{meta} Agenda for Cabinet on Wednesday, 13th June, 2018, 10.30 am

Agenda and minutes

Venue: Committee Suite - County Hall

Contact: Karen Strahan, 01392 382264  Email: karen.strahan@devon.gov.uk

Webcast: View the webcast

Items
Note No. Item

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184.

Minutes

Minutes of the meeting held on 16 May 2018 (previously circulated).

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on 16 May 2018 be signed as a correct record.

 

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185.

Items Requiring Urgent Attention

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

 

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Minutes:

There was no item raised as a matter of urgency.

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186.

Announcements

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Minutes:

There was no announcement by the Chair at this meeting.

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187.

Petitions

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Minutes:

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

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188.

Question(s) from Members of the Council pdf icon PDF 69 KB

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Minutes:

In accordance with the Cabinet Procedure Rules, the Leader and relevant Cabinet Member responded to two questions from Members of the Council on discharges from acute hospitals; and actions, taken or planned, to support the retention of the Royal Marines and their bases in Devon.

 

The Leader also responded orally to a supplementary question 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]

KEY DECISIONS

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189.

Future Direction of Highway Network Management pdf icon PDF 111 KB

Report of the Head of Highways, Infrastructure Development and Waste (HIW/18/35) on the key traffic management operational issues requiring development and implementation across the County, attached.

 

An Impact Assessment is also attached.

 

Additional documents:

Minutes:

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

 

The Cabinet considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/18/35) which provided an overview of key traffic management operational issues requiring development and implementation across the County in the coming years to ensure the safe and expeditious movement of traffic on the highway network, which had been circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

 

The Report highlighted that the Devon Network Management Plan had been adopted by the County Council in November 2008, the purpose of which was to provide the strategic direction of the Council in discharging its Statutory Duty of the Traffic Management Act.  The ethos of the Plan remained in ensuring the expeditious movement of traffic on the network, however, it was considered some key areas required revisiting to determine how the highway network was managed in the future.

 

The Report outlined four key proposals and well as other ongoing work streams which may require a change of policy position in the future, for example a refreshed Network Management Plan should a Roadworks Permit scheme be pursued, electric vehicle charging points, the impact of autonomous vehicles, national legislation on “pavement” parking and emerging technology.

 

The first proposal related to the Management of Roadworks. The Council currently worked to a noticing system where the Council was notified of planned works. An alternative approach was a highway permit scheme, whereby instead of giving notice of works, ‘approval to work’ was sought by works promoters from the highway authority to work on the highway and a ‘permit to work’ was issued, or not.  Permits had an associated fee, set within maximums prescribed by the Department for Transport (DfT) and various conditions could be attached. DfT estimated that Authorities introducing such schemes tended to see a reduction in disruption of between 5-10% due to a greater control of works by the Highway Authority.  The Report gave further background information on Roadworks Permit schemes at Appendix I.

 

The second proposal was in relation to persistent evaders of civil parking enforcement. The Council had been delivering Civil Parking Enforcement service in-house for four years and had evidence of a number of UK vehicles and foreign registered vehicles repeatedly found contravening parking restrictions and owners not engaging with the appeals process or paying their penalty charges and associated costs.  The potential value of the outstanding debt being in the order of £400,000.

 

The proposal was to extend the Council’s enforcement activity to be able to remove or seize any vehicle, where the owner / keeper was identified as a persistent evader, where appropriate and in accordance with The Traffic Management Act 2004, The Road Traffic Regulation Act 1984 and the Secretary of State’s Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions to tackle this antisocial behaviour.  Fees  ...  view the full minutes text for item 189.

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190.

Honiton Primary School Capital Build pdf icon PDF 94 KB

Report of the Head of Planning, Transportation and Environment (PTE/18/20) on the capital funding proposals for the growth of Honiton Community Primary school, attached.

Additional documents:

Minutes:

(Councillors Connett, Hannaford and Shaw 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/18/20) circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 201 on the capital funding proposals for the growth of Honiton Community Primary School to deliver a single-phase build to ensure the school could expand from a 420 place to a 630 place school to meet demographic and housing needs in the area.

 

The Education Infrastructure Plan (EIP), approved by Cabinet on 16 October 2016 (PTE/16/47), included a proposal to expand Honiton Primary school and the Planning, Transportation and Environment capital programme included an allocation of £1.2m (CT16/12) to support a first phase of a project to expand the School by a total of 210 places. 

 

A new housing development had recently commenced in the Town, land west of Hayne Lane, Honiton which included a planning obligation to pay £2,840 per dwelling (index linked) towards enhancing primary education.

