A meeting of the Cabinet will be held on the above date at 10.30am at County Hall, Exeter to consider the following matters.

P NORREY

Chief Executive

A G E N D A

PART I - OPEN COMMITTEE

1. Apologies for Absence

2. Minutes of the meeting held on 10 June 2015 (previously circulated).

3. Items Requiring Urgent Attention

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

4. Chairman s Announcements

5. Petitions

6. Question(s) from Members of the Council

Key Decisions

[Local Issues]

7. Exeter: Marsh Barton Station

Report of the Head of Planning, Transportation and Environment (PTE/15/34 - text only | pdf | supplementary information PTE/15/34) seeking scheme and estimate, attached (Page 1).

Electoral Division(s): All Exeter and Exminster Kenton,

and Teignmouth Town

8. Honiton: Turks Head Junction Improvement

Report of the Head of Planning, Transportation and Environment (PTE/15/35 - text only | pdf | supplementary information PTE/15/35) seeking scheme and estimate approval, attached (Page 9).

Electoral Division(s): Honiton St Michael s and St Pauls

9. Ivybridge: Replacement Recycling Centre

Report of the Head of Highways, Capital Development Waste (HCW/15/42 - text only | pdf | supplementary information HCW/15/42) seeking scheme and estimate approval, attached (Page 15).

Electoral Division(s): Ivybridge and Yealmpton

10. Pyworthy CoE Primary School

Report of the Head of Planning, Transportation and Environment (PTE/15/36 - text only | pdf | supplementary information PTE/15/36) on the outcome of consultations on the proposed closure of the school, attached (Page 21).

Electoral Division(s): Holsworthy Rural

[Countywide Issues]

11. Public Transport Budget Proposed Implementation of Supported Bus Service Reductions (Minute *352/10 June 2015)

As previously requested, the Place Scrutiny Committee on 17 June 2015 considered the Report of the Head of Services for Communities (SC/15/9 - text only | pdf | supplementary information SC/15/9) (available at: http://www.devon.gov.uk/index/councildemocracy/decision_making/cma/cma_document.htm?cmadoc=minutes_exc_20150610.html) on the outcome of consultations on the review of County Council funded bus services and the proposals therein, together with any further representations received.

The Scrutiny Committee, whose deliberations are reflected in the attached extract from the Minutes of that meeting (Page 27), welcomed both the opportunity to comment on the proposals and the undertakings provided by the Cabinet Member and Head of Service that the suggestions referred to therein and raised by Members at the meeting would be further considered prior to Cabinet coming to any final decisions.

These and other representations received since the publication of the initial Report in June are now reflected in the revised Report of the Head of Services for Communities (SC/15/16 - text only | supplementary information SC/15/16), attached separately (Page 29).

Electoral Division(s): All

12. Care Act 2014 - Fair and Affordable Care Policy

Report of the of Head of Social Care Commissioning (SCC/15/37 - text only | pdf SCC/15/37) on the proposed variations to the current policy reflecting the provisions of the Care Act attached (Page 88).

Electoral Division(s): All

13. Review of Parking Dispensation Scheme and Countywide Traffic Regulation Order (Minute *330/8 April 2105)

Report of the Head of Highways, Capital Development Waste (HCW/15/43 - text only | pdf | supplementary information HCW/15/43) on the outcome of statutory consultations on the proposed change to the dispensation scheme and Traffic Regulation Order, attached (Page 94).

Electoral Division(s): All

OTHER MATTERS

14. Annual Public Health Report 2014/15

The eighth Annual Public Health Report prepared and published by the Director of Public Health on health inequality has been circulated separately.

[NB: The Annual Public Health Report may be viewed at: www.devonhealthandwellbeing.org.uk/aphr]

15. Treasury Management Stewardship Annual Report 2014/15

Report of the County Treasurer (CT/15/50 - text only | pdf CT/15/50) which was considered and endorsed by the Corporate Services Scrutiny Committee on 29 June 2015, attached (Page 109).

