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Cabinet

Committee Minutes

Wed Jan 09 2013

Related Documents:
agenda for these minutes

Present:-

Councillors Hart (Chairman), Barker, Clatworthy, Croad, Davis, S Hughes, Leadbetter and Mumford

Members attending in accordance with Standing Orders 8 and 25:-

Councillors Brazil, Cann, Giles, Greenslade, Hannon, Newcombe, Owen, Radford, Sellis and Westlake

*597 Minutes

RESOLVED that the minutes of the meeting held on 12 December 2012 be signed as a correct record.

*598 Matters of Urgency: Highway and Rail Infrastructure

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

(Councillors Cann, Hannon and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Chairman had decided that the Cabinet should consider this item, as a matter of urgency, in order that Members might be aware that he had asked Officers to prepare a summary of the implications and costs of the clean-up operation and final remedial work required for both the highway infrastructure and rail network in Devon resulting from the recent extreme weather events; to enable representations to be made to Government through Devon s Members of Parliament to secure additional funding under the Bellwin Scheme or other means. The need to safeguard the railway infrastructure in Devon was evidenced, in particular, by the recent difficulties experienced at Cowley Bridge, Exeter and along the South Devon coast on repeated occasions following severe rainfall in November and December and clearly illustrated also the need for the new Exeter Flood Defence Scheme to protect the railway in light of the dearth of investment in the Region identified in Network Rail s latest 5 year plan announced the previous day.

*599 Petitions

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

*600 Questions from Members of the Council

There was no question from a Member of the Council.

KEY DECISIONS

*601 Budget 2013/14 (Minute *586/12 December 2012)

(Councillors Greenslade, Hannon, Newcombe, Owen and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The County Treasurer reported further on the provisional settlement for 2013/14 and the impact on the preparation of and targets for the Council s Budget for 2013/14 previously determined by the Cabinet, as set out in the Report (CT/13/2 - text only | pdf CT/13/2) circulated prior to the meeting.

Members were reminded that the Secretary of State for Communities and Local Government had announced the Provisional Local Government Settlement for 2013/14 and 2014/15 on 19 December, broadly two weeks later than the corresponding announcement in 2011.

The Comprehensive Spending Review (CSR) published in October 2010 outlined real terms cuts of 28% in local authority expenditure over four years and the Secretary of State's announcement had been for the third year of that CSR period. However, the Chancellor s Autumn Statement published in December had also confirmed that further budget reductions were anticipated for at least three years beyond the current CSR period, up to and including 2017/18; further reducing Government funding for 2014/15 by 2%.

The provisional settlement for 2013/14 had provided the County Council with baseline funding of 224,472,000. This figure was not directly comparable to that for 2012/13 because a number of grants had been rolled in (including a large part of Early Intervention Grant, the Learning Disability and Health Reform Grant, Council Tax Freeze Grant for 2011/12 and Council Tax Benefit Grant).

In terms of the level of reduction year on year the Secretary of State had quoted a 'spending power' reduction of 2.1% for Devon against an average of 1.7% nationally. The way in which 'spending power' had been calculated did not, in the County Treasurer s view, give a true indication of the way Government Grant had diminished because it included some redirected NHS money and Council Tax revenues. As a result it understated the real level of grant reduction. A fairer underlying measure would be to measure the reduction in the formula grant component. The County Treasurer's calculation showed that on a like for like basis the reduction was actually 3.6%.

The provisional baseline funding level for 2014/15 had been set at 205,468,000, reflecting the profiled reduction programmed for the last year of the current CSR period and the further 2% reduction referred to above. Members noted that compared to 2013/14 that would mean a reduction of 19,004,000 or 8.5% which would prove challenging.

