Agenda and minutes

Minutes of the meeting held on 8 November 2017 (previously circulated).

RESOLVED that the minutes of the meeting held on 8 November 2017 be signed as a correct record.

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

(An item taken under Section 100B(4) of the Local Government Act 1972).

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

The Chair had decided that the Cabinet should consider this item as a matter of urgency, in order that it could be informed of the Council’s response to the Consultation, in view of the deadline to respond to the Consultation. A briefing note had been circulated for the information of those attending the meeting, also appended to these minutes.

South Western Railway (SWR) had launched a consultation on their December 2018 timetable on 29th September, closing on 22nd December. Passengers in Devon were primarily affected by changes to the Exeter – Waterloo service although many would also have an interest in connecting services to other destinations on the SWR network.

The Cabinet noted that whilst a number of smaller changes were proposed, many of which were positive for Devon, the primary issue of concern was the option to drop calls on Exeter services at Clapham Junction.

The County Council had already responded to the consultation stating its clear preference that the Clapham Junction stop was retained on all services but that on balance the Woking stop could be dropped. Officers would continue to liaise with SWR to ensure the reasons were clearly understood.

In addition, the Peninsula Rail Task Force would also be responding and was likely to support the County Council’s stance. The Heart of South West LEP was expected to do the same.

It was not yet known how other authorities and stakeholders along the line would respond but there seemed to be a general acceptance on the importance of the Clapham Junction stop.

There was no announcement by the Chair at this meeting.

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 County Treasurer (CT/17/106) on the impact of the Provisional Local Government Settlement for the forthcoming year on the preparation of the 2018/2019 budget and affirmation / reaffirmation of service expenditure targets. Report to follow.

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

The Cabinet considered the Report of the County Treasurer (CT/17/106) on the impact of the Provisional Local Government Settlement for the forthcoming year, on preparation of the 2018/2019 budget and affirmation / reaffirmation of service expenditure targets.

Members noted that at the time of writing the report, the Secretary of State for Communities and Local Government had not announced the Provisional Local Government Settlement for 2018/19. Whilst the exact date of the announcement was not known, it had to be before the House of Commons rose for the Christmas recess on the 21st December. Should the timing of the Final Settlement follow the same pattern as last year then it should be received in sufficient time for consideration at the scheduled Cabinet and Council budget meetings in February 2018.

The Cabinet further noted that the level of Council Tax increase that would trigger a referendum was expected to remain at 2%.

The Adult Social Care Precept regulations were also expected to remain unchanged. In 2016/17, the Social Care Precept was capped at 2% per annum for the period 2016/17 to 2019/20. Members also recalled that Government changed those regulations last year and allowed Authorities to increase the precept to a maximum of 3% per annum over the period 2017/18 to 2019/20, as long as the total increase over the three years did not exceed 6%.

The Council increased the Adult Social Care Precept by 3% in 2017/18, so if the rules remained (and the Adult Social Care Precept was increased by 2% in 2018/19), there could only be a 1% increase in 2019/20; Likewise, if the Adult Social Care Precept was increased by 3% in 2018/19 then there could be no increase in 2019/20.

The Chancellor of the Exchequer’s Autumn Statement (on 22nd November 2017) presented very little specific to Local Government other than in relation to Business Rates (the change in the annual inflationary increase from RPI to CPI had been brought forward by two years to 1st April 2018), Empty Property Council Tax (Government would legislate to allow a 100% council tax premium to be charged on empty properties) and the National Living Wage.

The Report also outlined the 2018/19 100% Business Rate Retention Pilots and the Council’s application to become a pilot area and that the Government was expected to announce which applications had been successful at the time of the Provisional Settlement announcement.

Cabinet also noted the additional Improved Better Care Fund Grant for authorities with Adult Social Care responsibilities which meant, in round terms, an extra £15m in the current year, £10m in 2018/19 and £5m in 2019/20. The Government required the grants to be pooled in the Better Care Fund but used for Adult Social Care purposes.

In terms of the 2018/19 Targets, in the absence of the Provisional Settlement, there was inherent uncertainty. Whilst in 2016/17 Councils were given funding figures for the  ...  view the full minutes text for item 93.

Report of the County Treasurer (CT/17/103) outlining the Council's Treasury and Debt Management activities during the first half of the 2017/18 financial year previously considered and endorsed by the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 28 November 2017, attached.

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

The Cabinet considered the Report of the County Treasurer (CT/17/103) outlining the Council’s Treasury and Debt Management activities undertaken during the first half of 2017/18 in line with the CIPFA Code of Practice which had been considered and endorsed by the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 28 November 2017. 

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.

In summary, the Report stated that no long term or short term borrowing had been undertaken to date in 2017/18 and that the expectation was that no new borrowing would be required during the remainder of the 2017/18 financial year; and investment income was forecast to over-achieve against the budget target of £750,000 in 2017/18.

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 2017/18 financial year be noted and welcomed.

In considering the Report of the Chief Officer for Communities, Public Health, Environment and Prosperity and also the Report of the Head of Adult Commissioning and Health, on how the Council’s strategic objectives were being delivered, the mid-year budget position and future strategic issues for this service area, the Health and Adult Care Scrutiny Committee at its meeting on 21 November  2017 (Minute 26) resolved that ‘the Cabinet be requested to lobby Government for ‘fair funding’ in respect of both the County Council’s Public Health Grant and for Adult Social Care and Health Services’.

Recommendation:  That the views of the Health and Adult Care Scrutiny Committee be welcomed and endorsed and Cabinet make representations, as appropriate, in respect of the County Council’s Public Health Grant and for Adult Social Care and Health Services.