Electoral Division(s): All

STANDING ITEMS

16. Question(s) from Members of the Public

17. Notice of Motion: Planning Definition of Traffic Conditions (Minute *313/11 March 2015)

As requested, the Place Scrutiny Committee considered the Report of the Head of Planning, Transportation Environment (PTE/15/18 - text only | pdf PTE/15/18) (Page 114) relating to the following Notice of Motion previously submitted to the County Council by Councillor Greenslade, prior to any recommendation being made to the County Council, namely:

that County Councillors develop a local Devon planning definition of the meaning of severe traffic conditions to assist Development Control Officers in making highways recommendations to local planning authorities and when planning applications are considered by the Development Management Committee all consultation responses received by the local planning authority to date be reported to Members of the Development Management Committee;

It be noted that these proposed changes are designed to make planning recommendations by the County Council more sensitive to the communities of the County .

The Scrutiny Committee considered this matter at its meeting on 17 June (Minute *81 refers) and in essence endorsed the course of action set out in Report PTE/15/18 - text only | pdf PTE/15/18 and recommended (a) that the County Council be advised to take no further action on the notice of motion in respect of the definition of severe impact ; and (b) that the Development Management Committee be made aware of representations made directly to the County Council, when considering their response to local planning authority consultations .

Recommendation:

(a) that the Place Scrutiny Committee s advice be accepted and the County Council be advised to take no further action on the Notice of Motion in respect of the definition of severe impact on the grounds that, while the factors determining the scale of impact can be set out, a prescriptive quantification of severity of impact would be difficult to defend at any appeal, and no basis for such a definition is included within the National Planning Policy Framework; but

(b) that the Head of Planning, Transportation and Environment be asked to ensure that, when the Development Management Committee is considering responses to consultations from local planning authorities on the transportation aspects of planning applications, members are made aware of representations made directly to the County Council.

18. References from Committees

(a) Place Scrutiny Committee: Young People and Employment Task Group Final Report

The Health Wellbeing Scrutiny Committee at its meeting on 17 June 2015 (Minute *77) considered the Report of the Task Group undertaken jointly with People s Scrutiny Committee (CS/15/9 - text only | pdf CS/15/9) (Page 119) looking at how young people may be supported to access education, training and/or employment and commended the Report (and the recommendations therein) to Cabinet

Recommendation: that the Task Group s suggestions be endorsed and the Heads of Education Learning and Services for Communities take appropriate action and the Report be also distributed to all relevant agencies and schools, both direct and through the Devon Education Forum, to facilitate its wider distribution within the education community, with the request that they also take the actions identified appropriate to their service area.

(b) Health Wellbeing Scrutiny Committee: Integration Spotlight Review

The Health Wellbeing Scrutiny Committee at its meeting on 18 June 2015 (Minute *95) considered the Report of its Spotlight Review (CS/15/12 - text only | pdf CS/15/12) (Page 130) on the role of scrutiny, generally, in relation to integration of local health and social care services undertaken in conjunction with CfPS, the LGA and the People s Scrutiny Committee and resolved that the recommendations be endorsed and the Cabinet and Clinical Commissioning Groups be requested to implement them as appropriate

Recommendation: that the Task Group s proposals be endorsed and implemented as appropriate and that the Report be also distributed to all relevant Agencies and Clinical Commissioning Groups with the request that they similarly take appropriate action within their area of activity.

(c) Corporate Services Scrutiny Committee: Stronger Communities Task Group

The Corporate Services Scrutiny Committee, at its meeting on 29 June 2015, considered the Report of its Task Group (CS/15/13 - supplementary information CS/15/13) (Page 143) exploring the support the Council and others could give to creating independent, strong resilient communities and endorsed and commended the recommendations therein to the Cabinet and to relevant and partner agencies for action and implementation, recognising also the need to give greater emphasis to the benefits of joint working and sharing of experience with and between Parish Councils.

Recommendation: that the Task Group s recommendations be endorsed and implemented, as appropriate, and the Report be also distributed to all relevant partner agencies and that they be similarly encouraged to take appropriate action as outlined above within their area of activity.

19. Minutes

(a) Devon Education Forum, 24 June 2015 (To follow);

(b) Devon Audit Partnership, 24 June 2015 (Page 156).

[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 ]

20. Delegated Action/Urgent Matters

(a) Register of Decisions

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 appended to this Agenda (Page 159).

