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Agenda and minutes

Venue: Committee Suite, County Hall, Exeter

Contact: Rob Hooper, 01392 382300  Email: rob.hooper@devon.gov.uk

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Items
Note No. Item

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62.

Minutes

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

Additional documents:

Minutes:

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

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63.

Items Requiring Urgent Attention

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

 

Additional documents:

Minutes:

There was no item raised as a matter of urgency.

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64.

Chairman's Announcements

Additional documents:

Minutes:

The Chairman reported that this would be the last meeting of the Council’s Cabinet to be attended by Mrs Heather Barnes the Strategic Director (Place) and, on behalf of the Cabinet, wished her well  for  the future.

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65.

Petitions

Additional documents:

Minutes:

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

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66.

Question(s) from Members of the Council

Additional documents:

Minutes:

There was no question from a Member of the Council.

KEY DECISIONS

Additional documents:

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67.

Call-in of Cabinet Decision: Post 16 Education Policy Transport 2017/18 (Minute 51/31 July 2016)

In accordance with the Scrutiny Procedure Rules, the requisite number of Scrutiny  Committee Members invoked the call-in procedure in relation to the decision of the Cabinet (Minute 51, 13 July 2016) approving the Post 16 Education Travel Policy for 2017/18 on the grounds that The Cabinet has failed to consider the potential impact of this decision on discouraging young people from rural areas and/or families on low incomes from continuing in education’ and that the decision failed to consider the ability of colleges to make funding available for Post 16 student transport to 'plug the gap' created by the council decision, the proposed is vague and unclear what the benchmark is for students or their families to evidence there is no suitable transport for college and as the policy states it will not provide transport even where, for example, where inconvenience is caused to the family, it fails to consider the potential economic and social impacts of each applicants own circumstances and is, therefore, unreasonable’. 

 

The People’s Scrutiny Committee considered the ‘call-in’ at its meeting on 5 September 2016 (Minute *12) and endorsed the Cabinet’s decision; urging Cabinet to continue lobbying Government for funding to reflect the sparsity of areas like Devon (in addition to the  representations already proposed under Minute 51(b) to be made on ‘the financial  impact upon Councils, parents and students of the Government not having increased funding for post 16 education travel consistent with the increase in the school leaving age..’.  The Scrutiny Committee therefore being satisfied with the Cabinet’s original decision it was consequently implemented with immediate effect.

 

[The Report previously considered by the Cabinet is available on the Council’s website at: http://democracy.devon.gov.uk/ieListMeetings.aspx?CId=133&Year=0]

 

Additional documents:

Minutes:

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

 

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being a parent of a child in receipt of County Council post 16 transport and withdrew from the meeting  during  its consideration).

 

The Cabinet noted that, in accordance with the Scrutiny Procedure Rules, the requisite number of Scrutiny  Committee Members had invoked the call-in procedure in relation to the decision of the Cabinet (Minute 51, 13 July 2016) approving the Post 16 Education Travel Policy for 2017/18 on the grounds that ‘The Cabinet has failed to consider the potential impact of this decision on discouraging young people from rural areas and/or families on low incomes from continuing in education’ and that ‘the decision failed to consider the ability of colleges to make funding available for Post 16 student transport to 'plug the gap' created by the council decision, the proposed is vague and unclear what the benchmark is for students or their families to evidence there is no suitable transport for college and as the policy states it will not provide transport even where, for example, where inconvenience is caused to the family, it fails to consider the potential economic and social impacts of each applicants own circumstances and is, therefore, unreasonable’. 

 

The People’s Scrutiny Committee had considered the ‘call-in’ at its meeting on 5 September 2016 (Minute *12) and had endorsed the Cabinet’s decision which had consequently been implemented, with immediate effect.

