Agenda and minutes

Minutes of the meeting held on 13 April 2016 (previously circulated).

RESOLVED that the minutes of the meeting held on 13 April 2016 be signed as a correct record.

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

There was no item raised as a matter of urgency.

The Chairman welcomed Mrs Mayes who was attending the meeting in her capacity as a Co-opted Member of the Council's Standards Committee to observe and monitor compliance with the Council’s ethical governance framework.

There was no petition received from a Member of the Public or the Council.

There was no question from a Member of the Council.

Report of the Head of Highways, Capital Development and Waste (HCW/16/39) on a proposed revised Highway Safety Policy reflecting the outcomes of trial policy changes  previously authorised by the Cabinet, attached

(Councillors Brazil, Connett, Hook, Julian and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Highways, Capital Development & Waste (HCW/16/39) on, and seeking approval to, a revised Highway Safety Policy.

The proposed operational policy (Version 6, May 2016) had been designed to enable the Council to meet its statutory duty to maintain the highway network as safe as was reasonably practicable in  all the circumstances and in so doing had also taken account of:

·         guidance provided in the National Code of Practice (Well Maintained Highways);

·         the draft update of the National Code of Practice (Well-managed Highway Infrastructure);

·         best practice in other authorities and the results of trialled policy changes.

The Policy would, as now proposed, enable defect repairs to be focussed on the highest priorities, improve resilience and enable more effective working; reflecting the trialled changes on footway cracks and gaps, roadmarkings, road traffic signs, potholes and obstructions set out in detail in Appendix B to Report HCW/16/39 which had generally proved successful and upon which no negative impacts had been observed. 

The main change from the proposals considered previously and upon which the aforementioned trials had been based would, if now adopted, also see the introduction of a risk matrix to assess the impact of a defect and determine the most appropriate response, to  see if action was required immediately or whether repairs could be undertaken later as part of any planned maintenance work. This would provide a practical, risk based approach to highways safety inspection and defect repair throughout the County.

The Place Scrutiny Committee had, as promised, been asked for its views on the results of the trialled policy changes which it had welcomed as providing a more flexible approach to highway maintenance generally although concern was expressed by Members attending this meeting under Standing Order 25 at any reduction in standards contained in the revised policy.

The Head of Service’s Report also incorporated an Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010, where relevant. That assessment recognised that while, inevitably, highway defects could expose highway users to risk, the Policy attempted to mitigate those risks through a risk based approach, appropriate reporting and corrective mechanisms being undertaken at an earlier opportunity than hitherto and more resilient repairs. No unmanageable impacts had been identified.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

It was MOVED by Councillor Hughes, SECONDED by Councillor  ...  view the full minutes text for item 27.

There was no question from a Member of the public.

County Farms Estate Committee – 28 April 2016, attached

[NB: Minutes of County Council Committees are published on the Council’s Website at:

http://democracy.devon.gov.uk/ieDocHome.aspx?bcr=1]

It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and

RESOLVED that the Minutes of the County Farms Estate Committee held on 28 April 2016  and any recommendations to Cabinet therein be approved.

The Registers of Decisions taken by Cabinet Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  A summary of such decisions taken since the last meeting is appended to this Agenda.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers were available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012; a summary of decisions taken since the last meeting had been published with the Agenda for this meeting. Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council’s Scheme  of Delegation  set out in  Part 3 of the Council’s Constitution may be viewed at  https://new.devon.gov.uk/democracy/officer-decisions/.

In accordance with the Council’s Constitution, the Cabinet is requested to review the list of forthcoming business and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting.

[NB: The Forward Plan is available on the Council's website at:

http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0&bcr=1]

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (at https://new.devon.gov.uk/democracy/how-the-council-works/forward-plan/).