 

The Report outlined the original intention for a phased scheme due to uncertainties of the housing development and the potential risk of not securing the section 106 developer contributions. 

 

The total cost of a single-phase project was estimated at £2.7m of which £1.2m was already approved.  Due to the greater certainty of securing developer contributions of up to £852,000 (index linked), it was proposed to deliver the single-phase proposal, initially funded from £1.5m of unallocated basic need funding in the 2019-20 Planning, Transportation and Environment Basic Need Programme. The proposal would future proof primary provision in the Town for current and future housing growth and Cabinet was being asked to support the principle that retrospective developer contributions should be sought from future housing development in the area to recognise the forward funding of infrastructure.

 

The EIP had been through a consultative process including Headteacher and Governor Associations, the Schools Forum and Cabinet, detailed conversations with the Local Learning Community and local schools on the proposal and the local Member had been kept informed.

 

The proposal was included within the Education Infrastructure Plan 2016 - 2033 which included an Equality Impact Needs Assessment when approved by Cabinet in October 2016 available at: https://new.devon.gov.uk/impact/the-education-infrastructure-plan-2016-2033-revised/ which highlighted statutory duty of the Local Authority to secure sufficient educational provision in its area, to act as champions for all parents and families and support the most vulnerable children.

 

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 McInnes, SECONDED by Councillor Hart, and

 

RESOLVED

 

(a) that the revised project to expand Honiton Primary school be approved; and

 

(b) that the forward funding of additional primary places from the Basic Need capital allocation  ...  view the full minutes text for item 190.

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191.

Environmental Policy - New Strategy and Action Plan for Plastics pdf icon PDF 1 MB

Report of the Head of Planning, Transportation and Environment (PTE/18/21) on the Plastics Strategy and Action Plan, attached.

 

An Impact Assessment is also attached.

Additional documents:

Minutes:

(Councillors Connett, Dewhirst, Greenslade, Hannaford, Hodgson and Shaw 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/18/21) circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 on the proposed Plastics Strategy and Action Plan. 

 

The Plastics Strategy contributed to delivering Devon County Council’s over-archingEnvironmental Policy, which provided a framework for managing and improving the Council’s environmental performance.  The Board also ensured that strategies and action plans were developed and implemented to deliver it.

 

The Report referred to an earlier Notice of Motion from Councillor Biederman calling for the Council to remove single-use plastic items from its premises which had RESOLVED that the Council provided leadership in avoiding single-use plastic items to achieve a ‘Plastic Free Coastline’, and further committed to addressing the issue further through the Authority’s environmental performance agenda.

 

The Plastics Strategy and Action Plan, attached at appendix 1 to the Report was the Council’s response to the issue of plastics accumulating in the environment.  The Strategy majored on single-use food and beverage packaging and tableware due to the prominence of this type of waste in marine plastic litter.  It had four strategic themes that considered how the Council could use its position and responsibility for service delivery to support collective action. The themes were:

 

·         Getting our own house in order;

·         Working with suppliers and contractors;

·         Helping raise awareness across Devon; and

·         Enabling Devon to take action.

 

The Review of the Council’s Single-Use Plastic Consumption, attached at Appendix 2 was the first completed action of that Action Plan and provided a baseline of the Council’s consumption of single-use food, beverage packaging, tableware and noted the disposal options available to staff.  It then described what action would be taken, where economically and practically viable to:

 

(1) remove all single-use plastic, food and beverage packaging and tableware by 2020; and

(2) ensure appropriate recycling routes were available to capture plastic.

 

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.

 

The assessment highlighted that the initiative would have no negative effects on equality considerations and had been designed with the objective of improving environmental outcomes.  This would have a subsequent flow of benefits for the health and happiness of the whole population and help maintain the flow of natural resources into the local economy.

 

The Cabinet heard that Governance arrangements were in place through the Environmental Performance Board and Environmental Performance Management Group which monitored project implementation quarterly and produced an annual Environmental Performance Statement.  ...  view the full minutes text for item 191.

MATTERS REFERRED

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192.

Torridge Locality Committee (27 April 2018; Minute 14); The Role of the Local Enterprise Partnership (LEP) and Economic Development Opportunities in Torridge

At its meeting on 27 April 2018 (minute 14 refers), the Torridge Locality Committee received a presentation from Mr Garcia, Chief Executive of the Local Enterprise Partnership relating to its annual report 2017.

 

The Committee RESOLVED ‘that the Cabinet be asked to agree that the Chair (in conjunction with the Head of Economy, Enterprise and Skills and the Head of External Affairs) draft a letter to all Devon and Somerset MPs to promote a unified approach to achieve fairer capital funding resources for the Heart of the South West LEP to meet the needs of rural communities in the region’.

