Agenda and minutes

Minutes of the meeting held on 9 November 2016 (previously circulated).

RESOLVED that the minutes of the meeting held on 9 November 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.

There was no announcement by the Chairman at this meeting.

The Chairman was presented, by a Ms D Corp, with a petition organised by the Blackdown Hills Action Group containing 924 signatures (including approximately 500 signatures of residents of the administrative County of Devon)  urging the Council to withdraw the proposed scheme for the improvement of the A30 and come forward with more modest proposals that would meet local needs without inflicting unacceptable harm on the Blackdown Hills AONB.

Members would have regard to this petition, alongside all consultation responses received, during the Cabinet’s consideration of that matter at this meeting (Minute *118 below refers), accepting that the Petition had not yet been verified or validated in line with the Council’s Petition Scheme.

There was no question from a Member of the Council.

Report of the County Treasurer (CT/16/81) on the preparation of the Council’s Budget for 2017/18, the Provisional Local Government Settlement for forthcoming year and on proposed service expenditure targets, attached.

(Councillors Connett, Hannan, 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/16/81) on the preparation of the Council’s Budget for 2017/18 noting that the Secretary of State for Communities & Local Government had - at the time this Report had been prepared - yet to announce details of the provisional Local Government Settlement for 2017/18.

Members acknowledged that Government had previously offered some certainty of funding for the period 2016/17 to 2019/20 where Local Authorities had submitted an Efficiency Statement. The County Council had taken up that option and its efficiency statement had been accepted, meeting the criteria for the four year settlement.  Nonetheless, the provisional settlement was still important to provide assurance that the settlement figures for 2017/18 did not differ significantly from those previously provided or had not been amended because of other factors or recent events.

The Cabinet noted that the Chancellor of the Exchequer’s Autumn Statement, made on 23 November 2016, had been silent on Adult Social Care funding or funding for local government services and there had as yet been no specific announcement relating either to Council Tax precept or continuation of the Adult Social Care precept allowed in 2016/17. 

The Provisional Finance Settlement would, as usual, be subject to a period of consultation and the final settlement was not expected until late January or early February. While the  timing of the Final Settlement was not known it was nonetheless anticipated, based on precedent, that it would be received in sufficient time for consideration at the scheduled budget meetings in February 2017. The level of Council Tax increase that would  trigger a referendum was expected to remain at 2% but this was also subject to confirmation.

Notwithstanding the lack of clarity referred to above, and the inherent uncertainty around the provisional settlement, the Cabinet was recommended to adopt service targets based on it being broadly in-line with the indicative settlement received in February 2016.  Members were advised that the County Treasurer would report further to the next Cabinet meeting should it be necessary so to do; there being at this stage no need to change the subsequent timetable for consideration and determination of the budget. The setting of service targets as now recommended was acknowledged as the beginning of a process of determining the County Council’s budget which, following a period of consultation within the Council and externally, would culminate in the Cabinet, on 10 February 2017, formulating a budget for consideration by the County Council on 16 February 2017.

Cabinet Members referred to continuing representations made to Government direct and via Devon Members of Parliament about the Council's budgetary position and on funding for specific service areas such as education and health and social care and, in the case of the latter, also on the need for transitional funding and the desirability of early allocation of  Better Care Funding.

The matter having been debated and the options and/or alternatives  ...  view the full minutes text for item 115.

Report of the Head of Planning, Transportation & Environment  (PTE/16/65) seeking scheme and estimate approval to a flood improvement scheme,attached.

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

(Councillor Moulding declared a personal interest in this matter by virtue of being the Honorary President of the Cloakham Lawn Sports Centre situated in the vicinity of the area at risk of flooding).

The Cabinet considered the Report of the Head of Planning, Transportation & Environment (PTE/16/65) seeking scheme and estimate approval to the second phase of the Millbrook flood improvement scheme in Axminster, due to start in January 2017, to significantly reduce the risk to over 160 properties by the Millbrook and the frequency of flooding experienced there on a number of occasions in recent years, The Axminster Millbrook catchment was considered to be one of the Council's highest priorities for flood improvement works.

The scheme now proposed would cost in the order of £490,000 and would include enlarging  the existing culvert under Willhay Lane,  extending it under the London to Waterloo railway line, installing a tree catcher upstream from the culvert to prevent blockage and widening the channel downstream of the railway.  Phase 1 of the scheme (which had included the construction of a flood defence wall upstream of the Willhay Lane culvert) had been undertaken in 2015 and this scheme was included as an essential partnership contribution towards the overall scheme and the consideration of Defra Flood Defence Grant in Aid.

