Agenda item

The following Notices of Motion submitted to the County Council by the following Councillors have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer it to another Committee or make a recommendation back to the Council:

 

(a)  Protect the Right to Free Camp on Dartmoor (Councillor Wrigley)

(b)  Forced Installation of Pre Payment Meters (Councillor Atkinson)

(c)  Special Education Needs (SEND) Budgets and Deficits (Councillor Atkinson)

(d)  Dartmoor National Park (Councillor Barnes)

(a) Protect the Right to Free Camp on Dartmoor - Councillor Wrigley

 

RESOLVED that the County Council:

 

(a) shares the concern expressed by this Notice of Motion (and the one submitted by Councillor Barnes) about the legal implications of this High Court ruling for the right to backpack camp on relevant parts of Dartmoor, particularly in the light of long-standing tradition of such activity and the resulting benefits for physical and mental wellbeing of connecting with nature in this way;

 

(b) endorses the actions taken by Dartmoor National Park Authority in its efforts to uphold the ability for the public to enjoy responsibly this activity on an ongoing basis, including its promotion of a ‘Backpack Camping Code’; and it is recognised that motorised vehicles, campervans and sleeping in cars is not included in the backpack camping code and will be subject to regulation and enforcement to avoid harm to Dartmoor’s moorland environment; and

 

(c) calls on the Secretary of Statement for the Environment to support appropriately these endeavours across relevant parts of the Dartmoor Commons.

 

(b) Forced Installation of Pre Payment Meters - Councillor Atkinson

 

RESOLVED that Council be recommended to:

 

(a) continue to work with and support local partners, including Team Devon Councils, the NHS and the voluntary and community sector, on supporting vulnerable households; and

 

(b) write to the Secretary of State, with a copy to Devon MPs, urging Government to: reduce energy vulnerability through financial support for struggling households; introduce a moratorium on the installation of gas or electricity prepayment meters; cease the use of court warrants to gain entry to homes to fit prepayment meters or the automatic switching of smart meters onto prepayment ones.

 

(c) Special Education Needs (SEND) Budgets and Deficits - Councillor Atkinson)

 

RESOLVED that the Council welcomes the concern and support shown by all Members, demonstrating the desire across the County Council to ensure a secure future where children with special needs receive the educational support they need and in the right settings. To that end, the Council reaffirms its strong commitment to achieve a financially sustainable future for special educational needs and thereby also provide parents and carers of children with special needs with confidence and reassurance.

 

(d) Dartmoor National Park - Councillor Barnes)

 

RESOLVED that the County Council:

 

(a) shares the concern expressed by this Notice of Motion (and the one submitted by Councillor Wrigley) about the legal implications of this High Court ruling for the right to backpack camp on relevant parts of Dartmoor, particularly in the light of long-standing tradition of such activity and the resulting benefits for physical and mental wellbeing of connecting with nature in this way;

 

(b) endorses the actions taken by Dartmoor National Park Authority in its efforts to uphold the ability for the public to enjoy responsibly this activity on an ongoing basis, including its promotion of a ‘Backpack Camping Code’; and it is recognised that motorised vehicles, campervans and sleeping in cars is not included in the backpack camping code and will be subject to regulation and enforcement to avoid harm to Dartmoor’s moorland environment; and

 

(c) calls on the Secretary of Statement for the Environment to support appropriately these endeavours across relevant parts of the Dartmoor Commons.

(a) Protect the Right to Free Camp on Dartmoor - Councillor Wrigley 

 

(Councillor Wrigley attended in accordance with Standing Order 8 and

spoke to this item).

 

The text of the Motion outlined below.

 

Devon County Council joins with the thousands of Devon residents and is beyond shocked and appalled by the effective ban on wild camping on Dartmoor arising from a recent court decision.

 

This Council supports Dartmoor National Park in its rightful and spirited defence of wild camping, a right enjoyed by generations of local people and visitors.

 

Council condemns the loss of this right and calls on Government to enact urgent legislation to reinstate wild camping and protect the rights of people to fully enjoy Dartmoor.

 

Council asks the Leader and Chief Exec to write in the strongest terms to Members of Parliament for Devon, the relevant Secretaries of State and the Prime Minister urging them to act to restore the right to wild camp on Dartmoor.

 

Members considered the Officer’s factual briefing note on the matter (LDS/23/4) which referred to the High Court judgement which declared that Section 10(1) of the Dartmoor Commons Act 1985 did not confer on the public any right to pitch tents or otherwise make camp overnight on the Dartmoor Commons, the position of Dartmoor National Park Authority (DNPA) in seeking permission to appeal the High Court judgement and the discussions with the Dartmoor Commons Owners’ Association on how backpack camping on some parts of the Dartmoor Commons could continue. 