In addition to formula grant the County Council would receive a number of specific grants and the County Treasurer confirmed that at the time her Report had been prepared the following grant notifications had been received:

Grant

New Homes Bonus

2,280,000

Local Service Support Grant

362,000

Dedicated Schools Grant

440,255,000

Pupil Premium

16,047,000

Social Fund

1,365,000

Local Reform and Community Voices Grant

626,000

Council Tax Freeze Grant 2013/14

(for 2 years, dependent on no increase)

3,282,000

The County Treasurer emphasised that the uncertainties caused by the fundamental changes to the grant regime were far greater than would normally be the case, particularly in relation to the ability of District Councils to determine council tax bases and the proportion of the business rate yield that would accrue to the County Council, neither of which would be available until the New Year and may yet lead to differences from forecast that would need to be managed.

Nonetheless, the service spending targets previously set by Cabinet on 12 December 2012 (which had been based on an estimate of baseline spending level) were sufficiently close to the figures notified on 19 December not to require amendment at this stage. The County Treasurer therefore recommended that the provisional targets could be confirmed and budgets set within those targets and scrutinised accordingly.

Notwithstanding the concerns expressed at the previous meeting of the Cabinet over the possible impact of the timing of the settlement on the Council s scheduled calendar of meetings it was now felt that provided there were no further delays the original dates of meetings to formulate and scrutinise the budget were still feasible and achievable. The Secretary of State had confirmed that the consultation period for the provisional settlement had been reduced by two weeks (ending on 15 January 2013) which should in turn allow the final settlement to be announced towards the end of January.

The matter having been debated and the options and/or alternatives and other relevant factors set out in the County Treasurer s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the provisional settlement be noted;

(b) that the revenue spending targets approved in December 2012 (Minute 586) be confirmed;

(c) that the shorter consultation period and its significance for the budget setting timetable be noted;

(d) that the Cabinet Member for Resources be authorised to finalise arrangements for business rates pooling should the case for it remain compelling; and

(e) that, in light of the above and there being no further delays, the original dates for meetings set out in the Council s approved calendar of meetings to formulate and scrutinise the budget be adhered to.

*602 Budget Monitoring

(Councillors Greenslade, Hannon, Newcombe, Owen and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The County Treasurer reported on the budgetary position at Month 8 as set out in the Report (CT/13/3 - text only | pdf CT/13/3) circulated prior to the meeting.

The County Treasurer reported that, overall, current forecasts for service led demand indicated little change from that reported previously, particularly in relation to People s services where pressures remained. Place and Corporate Services were forecasting small underspends. Appropriate management action would continue to be taken where individual budget lines were experiencing pressures and to ensure budgetary control was properly exercised. The County Treasurer reaffirmed the importance of managing service provision and expectations for the remainder of the financial year as it was apparent that budget constraints would continue for at least another two years, if not longer (Minute 601 above refers).

Members also acknowledged that the recent extreme wet weather had placed further unexpected financial strains on the Council s budget for which Government assistance would be sought under the Bellwin scheme and as referred to at Minute 598 above.

The Chairman and Members again paid tribute to the efforts of staff of the County Council, the emergency services and partner organisations who had been actively engaged in responding to and dealing with floods, fallen trees, landslides and road closures and assisting with clean-up operations in November and December of last year.

In relation to capital expenditure, an underspending was projected due to slippage in a number of schemes which were being kept under review.

The matter having been debated and the options and/or alternatives and other relevant factors set out in the County Treasurer s Report and/or referred to above having been considered:

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

RESOLVED that the position based on Month 8 be noted.

*603 Assets of Community Value

(Councillors Brazil, Greenslade, Hannon and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the report of the County Solicitor (CS/13/1 - text only | pdf CS/13/1) on a suggested process for the disposal of assets of community value and corresponding variations to the Code of Practice for the Disposal of Surplus Property to reflect the requirements of the Localism Act 2011.