The Head of Service advised that the Council’s request for additional Defra Flood Defence Grant in Aid (FDGiA) for this scheme of £321,000, as shown at paragraph 5 of his Report, had now been approved resulting in a total of £561,000 FDGiA having been made towards the cost of this scheme.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, equality, public health, risk  management and legal considerations) 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 Hart, and

RESOLVED

(a) that approval be given to the Axminster Millbrook Flood Improvement scheme at an estimated cost of £998,000;

(b) that the Planning, Transportation and Environment 2016/17 capital programme be increased by £490,000 through additional funding of £100,000 from the County Council’s revenue budget for flood prevention works, £50,000 from the Planning, Transportation & Environment revenue flood risk management budget, £240,000 from external grants and £100,000 from external contributions;

(c) that, further, the Planning, Transportation and Environment 2017/18 capital programme be also increased by £371,000 through additional funding of £321,000 from external grants and with £50,000 to be committed from the County Council’s revenue budget for flood prevention works.

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 relevant Cabinet Member then responded to a question from a member of the public on the proposed improvement  of the A30, responding orally to a supplementary question arising from the above. The Chairman would also respond direct to a further question on the same matter from another member of the public who was not present at  the meeting. 

[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].

Report of the Head of Planning, Transportation & Environment  (PTE/16/66) on preparatory work undertaken and upon the outcome of consultations on a preferred route for a scheme of improvement to the A30/A303 between Honiton and the Devonshire Inn, attached.

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

(Councillor Diviani declared a personal interest in this matter by virtue of being an East Devon District Council and Chairman of the Blackdown Hills AONB).

The Cabinet considered the Report of the Head of  Planning, Transportation & Development  (PTE/16/66) summarising work undertaken in the preceding year and the outcome of consultations held during August and September of 2016 on possible options for the improvement of the A30 between Honiton and Devonshire Inn; culminating in the proposal now submitted for a preferred route to be taken forward in an Outline Business Case for  submission to the Department for Transport. 

The Head of Service's Report outlined inter alia (a) the background to and the recognised need for the improvement of  the A30 for a number of factors (including  improving journey times, quality and reliability, route resilience and encourage economic growth in the area, (b)  the issues around and complexity of identifying the most beneficial solution (c) the outcome  of consultations held locally in recent months and (d) the involvement  of key stakeholders and other  partners (e.g. Blackdown Hills AONB, East Devon District Council, Town & Parish Councils, Natural England, Historic England, the CPRE and the Environment Agency), throughout the process of development. 

The Cabinet noted that, in respect of the public consultations referred to above, some 887  responses had been received. 53% of respondents agreed with the need for the scheme based upon the current road standard and safety.  56%  of those opposing any scheme did so because they favoured an alternative, such as the A358 scheme or dualling which had in some instances already been discounted by Government.   Of the 53% of respondents that agreed there was a need for a scheme, 44% preferred the Orange route and 23% were content with any of the suggested options: in total therefore 67% of those in favour had expressed support for the Orange route as the preferred route.

Cabinet Members also reported the receipt of further representations received from members of the public -  for and against improving the A30 in this area – and, in accepting that was merely the start of a long process, emphasised it gave weight  to the Council’s commitment to  securing and retaining two strategic highways routes into Devon and the South West.

There was general agreement amongst stakeholders and others such as the Heart of the SW LEP and Devon & Cornwall Business that the route needed improvement while the Blackdown Hills AONB and CPRE expressed concerns with the environmental impact of both routes suggested,  suggesting further work was needed to test less intrusive options.

The Head of Service’s Report commented in detail upon all representations received and, notwithstanding the significant work undertaken to minimise the impact of the scheme on the AONB, acknowledged that further identification of mitigation and compensatory measures would  be undertaken as the scheme progressed.

The proposal now before the Cabinet was for a preferred route option  ...  view the full minutes text for item 118.

The Development Management Committee on 23 November 2016 (Minute 28) considered the Report of the Head of Planning, Transportation and Environment (PTE/16/57) on the adoption of the Devon Minerals Plan in light of the findings of the Inspector and resolved:

(a) that the conclusions and recommendations of the Inspector’s report on the Examination of the Devon Minerals Plan be noted;

(b) that the Devon Minerals Plan and associated Policies Map be endorsed for consideration by Cabinet on 14 December 2016 and adoption formally by the County Council on 16 February 2017, respectively, which incorporate the main modifications recommended by the Inspector and the additional modifications that were consulted upon by the Council;

(c) that the Head of Planning, Transportation and Environment be authorised to make further additional modifications prior to adoption of the Devon Minerals Plan and Policies Map that may be required to address factual errors, minor updates and formatting matters; and

(d) that the additional documents proposed in 6.1 of Report PTE/16/57 to assist implementation of the Devon Minerals Plan and the provision for further reports to the Committee be noted.

Recommendation: that the advice of the Development Management Committee (Minute 28/23 November 2016 refers) be accepted and the Devon Minerals Plan and associated Policies Map be endorsed and adopted formally by the County Council on 16 February 2017.

