6 October 2022)

To receive and consider the recommendations of the Cabinet (Minute 239(c)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Whitton and referred thereto in accordance with Standing Order 8(2), namely 

 

 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.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/16) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

(a) that the County Council supports the LGA and CCN in calling for the earliest possible resumption of the Government’s Fair Funding Review to ensure that the true costs of delivering public services particularly in rural areas are properly funded and the needs of all our communities – rural, coastal and urban – are met;

 

(b) that the County Council supports the LGA and CCN in calling on Government to ensure this year’s Local Government Settlement recognises the unprecedented pressures on the sector so that Councils are adequately funded to protect public services;

 

(c) that the County Council calls on Government to delay the charging reforms to adult social care services, and to reinvest funding earmarked for these proposals in local government to help ease the pressures on social care;

 

(d) that the County Council calls on Government to rebalance funding between health and social care, by allocating more of the £13bn committed to tackling the  ...  view the full agenda text for item 163.

Additional documents:

Decision:

(Councillor Roome declared a personal interest in this matter by virtue of being an employee of the NHS)

 

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

 

(a) supports the LGA and CCN in calling for the earliest possible resumption of the Government’s Fair Funding Review to ensure that the true costs of delivering public services particularly in rural areas are properly funded and the needs of all our communities – rural, coastal and urban – are met;

 

(b) supports the LGA and CCN in calling on Government to ensure this year’s Local Government Settlement recognises the unprecedented pressures on the sector so that Councils are adequately funded to protect public services;

 

(c) calls on Government to delay the charging reforms to adult social care services, and to reinvest funding earmarked for these proposals in local government to help ease the pressures on social care;

 

(d) calls on Government to rebalance funding between health and social care, by allocating more of the £13bn committed to tackling the NHS backlog to Councils who can work with NHS partners to invest in preventative social care and help ease the pressure on our hospitals; and;

 

(e) calls on Government to urgently approve the Council’s Safety Valve Intervention Fund proposal or provide temporary respite by rolling the Dedicated Schools Grant deficit forward a further year.

 

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

Minutes:

(Councillor Roome declared a personal interest in this matter by virtue of being an employee of the NHS)

 

Pursuant to County Council Minute 147 of 6 October 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Whitton that: 

 

 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.

 

and having had regard to the advice of the Cabinet set out in Minute 239(c) of 9 November 2022:

 

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

 

(a) supports the LGA and CCN in calling for the earliest possible resumption of the Government’s Fair Funding Review to ensure that the true costs of delivering public services particularly in rural areas are properly funded and the needs of all our communities – rural, coastal and urban – are met;

 

(b) supports the LGA and CCN in calling on Government to ensure this year’s Local Government Settlement recognises the unprecedented pressures on the sector so that Councils are adequately funded to protect public services;

 

(c) calls on Government to delay the charging reforms to adult social care services, and to reinvest funding earmarked for these proposals in local government to help ease the pressures on social care;

 

(d) calls on Government to rebalance funding between health and social care, by allocating more of the £13bn committed to tackling the  ...  view the full minutes text for item 163.

164.

Second Homes and Council Tax Premium (Minute 148 - 6 October 2022)

To receive and consider the recommendations of the Cabinet (Minute 239 (d)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Brazil and referred thereto in accordance with Standing Order 8(2), namely 

 

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

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/16) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

that as soon as legislation allows the County Council will ask each of the District Councils to give consideration to adding the Council Tax premium on second homes to their Council Tax schemes’.

Additional documents:

Decision:

Councillor Hart indicated that he was prepared to accept an amendment from Councillor Brazil therefore MOVED and Councillor McInnes SECONDED ‘that as soon as legislation allows the County Council will ask would support each of the District Councils to give consideration to adding the Council Tax premium on second homes to their Council Tax schemes’.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

Pursuant to County Council Minute 148 of 6 October 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Brazil that: 

                       

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

 

and having had regard to the advice of the Cabinet set out in Minute 239(d) of 9 November 2022:

 

Councillor Hart indicated that he was prepared to accept an amendment from Councillor Brazil therefore MOVED and Councillor McInnes SECONDED ‘that as soon as legislation allows the County Council will ask would support each of the District Councils to give consideration to adding the Council Tax premium on second homes to their Council Tax schemes’.