 

This legal case had brought into focus some of the issues which could arise from unregulated activities, such as discarded waste and increased threat of vegetation fires and the DNPA promotion of the Backpack Camping Code.

 

The Cabinet considered the recommendation now before them and the actions now proposed and 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 Hart, SECONDED by Councillor McInnes, and

 

RESOLVED that the County Council:

 

(a) shares the concern expressed by this Notice of Motion (and the one submitted by Councillor Barnes) about the legal implications of this High Court ruling for the right to backpack camp on relevant parts of Dartmoor, particularly in the light of long-standing tradition of such activity and the resulting benefits for physical and mental wellbeing of connecting with nature in this way;

 

(b) endorses the actions taken by Dartmoor National Park Authority in its efforts to uphold the ability for the public to enjoy responsibly this activity on an ongoing basis, including its promotion of a ‘Backpack Camping Code’; and it is recognised that motorised vehicles, campervans and sleeping in cars is not included in the backpack camping code and will be subject to regulation and enforcement to avoid harm to Dartmoor’s moorland environment; and

 

(c) calls on the Secretary of Statement for the Environment to support appropriately these endeavours across relevant parts of the Dartmoor Commons.

 

(b) Forced Installation of Pre Payment Meters - Councillor Atkinson 

 

(Councillor Atkinson attended in accordance with Standing Order 8 and Councillor Wrigley attended in accordance with 25(2) and spoke to this item).

 

The text of the Motion outlined below.

 

Citizens advice says across the UK 3.2 million people on prepay meters were left with cold and dark homes last year as they ran out of credit. Also 600,000 people were switched from credit meters to prepay in 2022, compared with 380,000 in 2021. With more freezing weather forecast we welcome British Gas announcement that it will halt the use of warrants to install prepayment meters.

 

This Council

 

1.  calls on Government to urgently review how energy vulnerability can be reduced including considering extra financial support for struggling households; and

 

2.  calls on energy suppliers to agree a three-month moratorium on the installations of gas or electricity prepayment meters including freeze on the use of court warrants to gain entry to homes to fit prepay meters, or automatic switching of smart meters onto prepayment ones.

 

Members considered the Officer’s factual briefing note on the matter (LDS/23/4) which referred to Ofcom and its investigation into British Gas after customers’ vulnerabilities seemed to have been ignored, the position of the Government in reviewing energy vulnerability and support, Household Support Funds (HSF no4 & no.5), Energy Relief Scheme (operated through Citizens Advice Devon) and the Minor Rapid Energy Improvement Scheme pilot via Sustainable Warmth. The briefing note also referred to the recent discussion at Scrutiny (30/01/23), focussing on household support, community resilience building and the latest Count Council funded research on food and fuel insecurity.

 

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken.

 

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

 

RESOLVED that Council be recommended to:

 

(a) continue to work with and support local partners, including Team Devon Councils, the NHS and the voluntary and community sector, on supporting vulnerable households; and

 

(b) write to the Secretary of State, with a copy to Devon MPs, urging Government to: reduce energy vulnerability through financial support for struggling households; introduce a moratorium on the installation of gas or electricity prepayment meters; cease the use of court warrants to gain entry to homes to fit prepayment meters or the automatic switching of smart meters onto prepayment ones.

 

(c) Special Education Needs (SEND) Budgets and Deficits - Councillor Atkinson)

 

(Councillor Atkinson attended in accordance with Standing Order 8 and spoke to this item).

 

The text of the Motion outlined below.

 

Councils like DCC use the high needs funding block of the DSG to fund statutory Special Education Needs provision as required by law.  Since its introduction the government has repeatedly refused to fund this adequately. This has meant that to meet its statutory duty DCC has spent £127m from reserves to fund this. The Government has allowed Councils like DCC to keep ever increasing deficits on spending for children with special educational needs and disabilities off their balance sheets and has approved an extension of this for a further three years. The Government’s local government finance policy statement published in December says that the statutory override for the Dedicated Schools Grant (DSG) will be extended for the next three years, from 2023-24 to 2025-26.

 

This money has already been spent on SEND services by DCC to the tune of £127m by the end of this financial year. Across the UK the total deficit by all councils is expected to be £2.3bn which the government is refusing to fund.  This deficit in Devon will only increase and can only be met out of our reserves or borrowing. Our reserves have already been run down to breaking point and the deficit has arisen as a result of the government’s withdrawal of £135 m of Revenue Support Grant and inadequate funding in the DSG. 