 

The Scrutiny Committee had, however, also urged Cabinet to continue lobbying Government for funding to reflect the sparsity of areas like Devon - in addition to the  representations already agreed under Minute 51(b) on ‘the financial impact upon Councils, parents and students of the Government not having increased funding for post 16 education travel consistent with the increase in the school leaving age...’, and the Cabinet noted also that the Leader had subsequently raised the issue of funding with Devon MPs at meetings on 12/13 September  2016.   

 

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

 

RESOLVED thatthe People’s Scrutiny Committee being satisfied with the Cabinet’s decision at  Minute *51 it be noted the original decision had been implemented with immediate effect and that representations on funding also include reference to sparsity.

 

[NB The Report of the Head of Education & Learning previously considered by the Cabinet was available at http://democracy.devon.gov.uk/ieListMeetings.aspx?CId=134&Year=0].

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68.

Call in of Cabinet Member Decision: Closure of Compass House Creche pdf icon PDF 314 KB

In accordance with the Scrutiny Procedure Rules, the requisite number of Members of the Council (Cllrs Hannan, Westlake, Hannaford, Hill and Owen) invoked the call-in procedure in relation to the decision of the Cabinet Member for Adult Social Care and Health Services (Decision Notice and accompanying documentation attached) on the proposed closure of Compass House Crèche on the grounds that the decision ‘fails to take sufficient account of the fact that women suffering from post-natal depression are routinely in need of on-site care for their children, as is available at Chestnut Children’s Centre where Depression and Anxiety Service sessions are run alongside childcare provision.  The existence of this arrangement other than at Compass House is actually denied in the Impact Assessment’. 

 

The People’s Scrutiny Committee considered the ‘call-in’ at its meeting on 5 September 2016 (Minute *13) and resolved that ’the Cabinet be recommended to retain the Crèche for the present and that the Devon Partnership Trust be asked (i) to look at the possibility of it providing those therapy and counselling services (currently provided at Compass House) in premises elsewhere in the City of Exeter which had an Ofsted Registered Crèche and (ii) report back [to Cabinet] within a period of 3 months’.

 

The Cabinet is required to reconsider the matter in the light of the Scrutiny Committee’s views and may either amend or adopt the original decision, which shall be implemented with immediate effect.

 

Additional documents:

Minutes:

(Councillors Biederman, Connett, Hannan, Julian, Randall Johnson and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

 

The Cabinet noted that, in accordance with the Scrutiny Procedure Rules, the requisite number of Members of the Council (Cllrs Hannan, Westlake, Hannaford, Hill and Owen) had invoked the call-in procedure in relation to the decision of the Cabinet Member for Adult Social Care and Health Services (Decision Notice and accompanying documentation attached) on the proposed closure of Compass House Crèche on the grounds that the decision ‘fails to take sufficient account of the fact that women suffering from post-natal depression are routinely in need of on-site care for their children, as is available at Chestnut Children’s Centre where Depression and Anxiety Service sessions are run alongside childcare provision.  The existence of this arrangement other than at Compass House is actually denied in the Impact Assessment’. 

 

The People’s Scrutiny Committee had considered the ‘call-in’ at its meeting on 5 September 2016 (Minute *13) and had resolved that ’the Cabinet be recommended to retain the Crèche for the present and that the Devon Partnership Trust be asked (i) to look at the possibility of it providing those therapy and counselling services (currently provided at Compass House) in premises elsewhere in the City of Exeter which had an Ofsted Registered Crèche and (ii) report back [to Cabinet] within a period of 3 months’.

 

The Cabinet was required to reconsider the matter in the light of the Scrutiny Committee’s views and could either amend or adopt the Cabinet Member’s decision, which would then be implemented with immediate effect.

 

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

 

RESOLVED thatthe suggestion of the Scrutiny Committee be noted and a further  Report be made to the next meeting of the Cabinet and the Cabinet Members decision be therefore not now actioned.

 

[NB The Cabinet Member's Decision Notice and accompanying documentation was circulated previously with the People’s Scrutiny Committee Agenda and is available at: http://democracy.devon.gov.uk/ieListMeetings.aspx?CId=134&Year=0].