 

The Motion was put to the vote and declared CARRIED.

165.

Pedestrian Priority in Highways Policies (Minute 149 - 6 October 2022)

To receive and consider the recommendations of the Cabinet (Minute 239(e)) 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 

 

‘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’.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/20/16) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

that Council recognises that the safety of pedestrians and vulnerable road users is paramount in the planning, delivery, operation and maintenance of highway infrastructure and the planned review of the Local Transport Plan should be used to reinforce the hierarchy of users’.

Additional documents:

Decision:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council recognises that the safety of pedestrians and vulnerable road users is paramount in the planning, delivery, operation and maintenance of highway infrastructure and the planned review of the Local Transport Plan should be used to reinforce the hierarchy of users.

 

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

Minutes:

Pursuant to County Council Minute 149 of 6 October 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Wrigley that: 

                       

‘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’.

 

and having had regard to the advice of the Cabinet set out in Minute 239(e) of 9 November 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council recognises that the safety of pedestrians and vulnerable road users is paramount in the planning, delivery, operation and maintenance of highway infrastructure and the planned review of the Local Transport Plan should be used to reinforce the hierarchy of users.

 

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.

166.

Environmental Protections (Minute 150 - 6 October 2022)

To receive and consider the recommendations of the Cabinet (Minute 239(f)) 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 

 

‘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)’.

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/16) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

that the County Council writes to the Secretary of State for the Environment to highlight:

 

(a) the concerns about the currently perceived policy threats to nature;

 

(b) the importance of strong environmental protection alongside other statutory considerations to achieve our strategic aim of supporting sustainable and inclusive economic prosperity that improves the health and wellbeing of our residents; and

 

(c) that careful streamlining of the delivery of regulatory requirements, rather than their weakening or removal, is the most effective way of ensuring that environmental interests do not cause inappropriate delay or constraint to future growth.

 

Additional documents:

Decision:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that the County Council writes to the Secretary of State for the Environment to highlight:

 

(a) the concerns about the currently perceived policy threats to nature;

 

(b) the importance of strong environmental protection alongside other statutory considerations to achieve our strategic aim of supporting sustainable and inclusive economic prosperity that improves the health and wellbeing of our residents; and

 

(c) that careful streamlining of the delivery of regulatory requirements, rather than their weakening or removal, is the most effective way of ensuring that environmental interests do not cause inappropriate delay or constraint to future growth.

 

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

Minutes:

Pursuant to County Council Minute 150 of 6 October 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Bailey that: 

                       

‘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)’.

 

and having had regard to the advice of the Cabinet set out in Minute 239(f) of 9 November 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that the County Council writes to the Secretary of State for the Environment to highlight:

 

(a) the concerns about the currently perceived policy threats to nature;

 

(b) the importance of strong environmental protection alongside other statutory considerations to achieve our strategic aim of supporting sustainable and inclusive economic prosperity that improves the health and wellbeing of our residents; and

 

(c) that careful streamlining of the delivery of regulatory requirements, rather than their weakening or removal, is the most effective way of ensuring that environmental interests do not cause inappropriate delay or constraint to future growth.

                       

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.

167.

Glyphosate Use on all Council Owned Land (Minute 151 - 6 October 2022)

To receive and consider the recommendations of the Cabinet (Minute 239(g)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hodgson and referred thereto in accordance with Standing Order 8(2), namely 

 

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

 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/16) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

 

‘that in line with its adopted Environmental Policy, County Council services should only use glyphosate if absolutely necessary, where practical alternatives are not available’.

Additional documents:

Decision:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that in line with its adopted Environmental Policy, County Council services should only use glyphosate if absolutely necessary, where practical alternatives are not available.

 

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

 

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

Minutes:

Pursuant to County Council Minute 151 of 6 October 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hodgson that: 

           

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

 

and having had regard to the advice of the Cabinet set out in Minute 239(g) of 9 November 2022:

 

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that in line with its adopted Environmental Policy, County Council services should only use glyphosate if absolutely necessary, where practical alternatives are not available.