The Cabinet noted that in considering the Report of the Chief Officer for Communities, Public Health, Environment and Prosperity and also the Report of the Head of Adult Commissioning and Health, on how the Council’s strategic objectives were being delivered, the mid-year budget position and future strategic issues for these service areas, attached, the Health and Adult Care Scrutiny Committee at its meeting on 21 November  2017 (Minute 26) resolved that ‘the Cabinet be requested to lobby Government for ‘fair funding’ in respect of both the County Council’s Public Health Grant and for Adult Social Care and Health Services’.

The Cabinet Member for Adult Care and Health commended the suggestion to the Cabinet.

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

RESOLVED that the views of the Health and Adult Care Scrutiny Committee be welcomed and endorsed and Cabinet make representations, as appropriate, in respect of the County Council’s Public Health Grant and for Adult Social Care and Health Services.

In considering the Report of the Chief Officer for Children’s Services(CS/17/34) on the areas of specific pressures on budgets, potential under and over-spending in the current financial year and on action being taken at its meeting on 16^th November 2017 (Minute 23) resolved that the ‘Cabinet be recommended to lobby Government on updating legislation regarding school transport due to the large pressures faced by rural counties in providing specialist transport provision.

Recommendation:  That the views of the Children’s Scrutiny Committee be welcomed and Cabinet make representations, as appropriate, with regard to the updating of legislation on school transport (in light of the pressures faced by rural counties in specialist transport provision), but noting also the potential constraints of the parliamentary timetable.

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

The Cabinet noted that the Children’s Scrutiny Committee in considering the Report of the Chief Officer for Children’s Services(CS/17/34) on the areas of specific pressures on budgets, potential under and over-spending in the current financial year and on action being taken at its meeting on 16^th November 2017 (Minute 23) resolved that the ‘Cabinet be recommended to lobby Government on updating legislation regarding school transport due to the large pressures faced by rural counties in providing specialist transport provision’.

The Cabinet Member for Children’s Services and Schools commended the suggestion to Cabinet, advising he was meeting MP’s in London in the new year.

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

RSOLVED that the views of the Children’s Scrutiny Committee be welcomed and Cabinet make representations, as appropriate, with regard to the updating of legislation on school transport (in light of the pressures faced by rural counties in specialist transport provision), but noting also the potential constraints of the parliamentary timetable.

In considering the Report of the Spotlight Review on the Impact of Changes to Local Policing and consideration of the potential impact that changes to local policing may have, the Corporate Infrastructure and Regulatory Services Scrutiny Committee at its meeting on 28^th November 2017 (Minute 35) resolved that the ‘the report and recommendations of the Spotlight Review be endorsed and commended to the Cabinet, subject to an additional bullet point at Recommendation 5 to read, “in partnership with the County Council, push for the powers of Civil Enforcement Officers to be extended, to allow them to deal with static and moving traffic offences”.

Recommendation:  that the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for its Spotlight review and the report and recommendations of the review be endorsed, including the additional bullet point at Recommendation 5 to read, “in partnership with the County Council, push for the powers of Civil Enforcement Officers to be extended, to allow them to deal with static and moving traffic offences”.

Cabinet will forward the report and recommendations to the Chief Constable and the Police & Crime Commissioner (PCC) for Devon & Cornwall Police, for their consideration and request the report be fed into the Police’s Project Genesis review.

Councillors Hannaford, Dewhirst, Biederman and Atkinson attended in accordance with Standing Order 25(2) and spoke to this item.

The Cabinet considered the Report of the Spotlight Review on the Impact of Changes to Local Policing and consideration of the potential impact that changes to local policing may have and the views of the Corporate Infrastructure and Regulatory Services Scrutiny Committee (28^th November 2017 (Minute 35)) that ‘the report and recommendations of the Spotlight Review be endorsed and commended to the Cabinet, subject to an additional bullet point at Recommendation 5 to read, “in partnership with the County Council, push for the powers of Civil Enforcement Officers to be extended, to allow them to deal with static and moving traffic offences’.

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

RESOLVED

(a) that the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for its Spotlight review and the Report and recommendations of the Review be endorsed, including the additional bullet point at Recommendation 5 to read, “in partnership with the County Council, push for the powers of the Local Authority including Civil Enforcement Officers to be extended, to allow them to deal with static and moving traffic offences”;

(b) that Cabinet forward the Report and recommendations to the Chief Constable and the Police & Crime Commissioner for Devon & Cornwall Police, for their consideration and request the Report be fed into the Police’s Project Genesis review; and

(c) that a copy of the Report be sent to PATROL (Parking and Traffic Regulations Outside London ) Committee for their support on the issue.

There was no question from a Member of the public.

Minutes of the bodies shown below are circulated herewith for information or endorsement as indicated therein:

i)              Devon Authorities Strategic Waste Committee – 1 November 2017

ii)             SACRE – 15 November 2017

iii)            Devon Audit Partnership – 15 November 2017

iv)            Devon Education Forum – 23 November 2017 – Cabinet is asked to endorse Minute 54(a) i-iv on proposals for the 2018-19 schools revenue funding formula.

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

Minutes of the Devon Education (Schools) Forum:  

Minutes of the South West Waste Partnership

Minutes of the Devon & Cornwall Police & Crime Panel

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

RESOLVED that the Minutes of the following and any recommendations to Cabinet therein be approved.

i)              Devon Authorities Strategic Waste Committee – 1 November 2017

ii)             SACRE – 15 November 2017

iii)            Devon Audit Partnership – 15 November 2017

iv)            Devon Education Forum – 23 November 2017

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).