(b) Call-in of Cabinet Member Decision: Highways, Planning, Design and Public Community Transport Fees and Charges

In accordance with the Cabinet Procedure Rules/Scheme of Delegation, Councillors Connett, Dewhirst, Greenslade, Hook, Way, Wragg and Younger-Ross invoked the call-in procedure in relation to the decision of the Cabinet Member for Highways Management Flood Prevention in approving various fees and charges. This call-in asked the Place Scrutiny Committee to assess the business case for the specific, proposed, charges for disabled parking spaces, access protection markings, residential and charity parking permits and doctors spaces (i.e those charges shown at items 7, 22.1, 22.2(d) and 30 on the schedule of charges: on the grounds that the supporting documentation was silent on the methodology used to arrive at the new charges and what preliminary consultation, if any, was undertaken, nor does it indicate how much the council expects to generate from the new charges, and if there are any circumstances when proposed charges may be waived due to local or individual circumstances .

A copy of the Cabinet Member s decision form and schedule of charges (CS/15/17 - supplementary information CS/15/17) is available at:

CS/15/17 - supplementary information CS/15/17.CMRrn=15/WD184dg=Public">http://www.devon.gov.uk/loadtrimdocument?url=filename=CS/15/17 - supplementary information CS/15/17.CMRrn=15/WD184dg=Public

The Cabinet is now advised that, having considered the call-in at its meeting on 17 June 2015 (Minute *78), the Place Scrutiny Committee was satisfied with the Cabinet Member s decision; no reconsideration or amendment of the decision having been sought, it had been implemented with immediate effect.

(c) Reference back of Cabinet Members: Disposal of former social care properties: Wardhayes, Okehampton; Daw Vale, Dawlish; Tracey Vale, Bovey Tracey; Oakwell, Barnstaple; and Ropewalk, Kingsbridge

In accordance with the Cabinet Procedure Rules/Scheme of Delegation, Councillors Brazil and Connett have asked that the decision of the Cabinet Members for Adult Social Care Health Services and for Resources Asset Management relating to the disposal of the above properties be referred back to the Cabinet for reconsideration, being of general application across the county, to enable consideration of more time being to community interest groups to see if they may have an alternative use for buildings and to allow greater publicity to potential reuse; acknowledging that while decisions around future service provision may have been known for some time the decision to declare these buildings surplus to requirements was not widely known.

A copy of the Cabinet Member decision form and accompanying documentation is attached (Page 160).

21. Forward Plan

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://www.devon.gov.uk/index/councildemocracy/decision_making/cabinet_committee/forward_plan.htm ]

PART II ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PRESS AND PUBLIC

None

Notice of all items listed above have been included in the Council s Forward Plan for the required period, unless otherwise indicated. The Forward Plan is published on the County Council's website at http://www.devon.gov.uk/cma.htm

Notice of the decisions taken by the Cabinet will be sent by email to all Members of the Council within 2 working days of their being made and will, in the case of key decisions, come into force 5 working days after that date unless 'called-in' or referred back in line with the provisions of the Council's Constitution. The Minutes of this meeting will be published on the Council's website, as indicated below, as soon as possible.

Members are reminded that Part II Reports contain exempt information and should therefore be treated accordingly. They should not be disclosed or passed on to any other person(s). Members are also reminded of the need to dispose of such reports carefully and are therefore invited to return them to the Democratic Services Officer at the conclusion of the meeting for disposal

Membership

Councillors Hart (Chairman), Barker, Clatworthy, Croad, Davis, S Hughes, Leadbetter, McInnes and Parsons.

Cabinet Member Remits

Councillors Hart (Policy Corporate), Barker (Adult Social Care Health Services), Clatworthy (Resources Asset Management), Croad (Community Environmental Services), Davis (Improving Health Wellbeing), S Hughes (Highway Management Flood Prevention), Leadbetter (Economy, Growth and Cabinet Liaison for Exeter), McInnes (Children, Schools Skills) and Parsons (Performance Engagement)

Declaration of Interests

Members are reminded that they must declare any interest they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

Access to Information

Any person wishing to inspect the Council s/Cabinet s Forward Plan or any Reports or Background Papers relating to any item on this agenda should contact Mr Hooper on 01392 382300. The Forward Plan is published on the County Council's website at http://new.devon.gov.uk/democracy/how-the-council-works/forward-plan/ Agenda, Reports and Minutes of the Cabinet are published on the Council s Website at http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm

