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 Connett, Dewhirst, Julian, Moulding, Owen, Randall Johnson, Westlake, Wright and Younger-Ross
*379 Minutes
RESOLVED that the minutes of the meeting held on 8 July 2015 be signed as a correct record.
*380 Matters of Urgency
(a) Her Majesty Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland, and of Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith
(An item taken under Section 100B(4) of the Local Government Act 1972).
The Chairman, on behalf of the Council, congratulated Her Majesty The Queen upon this day becoming the longest-reigning sovereign in the history of the Country, paying tribute to her contribution to and dedication in the service of the country.
(b) Devolution
(An item taken under Section 100B(4) of the Local Government Act 1972).
(Councillors Connett, Julian 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 may be formally apprised of the latest position with regard to the submission to Government for the greater devolution of powers from Westminster to this Council, relating specifically to economic growth and productivity; health, social care and well-being and infrastructure especially connectivity and resilience.
The Leader of the Council confirmed that a formal Statement of Intent had been submitted, on 4 September 2015, jointly by Devon and Somerset County Councils, Plymouth and Torbay Councils, all District Councils in the area and Dartmoor and Exmoor National Park Authorities and the Heart of the South West Local Enterprise Partnership: a detailed briefing note on the submission had been also circulated to all Members of the Council on that day with the Statement of Intent available on the Council s website at: https://new.devon.gov.uk/democracy/devolution .
The Chairman acknowledged the efforts of all those involved in preparing the Joint Statement of Intent paying tribute, in particular, to the efforts of Sue Rook, Programme Manager within the County Council s Strategy, Policy and Organisational Change Team.
(c) The Meteorological Office
(An item taken under Section 100B(4) of the Local Government Act 1972).
(Councillors Connett 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 light of concerns expressed at the potential impact upon the Meteorological Office (in view of its importance to the economy of the County and wider region) of the BBC s decision not to renew the contract for the Met Office to supply weather presenters and graphics in the future, in order that Members may be apprised of the facts.
The Chairman circulated a statement outlining the current position and Members acknowledged that while the Met Office had lost the contract to supply weather presenters and graphics to the BBC from late 2016, it would continue to provide the Corporation with severe weather warnings and the Shipping Forecast. Detailed reasons for the loss of the contract had not yet apparently been made public and it was understood the Met Office remained in dialogue with the BBC over the matter. The BBC were expected to take the final decision on the procurement later this year, but as part of the process to date it had shortlisted the best bidders and while valuing its relationship with the BBC a detailed evaluation of all bids had resulted in the Met Office s proposals to provide the service not being among those shortlisted.
The Cabinet noted that the Met Office did not anticipate any significant financial effects upon services or staff of the loss of this contract; media reports estimated the value of the current Met Office s BBC Weather contract to be less than 1.4% of its overall revenue from trading activities.
In the circumstances and recognising that this was primarily a business decision and not one therefore in which the Council had any direct powers or duties to enable it to intervene the Chairman commended his Report to the Cabinet, acknowledging nonetheless the continuing need for and desire of the Council to continue to attract high quality employers to the County.
*381 Announcements
(Councillors Connett, Julian, Westlake and Wright attended in accordance with Standing Order 25(2) and spoke to this item).
The Chairman reported that, in light of recent media coverage and the announcement by the Prime Minister relating to the number of refugees and/migrants to be admitted to and re-settled in the UK and the inevitable impact of this crisis upon Councils throughout the Country, he had on the previous day issued a statement to all Members of the Council to keep them abreast of the action the Council would be taking.
He had assured Members that the Council would, necessarily, take whatever action was needed or required of it, once the detail of the Government s policy imitative was known, working in conjunction with other local authorities and other sectors and utilising any available assets, to help ameliorate the position and suffering of those who may find themselves directed to or arriving in this part of the Country. To that end initial contact had already been made with other Councils in Devon, to gauge the potential impact and the steps that could be taken, jointly or independently, to provide a cohesive, common, approach to help those affected by the current large scale population movements from countries around the world.
The wording of the statement issued by the Chairman read:
"There has been an outpouring of sympathy from the British people and I firmly believe that the people of Devon would want us to do our bit to try to relieve the suffering.
