Meeting documents
Present:-
Councillors Hart (Chairman), Barker, Clatworthy, Croad, Davis, S Hughes, Leadbetter, McInnes and Parsons
Members attending in accordance with Standing Order 25:-
Councillors Ball, Bowden, Brazil, Channon, Gilbert, Gribble, Julian, Moulding, Owen, Randall Johnson, Way and Westlake
*289 Minutes
RESOLVED that the minutes of the meeting held on 14 January 2015 be signed as a correct record.
*290 Matters of Urgency:
There was no item raised as a matter of urgency.
*291 Announcements
There was no announcement by the Chairman at this meeting.
*292 Petitions
There was no petition received from a Member of the Public or the Council
*293 Questions from Members of the Council
There was no question from a Member of the Council.
FRAMEWORK DECISION
294 Revenue Budget and Medium Term Financial Strategy to 2015/16 - 2018/19 and Capital Programme 2015/16 - 2019/20
(Councillors Brazil, Julian, Owen and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).
(Councillor Barker declared a personal interest in this matter, in relation to the capital programme, by virtue of two members of his household being employed as teachers at Dartington CE Primary School and Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being a parent of a child using post-16 transport and withdrew from the meeting during consideration of that element of the budget at the appropriate time).
The Cabinet considered:
(i) the Report of the Chief Executive (CS/15/4 - text only | pdf 
CS/15/4) summarising the outcomes of and comments/observations made at consultation meetings with representatives of Devon s Business Community, Trades Unions, representatives of Older People and the Voluntary Sector and through the Tough Choices on-line consultation and Town/Parish Council meetings;
(ii) the Minutes of the joint meeting of the Council s Scrutiny Committees held on 29 January 2015;
(iii) the Minutes of the meeting of the Devon Education (Schools) Forum held on 21 January 2015, relating to the budget;
(iv) an updated overview of impact assessments for all service areas entitled Budget 2015/16 Impact Assessment , available to all Members of the Council at: https://new.devon.gov.uk/impact/published/budget-setting-201516/ alongside specific quality impact assessments referred to therein also undertaken as part of the budget s preparation at: https://new.devon.gov.uk/impact/published/;
(v) the Report of the County Treasurer (CT/15/8 - supplementary information CT/15/8) (circulated prior to the meeting in line with Regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012)) on the Revenue Budget and Medium Term Financial Strategy for the period 2015/16 2018/19 and the Capital Programme for 2015/16-2019/20, including an assessment of the adequacy of reserves, a range of prudential indicators concerning the financial implications of the capital programme and an assessment of the risks associated with the budget strategy and how those would be managed, comprising in detail:
Introduction
Appendix A - Specimen Statement on Robustness of Budget Estimates and adequacy of the County Council Reserves
Appendix B - Revenue Budget 2015/16 Medium Term Financial Strategy to 2018/19
Appendix C - Summary Revenue Budget 2015/16
Appendix D - Medium Term Financial Strategy 2015/16 -2018/19
Appendix E - Risk Analysis of Volatile Budgets
Appendix F - County Fund Balance and Earmarked Reserves for 2015/16
Appendix G - Capital Programme 2015/16 - 2019/20
Appendix H - Prudential Indicators 2015/16 -2019/20
Appendix I - Treasury Management
Appendix J - Fees Charges
Detailed Revenue Budget Capital Programmes
The Cabinet also noted that, at its meeting on 22 January 2015, the Corporate Services Scrutiny Committee (Minute *53 refers) had reviewed and endorsed the proposed Treasury Management Strategy for 2015/16 (CT/15/10 - text only | pdf | supplementary information CT/15/10), in line with the CIPFA Code of Practice, as now incorporated in Appendix I of the 2015/16 Budget Report (CT/15/8 - supplementary information CT/15/8).
In outlining the background to the preparation of the proposed budget, the County Treasurer reported that the Council s final formula grant allocation for 2015/16 had been confirmed on 4 February 2015. The provisional settlement had provided baseline funding for 2015/16 of 178,918,000, including 85,750,000 of Revenue Support Grant. That baseline figure had included an additional 553,000 to recognise the additional cost of providing services in rural areas.