Webcasting. Recording or Reporting of Meetings and Proceedings

The proceedings of this meeting may be recorded for broadcasting live on the internet via the Democracy Centre on the County Council s website. The whole of the meeting may be broadcast apart from any confidential items which may need to be considered in the absence of the press and public. For more information go to:http://www.devoncc.public-i.tv/core/ In addition, anyone wishing to film part or all of the proceedings may do so unless the press and public are excluded for that part of the meeting or there is good reason not to do so, as directed by the Chairman. Any filming must be done as unobtrusively as possible from a single fixed position without the use of any additional lighting; focusing only on those actively participating in the meeting and having regard also to the wishes of any member of the public present who may not wish to be filmed. As a matter of courtesy, anyone wishing to film proceedings is asked to advise the Chairman or the Democratic Services Officer in attendance so that all those present may be made aware that is happening. Members of the public may also use Facebook and Twitter or other forms of social media to report on proceedings at this meeting. An open, publicly available Wi-Fi network (i.e. DCC) is normally available for meetings held in the Committee Suite at County Hall. For information on Wi-Fi availability at other locations, please contact the Officer identified above.

Questions to the Cabinet/Public Participation

A Member of the Council may ask the Leader of the Council or the appropriate Cabinet Member a question about any subject for which the Leader or Cabinet Member has responsibility. Any member of the public resident in the administrative area of the county of Devon may also ask the Leader a question upon a matter which, in every case, relates to the functions of the Council. Questions must be delivered to the Office of the Chief Executive Directorate by 12 noon on the fourth working day before the date of the meeting. For further information please contact Mr Hooper on 01392 382300 or look at our website at: http://new.devon.gov.uk/democracy/guide/public-participation-at-committee-meetings/

Emergencies

In the event of the fire alarm sounding leave the building immediately by the nearest available exit, following the fire exit signs. If doors fail to unlock press the Green breakglass next to the door. Do not stop to collect personal belongings, do not use the lifts, do not re-enter the building until told to do so.

Mobile Phones

Please switch off all mobile phones before entering the Committee Room or Council Chamber

If you need a copy of this Agenda and/or a Report in another format (e.g. large print, audio tape, Braille or other languages), please contact the Information Centre on 01392 380101 or email to: centre@devon.gov.uk or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD.

Induction loop system available

Cabinet 8 July 2015

Schedule of CABINET MEMBER Decisions taken since previous meeting
Cabinet Remit/Officer	Matter for Decision	Effective Date
Resources Asset Management	Approval to declaring Colyton Library premises surplus to requirements to enable freehold disposal to Colyton Parish Council	8 June 2015
	Approval, jointly with Cabinet Member for Adult Social Care Health Services, to disposal of former social care properties: Wardhayes, Okehampton; Daw Vale, Dawlish; Tracey Vale, Bovey Tracey; Oakwell, Barnstaple; and Ropewalk, Kingsbridge	17 June 2015
	Approval to variations in the 2015/16 Capital Programmes and contract matters	I July 2015
Adult Social Care Health Services	Approval jointly with Cabinet Member for Resources Asset Management, to disposal of former social care properties: Wardhayes, Okehampton; Daw Vale, Dawlish; Tracey Vale, Bovey Tracey; Oakwell, Barnstaple; and Ropewalk, Kingsbridge	17 June 2015
Children, Schools Skills	Approval following formal consultation to change of age range/provision at South Molton Community Infants School (from 4-7 to 5-11 years with early years provision on its existing site with capacity for 210 pupils, able to expand over period of time to support development) and at South Molton United CoE Junior School (from 7-11 to 2-11 and to relocate to a new site with capacity for 210 pupils, able to expand over a period of time to support development)	9 June 2015
	Approval to consultations being undertaken on proposal to increase capacity at Barley Lane, Bidwell Brook and Lampard Special Schools and provided no materially significant objections are received to also publish formal notices and final determination.	12 June 2015
	Approval to use of Compulsory Purchase powers to acquire rights of access for construction and operational use on land adjacent to the new school site at Seabrook Orchards, Newcourt and the Trinity Church of England (Voluntary Aided) Primary School, Newcourt, Exeter	I July 2015
Highway Management Flood Prevention	Approval for Exeter Strategic Cycle Network scheme (Redhayes-Exeter University/City |Centre and Newcourt to City Centre) to go to public consultation.	24 June 2015
The Registers of Decisions will be available for inspection at meetings of the Cabinet or, at any other time, in the Democratic Services Scrutiny Secretariat, during normal office hours. Contact details shown above. In line with the Openness of Local Government Bodies Regulations 2014, details of 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/