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69.

Cross-Boundary Strategy and Plan Making - Greater Exeter, Plymouth & South West Devon and Northern Devon pdf icon PDF 862 KB

Report of the Head of Planning, Transportation & Environment (PTE/16/42) on the County Council's  involvement in the development of cross-boundary strategy and planning incorporating proposed governance arrangements, attached. 

 

Additional documents:

Minutes:

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

 

The Cabinet considered the Report of the Head of Planning, Transportation & Environment (PTE/16/42) on the County Council's  involvement in the development of new cross-boundary strategy and planning, incorporating proposed governance arrangements.

 

The Head of Service’s Report outlined the new cross-boundary planning strategy and policy arrangements that were emerging in Devon reflecting housing markets, travel to work areas and economic geographies.  These functional areas crossed Local Planning Authority administrative boundaries and it was axiomatic that Council should work in partnership when developing strategy and policy.  The three urban, economic functional geographies, shown in Appendix B to the Report now submitted, were:

 

·           Greater Exeter:  East Devon, Exeter, Mid Devon and Teignbridge;

·           Plymouth Area:  Plymouth, South Hams and West Devon; and

·           Northern Devon:  North Devon and Torridge.

 

The Head of Service emphasised that in order to reflect these functional geographies, joint Plans were currently being prepared for each area, which would be statutory planning documents setting out long term planning policy.

 

The County Council had an important strategic role to play in the development of these Plans and had been invited to engage with the various plan-making processes. This more collaborative role, albeit differing in detail from one area to another, offered the County Council greater influence over the planning process, helping to ensure that policy in each area specifically reflected the County Council’s corporate priorities. The Report summarised the developing administrative and organisational arrangements to support this new approach. 

 

The Head of Service and the Cabinet Member  for Economy, Growth and Cabinet Liaison for Exeter indicated their willingness to ensure that all Members of the Council would be kept informed of progress with this process and any emerging strategies and policies through regular briefings or other means considered appropriate in due course, affording Members an opportunity to contribute thereto.

 

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. The Assessment recognised that, given the nature of the decision required of the Cabinet, there were unlikely to be any direct equality impacts and any marginal or tangential impacts would, it was felt, be positive and beneficial to the Council, to staff and to the community as a whole; no unmanageable impacts had been identified.

 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental, 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 Leadbetter, SECONDED by Councillor  ...  view the full minutes text for item 69.

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70.

Transport Capital Programme 2016/2017 pdf icon PDF 130 KB

Report of the Head of Planning, Transportation & Environment (PTE/16/43) on the revised transport capital programme for 2016/17, excluding maintenance, attached. 

Additional documents:

Minutes:

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

 

The Cabinet considered the Report of the Head of Planning, Transportation and Environment   (PTE/16/43) on the revised transport capital programme for 2016/17, excluding maintenance. 

 

The Head of Service reported that while the Cabinet had, in September 2015, previously approved a two year programme for capital transport schemes for 2015/16 and 2016/17 it was now necessary to revise and update the 2016/17 programme to reflect changes in some scheme costs, funding sources and timing. The programme contained a substantial number of schemes in many areas, each developing at different rates dependent on engineering and environmental constraints.  The revised programme provided the necessary flexibility to respond to opportunities such as the purchase of land, achieving matched funding and obtaining additional partner and developer funding contributions. The focus of the 2016/17 programme remained substantially unchanged from that approved in September 2015, supporting economic growth alongside Local Plans and Appendix I to Report PTE/16/43 set  out the revised 2016/17 programmes.

 

Members acknowledged that funding pressures remained tight with the Local Transport Plan Integrated Block settlement from Government now at an annual level of around £3,600,000 compared to over £6,000,000 in previous year and over £10,000,000 in 2009/10.  Other local contributions such as s106 or Community Infrastructure Levy (CIL) were also under significant pressure.  External funding sources continued to support a major part of the capital programme.