The final settlement had, however, been increased by 871,000 from additional funding provided by Government nationally to help Councils respond to local welfare needs and to improve social care provision . While that increase was to be welcomed Members reiterated concerns expressed during scrutiny of the budget that the underlying position remained basically the same and that, overall, Devon s settlement still reflected historic low levels of funding with inadequate funding levels in a number of areas.
The Cabinet Member for Resources Asset Management outlined the content and construction of proposed service budgets totalling 437,700,000 incorporating 8,000,000 for demographic growth and demand pressures and 11,700,000 for inflationary pressures - balanced by a programme of savings and efficiencies of just under 46,000,000 - reflecting the targets previously set. In the previous four years, the Council had been required to make reductions in its budget totalling nearly 127,000,000.
Moreover, and as also acknowledged by the Joint Scrutiny meeting on 29 January 2015, the ability of the Council to plan for the future was severely restricted without any indication by Government of funding levels for future years. In acknowledging the concerns of Scrutiny Committees on the effect of reductions in local government funding generally and the need for a fairer financial settlement for Devon the Cabinet Member further confirmed that the Council had and would continue to lobby Government direct and through Devon Members of Parliament to secure increased investment in Devon, acknowledging also the need, as evinced by Scrutiny Committees, to generate increased income to offset budget reductions.
While the 2010 Comprehensive Spending Review had anticipated real term reductions in funding only up to and including the 2014/15 financial year, the Chancellor s Autumn Statement of December 2014 had indicated that local government funding would continue to reduce well into the medium term but no indicative figures had been published for 2016/17 and beyond.
Government had again made it clear that it wished to see Council Tax frozen with those Councils agreeing so to do receiving a compensatory sum within its settlement equal to a 1% rise in Council Tax; Government having indicated this additional one-off funding would be included within future the baseline funding figures. Nonetheless and acknowledging the problems that likely continuing constraints on public sector funding would pose for the Council in providing services the Cabinet Member for Resources Asset Management was of the view that an increase in Council Tax as now proposed (1.99%) - supported by Members present - would increase baseline funding to a greater extent which would help alleviate some of the difficulties that the Council would face over the coming years.
In formulating the proposed budget as now submitted the Cabinet Member confirmed, that regard had also been given to suggestions arising from the consultations and to those issues raised by individual Scrutiny Committees; as set out in the Minutes of that meeting ((ii) above refers). As a consequence thereof the recommendations now before Cabinet envisaged additional funding being provided/allocated for Local Welfare Assistance, gritting of roads, public transport, school crossing patrols and support for Citizens Advice Bureaux.
The Cabinet Member for Highways Management Flood Prevention sought to reassure Members that discussions were continuing with an existing licensee over the future management of stopping places/picnic areas on the A361 (North Devon Link Road) and that he would abide by his earlier assurances that those discussions would be pursued and fully explored and considered before any final decisions were made, notwithstanding the budget now proposed.
The Cabinet noted that the Budget 2015/16 Impact Assessment , had been taken into account by Scrutiny Committees as part of their earlier deliberations, together with those specific impact assessments undertaken as part of the budget s preparation or in relation to service reviews arising therefrom. It was further noted that an updated version had been circulated prior to this meeting in order to ensure all Members had all relevant information in having regard to the responsibilities placed upon the Council to exercise its Public Sector Equality Duty under s149 of the Equality Act 2010 when considering the proposed budget, its impact and any mitigating action required, prior to making a decision.
The County Treasurer confirmed that, in her view, the proposed budget represented a sound and achievable finance plan for 2015/16.