"We are not a housing authority so we are unable to offer direct help. But I understand some of our district colleagues in Devon are already considering offering to house some of the refugees and we will be working closely with them.
"That will obviously put extra pressure on our services, such as education and social care, which are already the subject of the Government's austerity savings. So I very much welcome David Cameron's offer to use some of the overseas aid budget to help local councils meet the cost of resettling people from the refugee camps in Syria - particularly orphans and vulnerable children. We are waiting for more details from the Government on that.
"However, I have already asked for an urgent review of how our services would be able to cope and what extra financial resources might be needed so that Devon can play its part in alleviating this terrible human crisis."
*382 Petitions
The Leader was presented by Councillor Wright with a petition organised by a Ms Osborne of Ottery St Mary, containing approximately 250 signatures, seeking a review of parking policy and the introduction of parking restrictions in Slade Road, Ottery St Mary.
[NB: The relevant Head of Service would be asked to respond direct to the petitioners on the issues raised, within 15 days, letting him/her know how long it would take to undertake the requested review in line with the Council s Petition Scheme (https://new.devon.gov.uk/democracy/guide/constitutionparts2-4/part-4-section-7-petition-scheme/) and when that would be concluded and published and/or considered by the relevant Highways Traffic Orders Committee thereafter.]
*383 Questions from Members of the Council
In accordance with the Cabinet Procedure Rules, the Leader and/or relevant Cabinet Member responded to 2 questions from Members of the Council on devolution of powers to the Council and on the resilience of railways and associated infrastructure. The Leader would respond direct to 3 questions on income generation, budget scrutiny and consultation from Councillor Vint who was not present at the meeting.
[NB: See also Minute 380 above].
[NNB: A copy of the questions and answers are appended to these minutes and are also available on the Council s Website at and any supplementary questions and answers may be observed through the webcast of this meeting see Notes below]
KEY DECISION
*384 Transport Capital Programme 2015/16 and 2016/17
(Councillors Connett, Julian, Owen, Westlake, Wright and Younger-Ross 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/15/45 - text only | pdf 
PTE/15/45) seeking approval to the revised capital programme for 2015/16 and 2016/17 reflecting changes to estimated or projected scheme costs and delivery timescales; incorporating an update on progress with the development of other transport schemes.
The overall investment strategy reflected in the proposed programme outlined in the Head of Service s Report was based on the principles of the Devon and Torbay Local Transport Plan for 2011-2026 which had reflected a wide range of consultations with stakeholders and the public. The strategic direction of investment programmes was also driven by the wider spatial strategies developed through individual District Local Plans, all of which were subject to extensive local consultation. Detailed programmes were also influenced by the requirements and priorities of funding partners such as the Heart of SW Local Enterprise Partnership (the LEP) and the Government.
Members noted that the LEP had submitted an Expression of Interest for the anticipated third round of Government Growth Deal funding. The County Council had successfully secured funds for a number of schemes in the first two rounds and would be also submitting an Expression of Interest through the Local Transport Board as set out in Appendix I to the Head of Service s Report. Government was not expected to publish detailed criteria and timescales for Round 3 until February/March 2016 at the earliest. Local match funding would be an important element of any Growth Deal bids and provision would need to be made from s106 agreements, CIL, Local Transport Plan Integrated Block and the Council s own funds specifically set aside for that purpose within the Council s approved budget.
In relation to the responsibilities placed upon the Council to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010, the Report acknowledged that local consultations would take place on individual schemes as they progressed, including through the planning process, where relevant, and that the environmental aspects of schemes would be fully assessed through the separate Environmental Impact Assessments to be considered by Highways Traffic Orders Committee; the Assessment recognised the overall intent of the programme was to make a positive impact on the wider community through, for example, easing congestion, reducing journey times for all users, improving access to employment and education and recreational destinations
The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, 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 Hughes, and
RESOLVED
(a) that the Place 2015/16 capital programme be enhanced by 613,000 from developer and external contributions and by 391,000 from external grants and the 2016/17 capital budget be also enhanced by 3,654,000 from developer and external contributions;
(b) that the Cabinet Member for Highway Management and Flood Prevention and Head of Planning, Transportation and Environment be authorised, in consultation with local County Councillor(s), to approve the detailed Local Transport Plan (LTP) Integrated Block funded schemes programme;
(c) that the current approved budgets be allocated to the LTP schemes as set out in Appendix 1 to Report PTE/15/45 - text only | pdf PTE/15/45; and
(d) that approval be also given to 3,873,000 of the enhancements referred to at (a) above being now committed to enable schemes to proceed in advance of the funding being received.