Members noted that, in line with that Act, communities had to be given an opportunity to take control of any assets and facilities of community value within their neighbourhoods so designated although there was no obligation upon the Council to sell. The Report now submitted outlined a process to achieve that whilst ensuring, in line with Minute 51 of Procedures Committee of 1 February 2012, that the necessary technical changes were made to the Code of Practice for the Disposal of Surplus Property.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. equality, risk management, sustainability, public health and legal considerations) set out in the Head of Service s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the process for disposal of assets of community value (set out in s3.2 of the Code of Practice for Disposal of Surplus Property at Appendix I to Report CS/13/1 - text only | pdf CS/13/1) be approved so as to meet the requirements of the Localism Act 2011 and incorporating a process for considering an asset transfer at undervalue where there was evidence of community or social benefit;

(b) that the methodology set out in s3.2 of the Code of Practice for Disposal of Surplus Property for evaluating social and community benefit be endorsed and approval be also given to a discount on open market value based on the total final score of the evaluation for social and community benefit (i.e. where 0% score = 0% discount; 100% score = 100% discount) as set out at s3.2.7 of Report CS/13/1 - text only | pdf CS/13/1;

(c) that, accordingly, the revised Code of Practice for the Disposal of Surplus Property, embodying the requirements of the Localism Act at Appendix 1 be also noted and endorsed.

*604 A39 Roundswell Roundabout Improvement

(Councillors Cann, Greenslade and Hannon attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Greenslade declared a personal interest in this matter by virtue of being the Leader of North Devon District Council and in relation to the emerging North Devon and Torridge Local Plan)

The Cabinet considered the report of the Head of Planning, Transportation Environment (PTE/13/2 - text only | pdf PTE/13/2) seeking approval to the proposed improvement scheme at this junction.

The scheme was intended to create additional capacity to address current traffic queuing, allow for future development in the emerging North Devon and Torridge Local Plan and current planning applications and encourage traffic to use the A361/A39 instead of the A3125 for cross town trips. It also included passive provision for Toucan Crossings for pedestrians and cyclists, if required, to avoid dividing the community and enable sustainable travel.

Members noted that the proposed scheme had been broadly welcomed by local members as being urgently needed (although there was some comment at the appropriateness of the proposed Toucan Crossing) as would any action that could also be taken to similarly reduce congestion at the Cedars Roundabout. Concern was expressed at any proposal to impose different speed restrictions on the North Devon Link Road.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. sustainability, equality, risk management, public health and legal considerations) 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 Hart and

RESOLVED

(a) that approval be given to the scheme shown at Appendix I to Report PTE/13/2 - text only | pdf PTE/13/2 and on drawings EATS(N)498-11-00 and EATS(N)498-13-00 and to the scheme proceeding subject to available funding, at an estimated cost of 1,200,000;

(b) that the County Council enter into negotiations to obtain the land required for the scheme including progression to compulsory purchase if necessary;

(c) that approval be given to the Traffic Regulation Orders required for the scheme being advertised and made and sealed if no objections are received;

(d) that the Head of Planning, Transportation and Environment be authorised, in consultation with the Cabinet Member for Highways and Transportation, to make minor amendments to the scheme design, following consultation.

*605 Proposed Shared Services Arrangement for Pensions Administration

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

(Councillor Davis declared a disclosable pecuniary interest in this matter by virtue of being a member of the Devon County Council Pension scheme and withdrew from the meeting during its consideration)

The Cabinet considered the report of the County Treasurer (CT/13/1 - text only | pdf CT/13/1) on a proposed shared service arrangement with Somerset County Council.

Members were reminded that, in November 2011, the County Treasurer had been approached by Somerset County Council to explore the possibility of a single manager responsible for the Pensions Administration teams of both Councils The County Treasurer advised that she had taken the view that the Council had little to gain from just sharing one managerial post and that worthwhile benefits would only accrue if there was a full shared service arrangement between the two Councils. Talks had therefore continued along those lines and progress reported to the Investment and Pension Fund Committee in May 2012. Since that time discussions had progressed satisfactorily and the Cabinet was now recommended to give formal approval to a shared service arrangement which would see staff transferring from their employment with Somerset County Council to Devon County Council.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. equality, risk management, public health and legal considerations) set out in the Head of Service s Report and/or referred to above having been considered:

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

RESOLVED that the proposed shared service arrangement for Pension Administration Services with Somerset County Council be approved.