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, including the separate risk analyses set out therein:
It was MOVED by Councillor Clatworthy, SECONDED by Councillor Hart and
RESOLVED that it be recommended to the County Council:
(a) Revenue Budget 2015/16 and Medium Term Financial Strategy to 2018/19 and County Fund Balance and Earmarked Reviews for 2015/16
(i) that it record its thanks for the recommendations and comments received from the Council s Scrutiny Committees, the Devon Education Forum, the Devon Business Community, Trade Unions, the Voluntary Sector and the wider community following extensive consultation, acknowledging their views were helpful in formulating budget proposals;
(ii) that Devon s final Baseline Funding level of 179,789,000 for 2015/16 be noted;
(iii) that the detailed spending plans in the budget booklet now circulated be approved;
(iv) that the Report on balances and reserves be noted;
(v) that spending, payments to outside bodies and movements in reserves and balances including the following One-off Additions be approved as in the summary tables attached to the printed and signed Minutes:
One-off Additions 000
Local Welfare Assistance 1,000
Road Gritting 100
Public Transport 100
Crossing Patrols 100
Citizens Advice Bureaux 40
1,340
(vi) that the Council Tax Requirement be set at 317,111,320.13;
(vii) that the precepts required from each District Council (as shown in the tables attached to the printed and signed minutes) and the consequent level of Council Tax for each of the eight property valuation bands be approved;
(viii) that the contribution made to the budget from the continuing efforts of District Councils in maintaining high rates of council tax collection be welcomed;
(ix) that the risk assessments regarding volatile budgets set out in Appendix E to Report CT/15/8 - supplementary information CT/15/8 be noted;
(x) that the Medium Term Financial Strategy proposals for the financial years 2015/16 to 2018/19 be noted;
(b) Capital Programme 2015/16 - 2019/20
(xi) that the Capital Programme for 2015/16 of 120,206,000 and its financing, as set out in Tables A and C of Appendix G to Report CT/15/8 - supplementary information CT/15/8 and the detailed capital programme in the detailed budget booklet be approved;
(xii) that the indicative programmes for each year up to 2019/20 shown in Table C of Appendix G to Report CT/15/8 - supplementary information CT/15/8 be approved subject to their being reviewed in the light of the overall level of revenue and capital resources available in each year;
(c) Prudential Indicators and Treasury Management
(xiii) that the Prudential Indicators for 2015/16 to 2019/20 set out in Appendix H of Report CT/15/8 - supplementary information CT/15/8 be approved;
(xiv) that the Minimum Revenue Provision Strategy set out in Appendix H of Report CT/15/8 - supplementary information CT/15/8 be approved;
(xv) that the Treasury Management and Investment Strategy for 2015/16 as set out in Annex 1 of Appendix I of Report CT/15/8 - supplementary information CT/15/8 be approved;
(xvi) that the County Treasurer be authorised to effect movements between the separately agreed limits for borrowing and other long term liabilities;
[NB: Councillor Davis having declared a Disclosable Pecuniary Interest in the following matter by virtue of being a parent of a child using post-16 transport withdrew from the meeting at this stage during consideration of and voting on that element of the budget]
It was further MOVED by Councillor Clatworthy, SECONDED by Councillor Hart and
RESOLVED that in respect of Fees and Charges, it be recommended to the County Council:
(xvii) that changes to charges in relation to inflationary increases be agreed by the relevant Cabinet Members in consultation with the County Treasurer;
(xviii) that the changes to fees and charges for post 16 transport from September 2015 set out in Appendix J of Report CT/15/8 - supplementary information CT/15/8 be approved and reviewed thereafter on an annual basis;
(xvix) that changes to charges within Place Services be also agreed by the relevant Cabinet Member in consultation with the County Treasurer;
[NB:
1. All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on the setting of the Council Tax or Precept or any fees and charges arising therefrom as a consequence of simply being a resident of or by virtue of being a resident of or a land or property owner in the administrative County of Devon, or by being a parent or guardian of a child in a school on any matter relating to school meals and school transport or in relation to the setting of members allowances].
2. The Impact Assessments referred to above are available at: http://new.devon.gov.uk/impact/
3. Copies of any representations received not specifically referred to in the documentation referred to above and or now reported was available for inspection at the meeting].
KEY DECISION
*295 A382 Corridor Improvements
The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/15/9 - text only | pdf | supplementary information PTE/15/9) seeking approval to consultations being held on preliminary designs for a scheme to improve access to Newton Abbot and the A38 by improving the connecting A382 corridor.
The proposed scheme, which was supported by local County Councillors, was based upon the proposed residential and employment development to the west of Newton Abbot identified in Teignbridge District Council s adopted Local Plan being delivered, improving journey times to the west of Newton Abbot and safety on the A382 and encouraging the use of sustainable modes of transport.
The Head of Service s Report also referred to the Impact Assessment for this scheme which had been circulated previously in order that Cabinet might, as part of its determination of the next steps in the process, 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. In summary and while recognising that there would inevitably be some negative impacts during construction, the Assessment recognised that the scheme would ultimately, inter alia, enable the development of employment sites in the areas, improve access and journey times to employment, educational and recreational destinations, ease congestion while improving pedestrian and cycle facilities and safety measures.