*385 Budget Monitoring 2015/16 - Position at Month 4
(Councillors Connett, Owen, Westlake and Younger-Ross attended in accordance with Standing Order 25(2) and spoke to this item).
(Councillor Younger-Ross declared a personal interest in this matter in relation to Adult Social Care matters (paragraph 2.4 of the Report) by virtue of his spouse being employed by the NHS in that field and Councillor Parsons declared a personal interest in this matter and paragraph 2.4 of the Report by virtue of his spouse being an approved foster carer).
The Cabinet considered the Report of the County Treasurer (CT/15/69 - text only | pdf CT/15/69) on the position at Month 4 outlining those areas where there were specific pressures on budgets, potential under- and over-spendings in the current financial year and on management action being taken where individual budget lines were experiencing pressures.
The Cabinet noted that the current forecast indicated a potential overspending of 7,000,000 for People Services; the most significant area of which related to Children s Social Work and Child Protection, by virtue of higher numbers of Looked After Children, the higher cost of placements of Looked After Children especially in Residential placements and Supported Lodgings and staffing costs. These projected overspends were partly offset by expenditure on Children with Disabilities which was forecast to underspend by 931,000 due to a lower number of residential placements and reduced day care and respite costs. The Education and Learning service was forecasting an overspend of 444,000 with increased transport costs and Adult Social Care services were showing an underspend of 1,200,000 resulting from the delay in the tender for personal care.
Place Services currently indicated a balanced financial position at Outturn and an underspend of 1,000,000 was forecast for Corporate Services principally because of further delay in legislation relating to the Medical Examiner service and favourable negotiations on mortuary contract costs.
The Cabinet Member for Children, Schools and Skills re-iterated that neither Members nor Officers were complacent about the challenges facing the Council in children s services and safeguarding or the need to reduce costs where possible. He acknowledged also the concerns of members of the Council that, notwithstanding the level of protection afforded to budgets for children s services in the recent past those pressures had apparently not been dealt with. While acknowledging also the concerns of Members of the Council that, notwithstanding the level of protection afforded to budgets for children s services in the recent past, those pressures had apparently not been dealt with he robustly argued the case for the Council to continue investing in the future of its young people and strive to improve services, as recognised and required by Ofsted.
The Cabinet Member for Resources and Asset Management reported the representations made by the Local Government Association to Government that Councils across the length and breadth of the country would struggle to deliver social care services were public spending to be further reduced in the next local government finance settlement. He also emphasised that while it was still early in the financial year the projected overspending within the People s suite of services was of great concern and management action would continue, in an attempt to reduce that forecast overspending to achieve a balanced budget. Should further cost reductions or income generation not be found in the near future to balance the budget, he advised that it might be necessary to implement a financial recovery plan across the whole Council.
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 4 be noted.
*386 Kingskerswell Village Traffic Calming, Pedestrian and Cycle Scheme
(Councillor Dewhirst 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/15/46 - text only | pdf | supplementary information PTE/15/46) on proposals, consequent to the coming into use of the A380 South Devon Highway, to change the character of Newton Road and Torquay Road in Kingskerswell to a local access route through the construction of a series of traffic calming features and pedestrian and cycle facilities along the route.
The Head of Service s Report outlined a package of proposals which, if approved, would enable the route to act as a sustainable transport corridor following the opening of the A380 South Devon Highway, when traffic movements through the village of Kingskerswell were expected to drop significantly. The proposals recognised the increasing importance of this route with the opening of the Decoy cycle route and the completion of the planned Aller junction to Newton Road section and further cycle links on the Torbay side.