 

The statutory override means that any DSG deficits are not included in DCC Council’s main revenue budgets. It also means that £127m is now unavailable to invest to save in much needed capital projects to benefit Devon residents.

 

The Government has said it may consent to a capitalisation of some or all of this deficit. This means that DCC would have to take out long-term borrowing at current interest rates of up to £127m so that the borrowed money could be available for capital spending on projects in Devon. It is contrary to local government law for us to do this without consent and it is also contrary to good economic planning to borrow money (other than in the short term by way of an overdraft) to be spent to pay off deficits for revenue spending or to fund revenue services.   People in Devon would in effect be asked through their council tax to fund the paying off of this revenue debt run up by the government’s refusal to fund SEND services.  This loan would to be repaid over say 25 years.  This means our residents their children or grandchildren will be paying through council tax to pay off the capital and interest on the loan for services that they obtained no benefit from as they have already been provided before the loan was taken out.

 

This Council

 

1. Calls on the government to pay DCC £127m, for this SEND deficit in 2023 so that this money can be used to invest in Devon.

2. Believes it is wrong for government to expect local authorities like Devon to borrow money on capital markets to fund past and present services.

 

Members considered the Officer’s factual briefing note on the matter (LDS/23/4) which referred to the pragmatic proposals put to DfE for meeting the accumulated deficit arising from the overspend in the High Needs Block, that the deficit should be a shared responsibility between the authority and Government and was expecting a workable solution and finalised agreement being reached. The briefing highlighted that securing financially sustainable special needs provision in Devon was essential and there was a comprehensive plan of action being pushed forward which included increasing maintained and academy special school capacity in Devon with Government support, therefore reducing dependency on costly independent sector placements. 

 

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors:

 

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

 

RESOLVED that the Council welcomes the concern and support shown by all Members, demonstrating the desire across the County Council to ensure a secure future where children with special needs receive the educational support they need and in the right settings. To that end, the Council reaffirms its strong commitment to achieve a financially sustainable future for special educational needs and thereby also provide parents and carers of children with special needs with confidence and reassurance.

 

(d) Dartmoor National Park - Councillor Barnes)

 

The text of the Motion is outlined below.

 

In January, the right to backpack camp on certain common land in Dartmoor National Park without permission from the landowner was lost after a wealthy landowner took the park authority to court. It was the last place in England and Wales where there was a right to backpack camp. Under an agreement reached, the National Park Authority will now have to pay landowners an unknown fee for permission to camp on land that private landowners are willing to put forward. 

 

This Council believes that

 

•              Dartmoor National Park provides many opportunities for all of Devon’s residents to responsibly enjoy and protect our great open spaces

•              The ancient right to sleep under the stars on Dartmoor should be protected for future generations

 

This Council resolves to

•              Criticise the decision made to restrict the right to backpack camp on Dartmoor National Park

•              Robustly defend the right to backpack responsibly on appropriate land by expressing support for Dartmoor National Park’s appeal

•              Write to the government to urge them to adopt Labour’s pledge to enshrine the right to roam in law

 

Members considered the Officer’s factual briefing note on the matter (LDS/23/4) which referred to the High Court judgement which declared that Section 10(1) of the Dartmoor Commons Act 1985 did not confer on the public any right to pitch tents or otherwise make camp overnight on the Dartmoor Commons, the position of Dartmoor National Park Authority (DNPA) in seeking permission to appeal the High Court judgement and the discussions with the Dartmoor Commons Owners’ Association on how backpack camping on some parts of the Dartmoor Commons could continue. 

 

This legal case had brought into focus some of the issues which could arise from unregulated activities, such as discarded waste and increased threat of vegetation fires and the DNPA promotion of the Backpack Camping Code.

 

The Cabinet considered the recommendation now before them and the actions now proposed:

 

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

 

RESOLVED that the County Council:

 

(a) shares the concern expressed by this Notice of Motion (and the one submitted by Councillor Wrigley) about the legal implications of this High Court ruling for the right to backpack camp on relevant parts of Dartmoor, particularly in the light of long-standing tradition of such activity and the resulting benefits for physical and mental wellbeing of connecting with nature in this way;

 

(b) endorses the actions taken by Dartmoor National Park Authority in its efforts to uphold the ability for the public to enjoy responsibly this activity on an ongoing basis, including its promotion of a ‘Backpack Camping Code’; and it is recognised that motorised vehicles, campervans and sleeping in cars is not included in the backpack camping code and will be subject to regulation and enforcement to avoid harm to Dartmoor’s moorland environment; and

 

(c) calls on the Secretary of Statement for the Environment to support appropriately these endeavours across relevant parts of the Dartmoor Commons.