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 Leadbetter, SECONDED by Councillor Hart, and
RESOLVED that approval be given to the preliminary scheme layout shown on drawings DWG B11029/18/BW1, B11029/18/BW2; B11029/18/BW3/2, B11029/18/BW4/2 as the basis for public consultation outlined in Report PTE/15/9 - text only | pdf | supplementary information PTE/15/9.
[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/].
*296 Science Park Drive /Access Road Works, Exeter
(Councillor 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/15/10 - text only | pdf | supplementary information PTE/15/10) seeking approval of minor works to upgrade Science Park Drive to enable it to be opened as a public highway following completion of the first phase of the Tithebarn Link Road, providing relief to the Honiton Road corridor and Junction 29 and enabling Grampian-style planning conditions to be amended to unlock a significant number of houses and jobs in the Exeter and East Devon Growth Point area, including the planned Met Office development at the Science Park.
The Head of Service s Report also referred to an Impact Assessment for this scheme which had been circulated previously in order that Cabinet might, as part of its determination of the next steps in the process, 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 recognising that there would inevitably be some negative impacts during construction and until the Tithebarn Link Road was also constructed the Assessment accepted that the scheme would enable the development of employment sites in the areas, ease congestion and improve access and journey times and security for road users and pedestrians with improved and additional streetlighting.
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 Leadbetter, SECONDED by Councillor Hart, and
RESOLVED
(a) that the scheme shown on drawing 286813E-HLT/SK153/B at an estimated cost of 275,000 be approved;
(b) that approval be given to any necessary Traffic Regulation Orders being advertised and, if no objections are received, being made and sealed;
(c) that the Head of Planning, Transportation and Environment be authorised, in consultation with the Cabinet Member for Economy, Growth and Cabinet Liaison for Exeter, to make minor amendments to the scheme design, following consultation.
[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/].
*297 Devon Travel Academy
(Councillor Owen attended in accordance with Standing Order 25(2) and spoke to this item).
(Councillor Owen declared a personal interest in this matter by virtue of being a County Council representative on the Devon Somerset Fire Rescue Authority).
The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/15/11 - text only | pdf | supplementary information PTE/15/11) seeking approval to the transfer of the Devon Travel Academy (the former Devon Drivers Centre) to the Devon Somerset Fire Rescue Service.
The proposal would not only facilitate the future of the Devon Travel Academy and protect those core elements of DTA s service that contributed to improving standards of driving but would assist the Council in achieving proposed revenue budget savings across the Planning, Transportation and Environment service, reflecting the proposed budget now commended to the Council by this Cabinet.
The Head of Service s Report also incorporated the Impact Assessment prepared in relation to this proposal, 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 recognised the positive impact of the proposal and no unmanageable impacts had been identified.
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 Hughes, SECONDED by Councillor Clatworthy, and
RESOLVED
(a) that approval be given to the re-assignment of the lease of the Devon Travel Academy in favour of Devon and Somerset Fire and Rescue Service under terms protecting the County Council from any on-going liabilities for the premises and associated assets;
(b) that approval be also given to the transfer of all assets and business of the Devon Travel Academy as a going concern to Devon and Somerset Fire and Rescue Service under terms that will help ensure their future business profile, including capability for supporting the County Council in its statutory responsibilities for road safety and its use for the Devon County Show.
[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/].
*298 Okehampton East Business Park: Implementation Phase
(Councillors Ball, Brazil and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the Report of the Head of Economy Enterprise (EE/15/1 - text only | pdf | supplementary information EE/15/1) seeking approval to proposals for development of the Okehampton East Business Park (formerly known as Opportunity Okehampton).
The development of this site as now proposed would, it was felt, unlock this strategic employment site and help drive economic growth in a priority town through supporting continued and sustained economic recovery and resilience following the high profile business closures in recent years. The proposal, which was supported by the local County Councillors, had the potential to support over 450 direct jobs and facilitate the development of a parkway style railway station in Okehampton, which had come into focus following the winter storms of 2014. Demand for the employment land remained high with a number of high profile enquires received.