Members noted that public consultations had taken place on two occasions: in April and May 2013, to determine the major issues, and during July and August 2014 on the preliminary designs. Some 73 people had attended the consultation events in 2013 complemented by a number of online responses and phone calls, which had evinced general support for more and better walking and cycling facilities and a reduced speed limit of 30mph through the village. The 2014 consultation had elicited a total of 216 responses following which the proposals had been amended as detailed in the Head of Service s Report. There had, for example, been strong support for removing the existing Traffic Regulation Order banning some turning movements at Southey Lane which had been incorporated into the revised proposals as had the suggestion of moving the bus stops into the carriageway which had received support from Stagecoach Devon. The scheme as now proposed was strongly supported by the local County Councillor.
The Head of Service s Report also referred to an Impact Assessment relating to the possible impacts of the proposal, circulated previously, 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, where relevant. That Assessment recognised that the scheme aimed to calm traffic and reduce vehicle speeds and that, together with the improvements to walking and cycling infrastructure, it would make it easier to move around the village and beyond for those groups who either could not drive or did not have access to a vehicle, enabling easier movement across the village, east to west.
The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, 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 Hughes, SECONDED by Councillor Hart, and
RESOLVED
(a) that approval be given to the scheme shown at Appendix 1 to Report PTE/15/46 - text only | pdf | supplementary information PTE/15/46 (drawing numbers B2300211/Cabinet/1-3) at an estimated cost of 581,000: provided that the Head of Planning, Transportation and Environment be also authorised, in consultation with the Cabinet Member for Highways and Flooding and the local County Councillor, to make minor amendments to the scheme;
(b) that approval be also given to Traffic Regulation Orders to reduce the speed limit through the village from 40mph to 30mph and allowing the implementation of zebra crossings as shown in Appendix 1 to Report PTE/15/46 - text only | pdf | supplementary information PTE/15/46 and also revoking the current Traffic Regulation Order in place at the junction of Torquay Road and Southey Lane banning the right turn out of and the left turn in to the junction, being advertised and, if no objections are received, being made and sealed.
[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/].
*387 A382 Corridor Improvements
The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/15/47 - text only | pdf | supplementary information PTE/15/47) seeking approval to the acquisition of land and submission of necessary planning applications for this scheme which had been designed to improve access to Newton Abbot and the A38, through improving the A382 corridor between them.
Members acknowledged that the A382 was a key route connecting Newton Abbot at Churchill s Roundabout with the A38 on the Strategic Road Network at Drumbridges roundabout but that the existing road was of a low standard with poor alignment, high traffic flows and no facilities for pedestrians or cyclists. The scheme, as now proposed, would facilitate the delivery of development to the west of Newton Abbot, improve journey times, improve safety on the A382 and encourage the use of sustainable modes of transport.
The proposed scheme would also provide for and mitigate the impact of additional traffic from future residential and employment developments in the area contained within Teignbridge District Council s adopted Local Plan and was also consistent with the aims of the Devon and Torbay Local Transport Plan for economic growth. In addition to the consultations on the local plan on the improvement of this highway, formal consultations had been undertaken on the preliminary design in March 2015 (details of which are available at http://www.devon.gov.uk/a382-consultation-summary-report.pdf) when the majority of consultees/respondents expressed satisfaction with the proposals. Concerns had however been expressed about locating the pedestrian/cycle path on the southern side of the road and, following further consideration, it was now proposed that the path be located on the northern side between Drumbridges and Forches Cross, continuing into Newton Abbot on the southern side with a bridge at Forches Cross.
The Head of Service s Report also referred to the detailed Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously, 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, where relevant. That Assessment recognised the scheme would have a positive impact on pedestrians and cyclists with the provision of a new shared pedestrian/cycle path and additional improvements in the Churchill s/Jetty Marsh roundabout area, connecting to new facilities at Drumbridges and other routes into Newton Abbot. Overall, the proposals would enable sustainable travel to/from new employment and residential developments on the A382 corridor. Access and safety would also be improved for children/parents accessing Stover School and other secondary schools in Newton Abbot. In economic terms the scheme would also facilitate travel and development which would have a beneficial impact upon the local economy by enabling employment and housing development in the area to proceed with mitigated impact.
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 B11029/63/BW1/BW2/BW3 at Appendix 3 to Report PTE/15/47 - text only | pdf | supplementary information PTE/15/47 and to the submission of any relevant planning applications and commencement of necessary land acquisition.
[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/].