 

The Head of Service’s Report affirmed that an Impact Assessment relating to the transport capital programme had been completed at the time the programme had initially been determined and that individual schemes would necessarily be the subject of formal assessments presented to the Cabinet or the relevant Highways & Traffic Orders Committee at the appropriate time. 

 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental, 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 Leadbetter, SECONDED by Councillor Hughes, and

 

RESOLVED

 

(a) that approval be given to the enhancement of the Place 2016/17 capital programme by £837,000 (being £718,000 from developer contributions and £119,000 external contributions);

 

(b) that of the enhancements at (a) above, £275,000 be committed to enable schemes to proceed in advance of full funding being received;

 

(c) that the revised allocations for Local Transport Plan (LTP) schemes set out in Appendix I to Report PTE/16/43 be approved;

 

(d) that the Head of Planning, Transportation and Environment, in consultation with the Cabinet Member for Highway Management and Flood Prevention or Cabinet Member for Economy, Growth and Cabinet Liaison for Exeter, be authorised to make any consequential   amendments to the Integrated Block allocations;

 

(e) that Report PTE/16/43 be also circulated, for information, to Highways & Traffic Orders Committees.

 

[NB: The Impact Assessment referred to above may be viewed alongside Minutes of this meeting and may also  ...  view the full minutes text for item 70.

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71.

Extension of Exe Estuary Walking and Cycling Route: Dawlish Warren to Dawlish pdf icon PDF 621 KB

Report of the Head of Planning, Transportation & Environment (PTE/16/44) seeking approval to two schemes to complete the Exe Estuary walking and cycling route from Exeter via Dawlish Warren to Dawlish Town Centre, attached. 

 

Additional documents:

Minutes:

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

                 

The Cabinet considered the Report of the Head of Planning, Transportation & Environment (PTE/16/44) seeking approval to two schemes to complete the Exe Estuary walking and cycling route from Exeter via Dawlish Warren to Dawlish Town Centre, for which deemed planning consent would be required for the Council’s Development Management Committee.

 

Members acknowledged that following the extension of the Exe Estuary trail between Turf Lock and Powderham, Hazelwood Drive in Dawlish Warren and Exeter Road in Dawlish, the proposed schemes would provide a safe and attractive link into Dawlish Town Centre, making it more attractive and accessible for both local people and visitors, to walk or cycle to the Town Centre and Railway Station, and benefitting the local economy. The schemes would complete the route between Dawlish Warren and Dawlish Town Centre, which had formed part of the successful application for CCF (Coastal Communities Fund) of £1,300,000 approved in January 2015.

 

The Cabinet noted representations from Members present on the need to address and implement proposals for further improvements at Powderham and Starcross to facilitate and manage the number of people using the cycle/walkway.

 

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. While the environmental aspects of proposals would be fully assessed through the separate Environmental Impact Assessment process, the Assessment concluded that the scheme would make a positive impact on the communities involved, provide a more attractive and safer route for users, accessible to all, and prove to be a beneficial addition to the County’s cycle network. 

 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental. 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 Clatworthy, and

 

RESOLVED

 

(a) that approval be given to the scheme designs shown in Appendix I to Report PTE/16/44 (drawing numbers B15014_12 and 13), at an estimated cost of £760,000;

 

(b) that the Head of Planning, Transportation and the Environment be authorised, in consultation with the Cabinet Member for Highway Management and Flood Prevention and the local County Councillor, to make minor amendments to the scheme design.

 

[NB: The Impact Assessment referred to above may be viewed alongside Minutes of this meeting and may also be available at:  http://new.devon.gov.uk/impact/].

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72.

Budget Monitoring 2016/17 pdf icon PDF 54 KB

Report of the County Treasurer (CT/16/72) on the position at Month 4, attached. 

 

Additional documents:

Minutes:

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

                 

The Cabinet considered the Report of the County Treasurer (CT/16/72) on the position at Month 4 outlining those areas where there were specific pressures on budgets, potential under- and over-spendings in the current financial year and on management action being taken where individual budget lines were experiencing pressures.  