The Head of Service s Report also referred to the Impact Assessment for this scheme in order that Cabinet might, as part of its determination of the next steps in the process, 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. That Assessment recognised that the proposal would, overall, have a positive impact, supporting economic growth and diversification within the local community and economy of the area and that no unmanageable impacts had been identified.
The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, 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 Hart, and
RESOLVED
(a) that the progress made over the previous 12 months to bring this strategic employment site forward be noted acknowledging that the scheme was dependent upon the agreement of the Homes Communities Agency in relation to future disposals and the formal ratification of the Department for Business, Innovation Skills;
(b) that NPS be instructed to enter into negotiations to dispose of plots, in line with the Marketing and Disposals Strategy, as outlined in Report EE/15/1 - text only | pdf | supplementary information EE/15/1;
(c) that approval be given to the earmarked funding of 250,000 within the Infrastructure Development Fund, being allocated to this Project and to the total scheme estimate of 2,636,106.
[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/].
OTHER MATTERS
299 Notices of Motion: Hospital Facilities and Buildings and Future Uses (Cabinet Minute 256(b)/12 November 2014)
(Councillor Westlake attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet noted that the following Notice of Motion submitted to the County Council by Councillor Wright had been referred to the Cabinet, in accordance with Standing Order 8(2); the Cabinet having previously deferred consideration of the Notice of Motion pending discussion with appropriate NHS providers.
This Council recognises how important it is to involve local communities in the provision of health services.
Many hospital facilities and buildings in Devon have been provided for the local community partly or entirely by the local community.
This Council is concerned that many local hospital buildings are at risk of being declared redundant by hospital authorities, and being sold on a commercial basis.
The Council therefore agrees to support the efforts of the local clinical commissioning groups and agrees to ask the Local Government Association to request that the government requires health authorities to consult with local communities about alternative uses of buildings considered redundant and to offer the buildings for community use, before considering other options .
Members were advised that through the work of the Integrated Care Exeter (ICE) Group, which included representatives from Clinical Commissioning Groups, the NHS Foundation Trust, Police and Fire Authorities, Age UK Exeter and Exeter City Council as well as the County Council, there was a commitment across agencies to collaborate on the future of assets and it was intended to develop and agree a policy statement for endorsement by the ICE Board (which will seek commitment from Devon wide organisations) to collaborate and share intelligence on property information. The County Council s Locality Officers and Leads already worked across Devon to support local members and communities to understand local needs and issues and stimulate a local response.
It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and
RESOLVED that in light of the above the County Council be recommended to take no further action on the Notice of Motion, the Cabinet being of the view that the desired objective has been achieved.
STANDING ITEMS
*300 Questions from Members of the Public
There was no question from a Member of the public.
*301 References from Committees: Place Scrutiny Committee: Delivery of Highways Services Spotlight Review
(Councillors Brazil and Owen attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet noted that the Place Scrutiny Committee had, at its meeting on 9 January 2015 (Minute *63), received the Report of this Spotlight Review (CS/15/2 - text only | pdf CS/15/2), examining the process for determining future delivery models for the highway maintenance contract and had resolved that the Spotlight Review s Report be approved and commended to the Cabinet for approval and action .
It was MOVED by Councillor Hart, SECONDED by Councillor Hughes, and
RESOLVED that the Task Group s Report be noted and the Head of Highways, Capital Development Waste, in consultation with the relevant Cabinet Member, have regard to the recommendations in any future decision making process.
*302 Minutes
It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and
RESOLVED
(a) that the Minutes of the Devon Education Forum held on 21 January 2015 (other than those relating to the budget - Minute 294 above refers) and of the Safer Devon Partnership on 28 January 2015 be noted, acknowledging the additional burdens placed upon the Safer Devon Partnership arising from the new duty to undertake Domestic Homicide Reviews for which no additional resource had been provided by Government; and
(b) that Minutes of the Farms Estate Committee held on 5 February 2015 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 .
Minutes of the Devon Education (Schools) Forum are published at: http://www.devon.gov.uk/schoolsforum.htm ]
*303 Delegated Action/Urgent Matters
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.
*304 Forward Plan
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 https://new.devon.gov.uk/democracy/how-the-council-works/forward-plan/)
*DENOTES DELEGATED MATTER WITH POWER TO ACT
The meeting started at 10.30am and finished at 11.23pm.