 

Recommendation that a letter be drafted by the Head of Economy, Enterprise and Skills and the Head of External Affairs in consultation with the Cabinet Member for Economy and Skills and the Chair of the Torridge Locality Committee to be sent to all Devon and Somerset MPs to promote a unified approach to achieve fairer capital funding resources for the Heart of the South West LEP to meet the needs of rural communities in the region.

 

Additional documents:

Minutes:

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

 

The Cabinet considered the reference from the Torridge Locality Committee, which at its meeting on 27 April 2018 (minute 14 refers), following consideration of a presentation and annual report of the Local Enterprise Partnership, RESOLVED ‘that the Cabinet be asked to agree that the Chair (in conjunction with the Head of Economy, Enterprise and Skills and the Head of External Affairs) draft a letter to all Devon and Somerset MPs to promote a unified approach to achieve fairer capital funding resources for the Heart of the South West LEP to meet the needs of rural communities in the region’.

 

It was MOVED by Councillor Gilbert SECONDED by Councillor Hart and

 

RESOLVED that a letter be drafted by the Head of Economy, Enterprise and Skills and the Head of External Affairs in consultation with the Cabinet Member for Economy and Skills and the Chair of the Torridge Locality Committee, to be sent to all Devon and Somerset MPs to promote a unified approach to achieve fairer capital funding resources for the Heart of the South West LEP to meet the needs of rural communities in the region.

193.

Notice(s) of Motion referred from Council (Minute 103 - 106 and 108 - 109 of 24 May 2018) pdf icon PDF 167 KB

Report of the County Solicitor (CSO/18/21) on the Notices of Motion referred to the Cabinet by the County Council on 24 May 2018, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised.

 

(a)        Traffic on A35 at Wilmington

(b)        Gender Pay Gap in Devon

(c)        Adult Social Care Sector - Workforce Issues

(d)        Grammar Schools and Additional Funding

(e)        Customs Union and Sarah Wollaston MP Campaign

(f)         Stagecoach Southwest and Increased Fares

Additional documents:

Minutes:

(a) Traffic on A35 at Wilmington

 

Councillor Shaw attended in accordance with Standing Order 8 and Councillors Connett, Dewhirst and Hannaford attended in accordance with Standing Order 25(2) and spoke to this item).

 

The County Council expresses its concern about the effects of heavy traffic on the A35 on the people of Wilmington, East Devon, and other communities along the route. The Council notes that Highways England commissioned a report which recommended remedial measures for Wilmington, including two pedestrian crossings, which was published in April 2015, but three years later no decisions have been made to introduce any of these measures. The Council urges Highways England to give greater priority to improvements in Wilmington as a matter of urgency.

 

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally suggested and raised further concerns over the proposals being still awaited from Highways England. Members considered the Officer’s factual briefing note on the matter and their support for the recommendation now before the Cabinet, representations previously made and to actions now proposed or already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact):

 

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

 

RESOLVED that the County Council engages as a consultee with Highways England on their proposals for the A35 route corridor, and requests that the proposals are brought forward and implemented as soon as practicable.

 

(b) Gender Pay Gap in Devon

 

Councillor Atkinson attended in accordance with Standing Order 8 and Councillors Connett, Dewhirst, Hannaford and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

 

This Council is concerned about the gender pay gap in Devon (details available from the ONS gender pay gap website.) and understands that it needs to carry out further research into what is causing it and what needs to be done to address it for instance is it as a result of the concentration of women in occupations with lower hourly pay and/or part-time work. the so-called “glass ceilings”, fundamental stereotyping in gender roles in our societies from birth that lead to gendered economic roles and outcomes.

 

In view of cross party concern not only about gender pay gap but ethnicity and disability pay gaps this Council should review the ECHR report and recommendations set out in ‘Fair opportunities for all – A strategy to reduce pay gaps in Britain’ and other recent and planned reports and develop an action plan for Devon

 

Further the Council recognises that addressing these pay gaps is a fundamental part of improving productivity and economic outcomes for all and will ensure that this issue and research is included in the work of the Heart of the South West Joint Committee.

 

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally proposed and raised further  ...  view the full minutes text for item 193.

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194.

Question(s) from Members of the Public

Additional documents:

Minutes:

There was no question from a Member of the public.

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195.

Minutes pdf icon PDF 79 KB

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

 

Farms Estate – 15 May 2018

 

[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

 

Additional documents:

Minutes:

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

 

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

 

Farms Estate – 15 May 2018

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196.

Delegated Action/Urgent Matters pdf icon PDF 36 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 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/

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197.

Forward Plan pdf icon PDF 88 KB

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)