 

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

 

Councillor Hodgson then MOVED and Councillor Wrigley SECONDED that the motion be amended as follows (additional words in red);

 

‘in line with its adopted Environmental Policy, County Council services should only use glyphosate if absolutely necessary, where practical alternatives are not available and that tenant farmers on Devon County Council owned land and property will also be required to adopt this policy when the contracts are due for renewal’.

 

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

 

Councillor Hodgson then MOVED and Councillor Wrigley SECONDED that the motion be amended as follows (additional words in red);

 

‘in line with its adopted Environmental Policy, County Council services should only use glyphosate if absolutely necessary, where practical alternatives are not available and that tenant farmers on Devon County Council owned land and property will also be advised to adopt this policy when the contracts are due for renewal’.

 

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

 

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

168.

Istanbul Convention to Prevent and Combat Violence against Women and Girls and Article 59.

Councillor Atkinson to move:

 

On 1st November the UK’s ratification of the Istanbul convention to prevent and combat violence against women and girls and domestic violence finally came into force

 

However, the Government has reserved article 59 of the treaty opting out of protecting migrant women. By quietly reserving article 59 of the treaty, the Government is still failing some of the most vulnerable women living in Devon: migrant women.

 

The Government’s National Statement of Expectations on Domestic Violence sets out what local areas like Devon need to put in place to ensure their response to Violence against Women and Girls (VAWG) issues is as collaborative, robust and effective as it can be so that all victims and survivors can get the help they need. The Home Office expects to see local strategies and services that, amongst other things, put the victim at the centre of service delivery.

 

This Council believes:

 

·         The Devon County Council and UK Government not being obliged to provide VAWG support and protection to migrant women effectively reinforces the two-tier system of support for victims, as some remain discriminated against because of their migration status.

·         The Government must immediately remove the reservation to this article and provide equal protection for every woman in need, irrespective of migration status. 

·         All women, regardless of where they come from, deserve protection against violence. 

·         That DCC resolves to make available to migrant women in Devon services and support that it provides for other women.

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 Barnes MOVED and Councillor Asvachin SECONDED the Notice of Motion in the name of Councillor Atkinson.

 

On 1st November the UK’s ratification of the Istanbul convention to prevent and combat violence against women and girls and domestic violence finally came into force.

 

However, the Government has reserved article 59 of the treaty opting out of protecting migrant women. By quietly reserving article 59 of the treaty, the Government is still failing some of the most vulnerable women living in Devon: migrant women.

 

The Government’s National Statement of Expectations on Domestic Violence sets out what local areas like Devon need to put in place to ensure their response to Violence against Women and Girls (VAWG) issues is as collaborative, robust and effective as it can be so that all victims and survivors can get the help they need. The Home Office expects to see local strategies and services that, amongst other things, put the victim at the centre of service delivery.

 

This Council believes:

 

·         The Devon County Council and UK Government not being obliged to provide VAWG support and protection to migrant women effectively reinforces the two-tier system of support for victims, as some remain discriminated against because of their migration status.

·         The Government must immediately remove the reservation to this article and provide equal protection for every woman in need, irrespective of migration status. 

·         All women, regardless of where they come from, deserve protection against violence. 

·         That DCC resolves to make available to migrant women in Devon services and support that it provides for other women.

 

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

169.

Supporting Devon's Children - Ending a Decade of Despair

Councillor Brazil to move:

 

‘Devon County Council invites the Secretary of State to appoint Commissioners to immediately take over the running of Children's Services in Devon.

 

For more than a decade, vulnerable children and children with special needs in Devon have been shortchanged by the County Council. Though it has strived, it has singularly failed to improve services, which remain poor.

 

Children's life chances have been immeasurably harmed by the council's failure to get to grips with reforming the service and moving from the 'INADEQUATE' or 'REQUIRES IMPROVEMENT' ratings of Ofsted, the Government inspectors, to 'GOOD' or, better still 'OUTSTANDING'.

 

The County Council recognises that it is the children which must now come first and calls on the Secretary of State to immediately appoint Commissioners to take over the running of the county council's Children's Services functions and to do all that is necessary to improve services, raise standards, protect children and young people and achieve at least an Ofsted 'GOOD' rating’.

Additional documents:

Decision:

Councillor Brazil requested that the Motion be postponed, to which the Council AGREED (in line with Standing Order 6(4)).