The Cabinet noted that, overall, the forecast for revenue spending at year-end showed a  projected overspend of £7,900,000 arising in the main from potential overspending of £7,300,000 in People’s Services and in particular Adult Social Care. Children’s Social Work and Child Protection showed an overspend of £1,300,000 while Education & Learning had projected a net overspend of £721,000. Place Services were currently indicating an overspend at outturn of £572,000 and while a balanced outturn was forecast for Corporate Services there were pressures in those areas that would require careful management.

The County Treasurer’s Report outlined the causes of the potential overspending and the action being taken to bring spending back in line with budget provision at year-end including regular meetings with relevant Cabinet Members to review forward financial forecasts and consider management action to minimise identified financial pressures.

Cabinet Members also acknowledged representations at the meeting that the pressures faced by the County Council were exacerbated by rising demand and other external factors and a shortfall of Government funding, suggestion also that all-party representations to Government might prove beneficial. The Cabinet Member for Adult Social Care & Health also referred to representations made by him to the Department of Communities & Local Government - on behalf of all South West Council’s with responsibility for adult services - on the underfunding of that service area, generally. 

In relation to capital expenditure, spending was estimated at £144,700,000 with slippage of £14,500,000 in a number of schemes including the South Devon Link Road, A39 Roundswell Pedestrian and Cycle Bridge, Marland School and Marsh Barton Railway station.

The matter having been debated and the options and/or alternatives and other relevant factors set out in the County Treasurer’s Report and/or referred to above having been considered

 

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

 

RESOLVED that the position based on Month 4 be noted.

STANDING ITEM

Additional documents:

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73.

Question(s) from Members of the Public pdf icon PDF 200 KB

Additional documents:

Minutes:

The Chairman having exercised his discretion to vary the order of business to enable this item to be considered at this point in the meeting, and in accordance with the Council's Public Participation Rules, the Leader and relevant Cabinet Member(s) responded to 6 questions  from members of the public on State Pension Arrangements and Okehampton Railway Line/Station and would respond direct to one question on state pension arrangements from a member of the public who was  not present at the time this item was taken.

 

The Leader and relevant Cabinet Member(s) also responded orally to supplementary questions arising from the above.  

 

[NB: A copy of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below].

MATTERS REFERRED

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74.

Notices of Motion pdf icon PDF 96 KB

Report of the County Solicitor (CS/16/27) on the Notices of Motion referred to the Cabinet by the County Council on 28 July 2016, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised, attached

Additional documents:

Minutes:

The Cabinet considered the Report of the County Solicitor (CS/16/27) relating to those Notices of Motion set out hereunder submitted to the County Council by the Councillors shown incorporating any factual briefings or position statements on each prepared by the relevant Head of Service to facilitate the Cabinet’s discussion of each Notice of Motion.

 

(a)  State Pension Arrangements for Women

 

[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]

 

(Councillor Connett attended in accordance with Standing Order 8 and Councillors Biederman, Julian and Westlake in accordance with 25(2) and spoke to this item).

 

The following Notice of Motion submitted to the County Council by Councillor Connett had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

"The Council calls upon the Government to make fair transitional state pension arrangements for all women born on or after 6th April 1951, who have unfairly borne the burden of the increase to the State Pension Age (SPA) with lack of appropriate notification.

 

Hundreds of thousands of women had significant pension changes imposed on them by the Pensions Acts of 1995 and 2011 with little/no/personal notification of the changes. Some women had only two years notice of a six-year increase to their state pension age.