(Councillor Julian attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet noted that the Development Management Committee had, on 23 November 2016 (Minute 28), considered the Report of the Head of Planning, Transportation and Environment (PTE/16/57) on the adoption of the Devon Minerals Plan in light of the findings of the Inspector and had resolved:

(a) that the conclusions and recommendations of the Inspector’s report on the Examination of the Devon Minerals Plan be noted;

(b) that the Devon Minerals Plan and associated Policies Map be endorsed for consideration by Cabinet on 14 December 2016 and adoption formally by the County Council on 16 February 2017, respectively, which incorporate the main modifications recommended by the Inspector and the additional modifications that were consulted upon by the Council;

(c) that the Head of Planning, Transportation and Environment be authorised to make further additional modifications prior to adoption of the Devon Minerals Plan and Policies Map that may be required to address factual errors, minor updates and formatting matters; and

(d) that the additional documents proposed in 6.1 of Report PTE/16/57 to assist implementation of the Devon Minerals Plan and the provision for further reports to the Committee be noted.

Having had regard to the advice of the Development Management Committee set out above:

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

RESOLVED

(a) that the advice of the Development Management Committee (Minute 28/23 November 2016 refers) be accepted and the Devon Minerals Plan and associated Policies Map be endorsed and adopted formally by the County Council on 16 February 2017;

(b) that the Cabinet place on record it appreciation of the efforts of all those Officers involved in the preparation and approval of this Plan.

The Health & Wellbeing Scrutiny Committee at its meeting on 8 November 2016 (Minute 31) received and commended the Report of this Joint Task Group (comprising representatives of the County Council’s Health & Wellbeing and People’s Scrutiny Committees, Torbay Community Services Review Panel and the Plymouth Wellbeing Scrutiny Committee)  convened as part of the on-going work to understand and scrutinise the activities in localities that followed the Sustainability and Transformation Plan. Report (CS/16/34) attached.

Recommendation: that the Task Group’s Report be welcomed and endorsed as an helpful and informative piece of work.

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

The Health & Wellbeing Scrutiny Committee at its meeting on 8 November 2016 (Minute 31) had received and commended the Report of this Joint Task Group (CS/16/34) (comprising representatives of the County Council’s Health & Wellbeing and People’s Scrutiny Committees, Torbay Community Services Review Panel and the Plymouth Wellbeing Scrutiny Committee)  convened as part of the on-going work to understand and scrutinise the activities in localities that followed the Sustainability and Transformation Plan.  The Task Group Report had  acknowledged both the support for the Model of Care (for better outcomes for patients and for more intensive rehabilitation) and the continuing role of Scrutiny as development of the STP continued and individual areas consulted on changes; ensuring upper tier authorities would have a role in ensuring that the voice of the public continued to be heard.

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

RESOLVED that the Task Group’s Report be welcomed and endorsed as an helpful and informative piece of work.

Report of the County Treasurer (CT/16/102) outlining the Council's Treasury and Debt Management activities during the first half of the 2016/17 financial year previously considered and endorsed by the Corporate Services Scrutiny Committee on 28 November 2016, attached.

(Councillors Connett 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/16/102) outlining the Council’s Treasury and Debt Management activities undertaken during the first half of 2016/17 in line with the CIPFA Code of Practice which had been considered and endorsed by the Corporate Services Scrutiny Committee on 28 November 2016. 

The County Treasurer’s Report had confirmed that there were no particular issues to draw to the attention of the Cabinet as part of that process.  There had been no long term borrowing to date in the current year and it was not anticipated there would be any need for any new borrowing during the remainder of the current financial year.  While some short term borrowing had been required to date there had ultimately been a financial gain to the Council through re-investment of those funds at a higher rate. The Report confirmed that estimated investment income for the current year would also be achieved.

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 Mid-Year Stewardship Report for the 2016/17 financial year be noted and welcomed. 

The Annual Report of the Devon Safeguarding Adult Board charting progress within Devon of national expectations and safeguarding activity, which will also be presented to the Health & Wellbeing Board and the People’s Scrutiny Committee on 15 December 2016 and 5 January 2017 respectively, is enclosed separately for information and discussion.

Ms Sian Walker, Independent Chairman of the DASB will attend to present the Annual Report and respond to any questions.

[NB: The Safeguarding Board Annual Report will also be available, in due course, at: http://www.devonsafeguardingchildren.org/].

The Chairman advised that consideration of this item would be deferred to a future meeting: the Chairman of the Devon Safeguarding Adults Board being unable to attend the meeting that day through illness.

(a)        Devon Audit Partnership – 16 November 2016, attached;

(b)        Farms Estate Committee -  30 November, 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 following and any recommendations to Cabinet therein be approved:

(a)        Devon Audit Partnership – 16 November 2016, attached;

(b)        Farms Estate Committee -  30 November, attached.

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

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.

The Registers of Decisions taken by Members and property transactions approved by NPS 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 (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 ]

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) .