Minutes:

Councillor Brazil requested that the Motion be postponed, to which the Council AGREED (in line with Standing Order 6(4)).

170.

Stop Shortchanging Devon - Save our Services

Councillor Brazil to move:

 

‘While the Conservative Leader of Devon County Council reports that the authority's 'financial situation has never been so bleak as it is now', the Government has slashed the surcharge paid by UK banks from 8% to just 3% and lifted the threshold before the levy is even paid from £25million to £100million.

 

Yet again, while local government faces huge challenges to support the most vulnerable in our community and maintaining services, it is not increasing support to Councils that is at the forefront of the Conservatives in Government, but helping their banker mates.

 

The Cost of Chaos budget from short-lived Prime Minister Liz Truss which sparked the mortgage interest rate rise has also helped boost Bank earnings with NatWest, Santander, HSBC and Barclays, among others, reporting their earnings boosted in the last quarter as mortgage rates surged.

 

And while energy companies, fat on the profits of record increases in the price of gas and electricity, were slapped with a windfall tax, the Conservative Chancellor decided not to do the same for banks.

 

Devon County Council believes the budget delivered by Chancellor Jeremy Hunt was a very poor deal for the people of Devon and has done nothing to address the real terms cut of 72% in core funding for Devon in the 11 years to 2021/22. Cuts now being considered by the county council are a direct result of the Government's failure to support this authority and the Leader is instructed to write again to the Chancellor and Prime Minister setting out the devastating impacts for Devon and to call, once more, for fair funding for Devon’.

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 Brazil MOVED and Councillor Wrigley SECONDED

 

‘While the Conservative Leader of Devon County Council reports that the authority's 'financial situation has never been so bleak as it is now', the Government has slashed the surcharge paid by UK banks from 8% to just 3% and lifted the threshold before the levy is even paid from £25million to £100million.

 

Yet again, while local government faces huge challenges to support the most vulnerable in our community and maintaining services, it is not increasing support to Councils that is at the forefront of the Conservatives in Government, but helping their banker mates.

 

The Cost of Chaos budget from short-lived Prime Minister Liz Truss which sparked the mortgage interest rate rise has also helped boost Bank earnings with NatWest, Santander, HSBC and Barclays, among others, reporting their earnings boosted in the last quarter as mortgage rates surged.

 

And while energy companies, fat on the profits of record increases in the price of gas and electricity, were slapped with a windfall tax, the Conservative Chancellor decided not to do the same for banks.

 

Devon County Council believes the budget delivered by Chancellor Jeremy Hunt was a very poor deal for the people of Devon and has done nothing to address the real terms cut of 72% in core funding for Devon in the 11 years to 2021/22. Cuts now being considered by the county council are a direct result of the Government's failure to support this authority and the Leader is instructed to write again to the Chancellor and Prime Minister setting out the devastating impacts for Devon and to call, once more, for fair funding for Devon’.

 

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

171.

Voter Photo ID requirement

Councillor Wrigley to move:

 

Voter ID equals Voter Suppression

 

Devon condemns the introduction of the requirement for Voter Photo ID and will write to the Prime Minister and the MPs in Devon to state our objection.

 

Evidence for significant identity fraud at elections has not come forward.  At the last count, a single prosecution was taken forward on the matter.

 

Despite this, Voter Photo ID will be required for anyone wishing to vote in the May 2023 elections.  This will disenfranchise anyone without a UK Driving Licence or Passport in their hands at the time of voting.  The range of additional acceptable IDs is limited and skewed towards the elderly.

 

District councils are expected to deliver free IDs with no funding or guidance yet issued, despite it being less than six months until the elections.

 

This move by the Conservative government is likely to disenfranchise many Devon residents, and thus suppress the number of residents who should be able to vote.  This is shameful and does not reflect British standards for democracy and respect for our voters.

Additional documents:

Decision:

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

Minutes:

The Chair advised the Council that this Motion and the one submitted under agenda item 22 by Councillor Bailey covered the same issues, and therefore asked for the consent of the Council to accept the merging of the motions, the new wording being reflected on the order paper.

 

Councillor Wrigley MOVED and Councillor Dewhirst SECONDED;

 

The Government has recently introduced a requirement for photographic identification before electors are to be permitted to vote.