STANDING ITEMS

*606 Questions from Members of the Public

There was no question from a member of the public.

607 Notices of Motion - Flooding (County Council Minute 186/6 December 2012)

(Councillor Giles attended in accordance with Standing Order 8 and Councillors Greenslade, Hannon, Newcombe, Owen and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The following Notice of Motion submitted to the County Council had been referred to the Cabinet for consideration and report back:

This Council offers sincere sympathy to all victims of flooding events in Devon during November, and pays tribute to the efforts of those in the rescue and clean-up services who worked very hard on behalf of affected communities, particularly the staff of Devon County Council. This Council believes that development should only be provided after careful consideration of constraints, and development should not take place where this would lead to increased flood risk. This Council regrets that the Planning Inspector in a recent decision at Feniton set aside justified concerns about increased flood risk and sewage contamination in favour of the Government s desire to achieve increased housing provision as specified in the National Planning Policy Framework.

The Cabinet noted that the Chairman of the Council had previously, and publicly, expressed sympathy on behalf of the Council to all of those individuals, communities and businesses who had suffered loss or damage as a result of the recent floods and had also thanked all those involved in helping people in the community, particularly victims of flooding; paying especial tribute to those staff of the County Council and emergency services many of whom had been called upon at all hours, working in appalling conditions and often at risk to their own personal safety to keep others safe and maintain essential services.

Further, and while acknowledging that the specific planning issue referred to in the Notice of Motion above was primarily a matter for East Devon District Council, as local planning authority, Members acknowledged that it would be inappropriate to adopt any blanket resolution opposing development in areas susceptible to flooding as suggested as this could preclude the Council from considering or commenting on any application in the required manner in accordance with the development plan and other material considerations and/or result in it facing allegations of predetermination.

Nonetheless, Cabinet Members and the Head of Service reaffirmed the Council s commitment to continue working closely with Local Planning Authorities in examining and responding to planning applications for development and the needs of communities as a consultee and in the exercise of its role as Local Lead Flood Authority.

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

RESOLVED that in light of the foregoing the County Council be recommended to take no further action on the Notice of Motion.

*608 Delegated Action/Urgent Matters

The Registers of Decisions taken by Members or Officers 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 by Cabinet Members or Officers, if any, since the last meeting had been published with the Agenda for this meeting.

*609 Forward Plan

In accordance with the Council s Constitution, the Cabinet reviewed the Forward Plan (available at ) 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.

*610 Exclusion of the Press Public

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

RESOLVED that the press and public be excluded from the meeting for the following item of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial or business affairs of the Exeter Science Park Company and the South West Local Enterprise Partnership relating to negotiations for the acquisition and disposal of land and property and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

KEY DECISION

*611 Exeter Science Park (Minute 532/11 July 2012)

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012).

(Councillors Greenslade, Hannon 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/13/1) on the financial arrangements required of the Exeter Science Park Company by the Heart of the South West LEP.

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

RESOLVED

(a) that the County Council s commitment to provide a guarantee to the Exeter Science Park Company to underwrite a proportion of the interest accrued on a loan from the Local Enterprise Partnership be endorsed on the understanding that all other share holders commit funds on the same basis and that the Company reimburses the Council, in accordance with the detailed financial arrangements delineated at s 5 of Report EE/13/1; and

(b) that the progress being made with the construction and opening of the Science Park Centre be noted.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 10.30am and finished at 12.18pm.

NOTES:

1. These Minutes should be read in association with any Reports or documents referred to therein, for a complete record.

2. 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.

3.The Minutes of the Cabinet are published on the County Council s website at

Date Published: Thu Jan 10 2013

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