 

Many women born in the 1950's are living in hardship. Retirement plans have been shattered with devastating consequences. Many of these women are already out of the labour market, caring for elderly relatives, providing childcare for grandchildren, or suffer discrimination in the workplace so struggle to find employment. Women born in this decade are suffering financially. These women have worked hard, raised families and paid their tax and national insurance with the expectation that they would be financially secure when reaching 60. It is not the pension age itself that is in dispute - it is widely accepted that women and men should retire at the same time. The issue is that the rise in the women's state pension age has been too rapid and has happened without sufficient notice being given to the women affected, leaving women with no time to make alternative arrangements.

 

The Council calls upon the Government to reconsider transitional arrangements for women born on or after 6th April 1951, so that women do not live in hardship due to pension changes they were not told about until it was too late to make alternative arrangements.”

 

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’s factual briefing/position statement on the matter, the relevant Cabinet Members’ willingness to endorse appropriate  representations being made and action already taken so to do and any suggestions or alternatives or  ...  view the full minutes text for item 74.

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75.

People's Scrutiny Committee: Small Schools Task Group pdf icon PDF 239 KB

The People’s Scrutiny Committee at its meeting on 5 September  2016 (Minute *16) considered the Report of the Task Group (CS/16/31) examining the issues faced by small schools and outlining proposals to help them meet the challenges facing them in the future, which were commended to Cabinet.

 

Recommendation: that the Task Group’s proposals be endorsed and the Head of Education & Learning take all appropriate action, working with partner organisations, to give effect thereto, reflecting also the recent changes to the Government’s Education White Paper Education Excellence Everywhere’.

Additional documents:

Minutes:

(Councillors Connett, Hannan, Julian and Randall Johnson attended in accordance with Standing Order 25(2) and spoke to this item).

 

The Cabinet noted that the People’s Scrutiny Committee had, at its meeting on 5 September  2016 (Minute *18), considered the Report of the Task Group undertaken (CS/31/16) examining the issues faced by small schools, outlining proposals to help them meet the challenges facing them in the future, which it had commended to Cabinet.

 

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

 

RESOLVED that the Task Group be thanked for its excellent Report and the proposals therein be endorsed and the Head of Education & Learning take appropriate action to give effect thereto.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STANDING ITEMS

Additional documents:

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76.

Minutes pdf icon PDF 69 KB

(a) Devon Authorities Strategic Waste Joint Committee – 29 June 2016.

 

[NB: Minutes of County Council Committees are published on the Council’s Website at: http://democracy.devon.gov.uk/ieDocHome.aspx?bcr=1]

 

Additional documents:

Minutes:

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

 

RESOLVED that the Minutes of the Devon Authorities Strategic Waste Joint Committee held on 29 June 2016 and any recommendations to Cabinet therein be approved:

 

[NB: Minutes of County Council Committees are published on the Council’s Website at: http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm . ]

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77.

Delegated Action/Urgent Matters pdf icon PDF 50 KB

 

The Registers of Decisions taken by 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 attached.

 

Additional documents:

Minutes:

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/.

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78.

Forward Plan

In accordance with the Council’s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) 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 ]

 

Additional documents:

Minutes:

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

KEY DECISIONS

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79.

Provision of the Youth Service for Devon (Minute 401/14 October 2016) pdf icon PDF 92 KB

Report of the Strategic Director, Place (SPL/16/2) on the procurement process for awarding a contract for the future delivery of the Youth Service, attached. 

 

Additional documents:

Minutes:

(Councillors Biederman, Connett and Hannan attended in accordance with Standing Order 25(2) and spoke to this item).

                 

The Cabinet considered the Report of the Strategic Director, Place (SPL/16/2) on the background to, process for and evaluation of offers for procuring and/or awarding a contract for the future delivery of the Youth Service in Devon. In accordance with the Council’s previous decisions, invitations to tender had been sought in June 2016 year for an employee-led public service mutual or other social enterprise from organisations able to demonstrate their objective was the pursuit of a public service mission linked to the delivery of the service; that profits would be reinvested and/or distributed on participatory considerations and that ownership of the organisation was based on employee ownership/participatory principles or required the active participation of employees, service users or stakeholders.  The Report summarised the responses to the invitation to tender and the process of their evaluation leading to a formal recommendation for the award of a contract. 

