Meeting documents


Committee Agenda

Wed Jan 09 2013

Related Documents:
minutes for this agenda

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


Chief Executive



1. Apologies for Absence

2. Minutes of the meeting held on 12 December 2012 (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

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

County Treasurer to report on the provisional settlement for 2013/14 and the impact on the preparation of and targets for the Council s Budget for 2013/14.

Electoral Division(s): All

8. Budget Monitoring

County Treasurer to report on the budgetary position at Month 8.

Electoral Division(s): All

9. Assets of Community Value

Report of the County Solicitor (CS/13/1 - text only | pdf CS/13/1) on a process for the disposal of assets of community value and variations to the Code of Practice for the Disposal of Surplus Property to reflect the requirements of the Localism Act 2011, attached (Page 7).

Electoral Division(s): All

10. A39 Roundswell Roundabout Improvement

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, attached (Page 15).

Electoral Division(s): Chulmleigh, Swimbridge, Fremington Rural and Barnstaple South

11. Proposed Shared Services Arrangement for Pensions Administration

Report of the County Treasurer (CT/13/1 - text only | pdf CT/13/1) on a proposed shared service arrangement with Somerset County Council, attached (Page 22).

Electoral Division(s): All




12. Question(s) from Members of the Public

13. Notice of Motion: Development Management (County Council Minute 186(c)/6 December 2012)

The following Notice of Motion submitted to the County Council by Councillor Giles has 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 desire to achieve increased housing provision as specified in the National Planning Policy Framework.

The Cabinet will be aware that at the last meeting of the County Council, the Chairman of the Council publicly expressed on behalf of all Members sympathy to all of those individuals, communities and businesses who had suffered loss or damage as a result of the recent floods and publicly thanked all those involved in helping people in the community, particularly victims of flooding, and paid 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 is primarily a matter for East Devon District Council, as local planning authority, Cabinet be reminded 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.

14. Delegated Action/Urgent Matters

The Registers of Decisions taken by Members or Officers 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 25).

15. 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: ]


16. Exclusion of the Press Public

Recommendation: 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.

17. Exeter Science Park (Minute 532/11 July 2012)

[An item to be considered by the Cabinet in accordance with the Cabinet Procedure Rules and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, no representations having been received to such consideration taking place under Regulation 5(5) thereof]

Report of the of 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, attached (GOLD paper).

Electoral Division(s): All


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

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 Committee Secretary at the conclusion of the meeting for disposal


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

Cabinet Member Remits

Councillors Hart (Policy Corporate), Barker (Adult Social Care, Families and Post 16), Clatworthy (Resources), Croad (Environment Community), Davis (Children, Health Wellbeing), S Hughes (Highways Transportation), Leadbetter (Business Services and Cabinet Liaison for Exeter) and Mumford (Economy, Enterprise and Employment)

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

Agenda, Reports and Minutes of the Cabinet are published on the Council s Website at

Webcasting of Meetings

The proceedings of this meeting may be recorded for broadcasting on the internet via the County Council s website Information Devon . The whole of the meeting will 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:

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 leaflet Having Your Say at:



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: or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD.

Induction loop system available


9 January 2013

Schedule of CABINET MEMBER?OFFICER Decisions taken since previous meeting

Cabinet Remit/Officer

Matter for Decision

Effective Date

Economy, Enterprise Employment

Approval to transfer capital funds from the RE4D Grants budget to DCC s Energy and Sustainability budget

18 December 2012


Approval to a contribution of 2250 towards remedial works at the Ockment Centre and to subsequent transfer the freehold for 1 to the Ockment Community Association,

11 December 2012

Approval to new capital maintenance project at Bolham Primary School at a cost of 5,000 from savings made on the Dawlish Community College ATP improvements projects approved in the Capital Programme for 2012/13. (Ref report PTE/12./17

12 December 2012

Approval to various matters relating to the Capital Programme 2012/13 and Contract Matters,

21 December 012

Highways Transportation

Approval of a select list of tenderers for the Crediton Link Road

11 December 2012

Approval to undertake public consultation on the Tavistock to Bere Alston Railway and cycle way project between 25 January 2013 and 8 February 2013,

11 December 2012

The Register of Cabinet Member 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.

Date Published: Wed Jan 02 2013