 

This is to take effect for all elections from May 2023. 

 

Devon condemns the introduction of the requirement for Voter Photo ID and considers that the introduction of photographic ID for elections is completely unnecessary, as voter fraud is extremely rare, and at the last count, a single prosecution was taken forward on the matter. The move would have the effect of suppressing voter participation in democratic processes.

 

The requirement for Voter Photo ID will disenfranchise anyone without a UK Driving Licence or Passport in their hands at the time of voting.  The range of additional acceptable IDs is limited and skewed towards the elderly.

 

The Council considers that the new rules would place a considerable burden on Returning Officers, Presiding Officers, and polling staff who would have to adjudicate on identification issues. Staff at polling stations would inevitably have to deal with angry would-be voters turned away from the polling stations. Furthermore, District councils are expected to deliver free IDs with no funding or guidance yet issued, despite it being less than six months until the elections.

 

The Association of Electoral Administration considers that the timelines for the new rules under the Elections Act ‘are optimistic at best, undeliverable at worst’. Details of how voters without photographic ID can apply for a 'Voter Authority Certificate' has not even been published yet.

 

The move could suppress the number of residents who should be able to vote, which does not reflect British standards for democracy and respect for voters.

 

Motion

  

The Council therefore agrees;  

 

1  To ask the Local Government Association (LGA) and the County Council Network (CCN) to raise the matter with the Secretary of State for Levelling Up, Housing and Communities expressing its great concern about the proposed use of photographic identification for May 2023 elections.  

 

2  In particular the Council stresses its concern about the procedures to be introduced, which will have a disproportionately detrimental impact on younger voters for whom the procedures will be more challenging than for older voters. The Council asks the LGA and the CCN to press the Government to actively seek to encourage young people to participate in elections, not to place obstacles in the way of young would-be voters. 

 

3 Asks the LGA and the CCN to press the Secretary of State not to introduce voter photographic identification for the scheduled 2023 elections. The Council also asks the LGA and the CCN to urge the Secretary of State to engage in debate with the LGA and CCN about the need for voter photographic identification, and should it be concluded  ...  view the full minutes text for item 171.

172.

Voter ID

Councillor Bailey to move:

 

The Government has recently introduced a requirement for photographic identification before electors are to be permitted to vote. This is to take effect for all elections from May 2023. 

 

This Council considers that the introduction of photographic ID for elections is completely unnecessary, as voter fraud is extremely rare, and would have the effect of suppressing voter participation in democratic processes.

 

The Council considers that the new rules would place a considerable burden on Returning Officers, Presiding Officers, and polling staff who would have to adjudicate on identification issues. Staff at polling stations would inevitably have to deal with angry would-be voters turned away from the polling stations. 

 

The Association of Electoral Administration considers that the timelines for the new rules under the Elections Act ‘are optimistic at best, undeliverable at worst’. Details of how voters without photographic ID can apply for a 'Voter Authority Certificate' has not even been published yet.

 

Motion

  

The Council therefore agrees;  

 

1  To ask the Local Government Association (LGA) and the County Council Network (CCN) to raise the matter with the Secretary of State for Levelling Up, Housing and Communities expressing its great concern about the proposed use of photographic identification for May 2023 elections.  

 

2  In particular the Council stresses its concern about the procedures to be introduced, which will have a disproportionately detrimental impact on younger voters for whom the procedures will be more challenging than for older voters. The Council asks the LGA and the CCN to press the Government to actively seek to encourage young people to participate in elections, not to place obstacles in the way of young would-be voters. 

 

3 Asks the LGA and the CCN to press the Secretary of State not to introduce voter photographic identification for the scheduled 2023 elections. The Council also asks the LGA and the CCN to urge the Secretary of State to engage in debate with the LGA and CCN about the need for voter photographic identification, and should it be concluded that it is necessary that a more acceptable system be considered. 

  

4. The Council agrees to send a copy of its message to the LGA and the CCN to its MPs. 

Additional documents:

Decision:

This Motion submitted by Councillor Bailey was dealt with under minute 171.

Minutes:

This Motion submitted by Councillor Bailey was dealt with under minute 171.


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