 

Members noted that the Council would retain responsibility for the Youth Service while commissioning the new organisation to deliver it on the Council’s behalf.  Young people had been consulted upon the proposed changes and the options for its future through a variety of means, fora and representative groupings.  The Corporate Services Scrutiny Committee had also been afforded an opportunity to comment on the draft specification and the mandatory questions for tenderers.

 

The Head of Service’s Report also incorporated an Impact Assessment relating to the possible impacts of the proposal - and, in particular, of divesting the youth service for Devon to an employee-led public service mutual or other social enterprise - 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.  The Assessment highlighted the potential for any such divestment to increase social value as the provider of the youth service would be well placed to develop new, innovative partnerships - thereby increasing the social value it delivered.  In addition, opportunities for staff to engage with community and voluntary organisations would increase levels of volunteering across Devon, the sense of community ownership of the youth service for Devon would increase and all these elements would lead to a growth in social capital. The Assessment therefore recognised the positive impact of the Strategy and that  no unmanageable impacts had been identified.

 

It was then MOVED by Councillor Hart, SECONDED by Councillor Hughes and

 

RESOLVED that the press and public be now excluded from the meeting during subsequent discussion on this matter under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial or business  ...  view the full minutes text for item 79.

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80.

Highways Term Maintenance Contract 2017/27 (Minute *340/13 May 2015) pdf icon PDF 151 KB

Report of the Head of Highways, Capital Development & Waste (HCW/16/67) on the procurement process for awarding a new Highways Term Maintenance Contract, for services currently provided by South West Highways,attached. 

 

Additional documents:

Minutes:

(Councillors Brazil, Connett, 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/16/67) on the background to, process for and evaluation of tenders for procuring and/or awarding a new Highways Term Maintenance Contract. The Council’s current Highways Term Maintenance Contract was being provided by South West Highways and was due to expire in March 2017.  

 

The Head of Services’ Report referred to the decisions previously made relating to continued delivery of the service and outlined the procurement process leading to this stage to secure the best overall tender and his recommendation that the next Highways Term Maintenance Contract should be awarded to the successful tenderer for the period 1 April 2017 to 31 March 2024, with extension options to 2027.   Independent assurance had been received to confirm that the procurement process had been robust and that current procurement regulations for selecting tenderers, compiling contract documents, negotiating with tenderers and tender evaluation had been strictly adhered to, to ensure best value.

 

The Head of Service reported that the new contract had been designed to reflect research on industry best practice and experience and learning over recent years so as to ensure that the new contract provided both value for money and a good service to Devon’s communities and users of the local highway network.  In producing the contract documents, use had also been made of documentation from the Highways Maintenance Efficiency Programme, a Department for Transport funded and sector led transformation programme.

 

The Cabinet had previously decided that, to benefit from collaborative working, the Term Maintenance Contract should be jointly procured with Plymouth City Council and Somerset County Council. Whilst joint authority working had therefore been an essential part of the new contract, it had also been agreed that to enable partner authorities to work together without any loss of autonomy, procurement should be for three separate lots resulting in three separate but aligned contracts - one for each Council’s administrative area - rather than a single combined  contract.  Tenderers were therefore permitted to submit bids for one or more than one lot, resulting in one or more possible multi-lot bids. Each Council would however, ultimately, have its own specific contract. Moreover, any multi-lot bid could ultimately only be awarded if all affected Councils were to independently agree to award such a contract and, in line with the principles agreed at the outset of the process, that any such ‘multi-lot’ bid could only be accepted where it would place a Council in a better position than it could have achieved on its own.

 

Members were advised that the three Councils had chosen to follow the procurement procedure known as ‘Competitive Procedure with Negotiation’ which would enable individual Councils to award the contract for its area after initial tenders had been received, if each so chose.  This process had been followed as it was well suited to meeting the  ...  view the full minutes text for item 80.


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