*388 Barnstaple: A361 Portmore Roundabout Improvement
The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/15/48 - text only | pdf | supplementary information PTE/15/48) on the detailed scheme for the improvement scheme of Portmore Roundabout on the A361 North Devon Link Road.
Portmore Roundabout, the main eastern access for Barnstaple, was a key junction on the A361\A39 strategic corridor linking the M5 to North Devon and Torridge. The proposed junction improvement was regarded as essential for long term traffic management on the A361 and would deliver immediate benefits for road users. The Head of Service s Report also indicated that delivering the scheme in conjunction with adjacent development offered an opportunity for early delivery using matched funding from the development and Growth Deal sources. A business case to match fund the scheme had been supported by the Local Transport Board of the Heart of the South West Local Enterprise Partnership (LEP).
This junction improvement had been included in the Draft Joint North Devon Torridge Local Plan which had been the subject of extensive local public consultation between 2012 and 2015 and the detailed junction scheme had also been the subject of a separate public consultation exercise in 2014. There had been widespread support for improvements to the route including key junction improvements like Portmore.
The Head of Service s Report also referred to an Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously 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, in line with the Equality Act 2010, The Assessment recognised the scheme would reduce congestion and improve access, particularly for education purpose, and have a positive impact on employment and existing businesses.
The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, 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 approval be given to the scheme shown at Appendix I to Report PTE/15/48 - text only | pdf | supplementary information PTE/15/48 (drawing number 14600-36-0) at an estimated cost of 1,580,000: provided that the Head of Planning, Transportation and Environment be also authorised, in consultation with the Cabinet Member for Economy, Growth and Cabinet Liaison for Exeter and the local County Councillor, to make minor amendments to the scheme;
(c) that approval be also be given to the necessary land acquisition for this scheme and to the use of compulsory purchase powers, if required.
[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
*389 Annual Childcare Sufficiency Report
(Councillors Connett, and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the Report of the Head of Education Learning (EL/15/14 - text only | pdf EL/15/14) outlining the content of the third Annual Report, summarising how the Council was meeting its statutory duty to secure sufficient early years and childcare places and identifying future challenges and action in meeting that duty.
As indicated in the Head of Service s Report, the 2014/15 Childcare Sufficiency Report would show that the Council had met its statutory requirement to provide sufficient early years and child care places for families, acknowledging also the spread of different types of provision as between rural and urban areas and encapsulating key findings from 2014/15 data and actions for the service in 2015/16.
Members welcomed the increase of early years provision in the year, the increase in take-up of places and the numbers of providers approved for 2 year funding and graded as Good or Outstanding by Ofsted and acknowledged the Annual Childcare Sufficiency Report and supporting documentation would be published on the Council s website in due course.
The matter having been debated and the options and/or alternatives and other relevant factors 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 McInnes, SECONDED by Councillor Hart, and
RESOLVED that the Cabinet welcome and endorse the Annual Childcare Sufficiency Report for 2014/15.
[NB: The final version of the Annual Childcare Sufficiency Report will be available in due course at:
*390 Sky Lanterns- Representations from Mid Devon District Council
(Councillors Connett and Younger-Ross attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet acknowledged the receipt of representations from Mid Devon District Council, dated 13 July 2015, inviting the County Council to consider banning the release of Sky/Chinese lanterns from County Council land and property. The District Council had itself done so in relation to its landholdings, as a consequence of a Notice of Motion relating thereto adopted by that Council on 29 April 2015, having regard to concerns expressed at the possible harm to animals, buildings in the countryside and thatched properties.
The Cabinet noted that while concerns over the use of Sky/Chinese lanterns had been raised with the Council previously it had been reluctant to consider attempting to introduce bans, voluntary or otherwise, or impose restrictions on the use/release of lanterns on or from its land on the grounds that it would be very difficult to enforce, even if it were legally possible so to do, given the difficulties in determining from where lanterns may have been released, irrespective of weather conditions.
The Cabinet acknowledged this was a matter for the Government to legislate upon if they felt that was necessary although this Council would continue to support representations to wholesalers and supermarket chains nationally to withdraw such goods from their shelves and would strongly support the advice of the Devon Somerset Fire Rescue Service (at: http://www.dsfire.gov.uk/YourSafety/SafetyInTheHome/ChineseLanterns/Index.cfm?siteCategoryId=4T1ID=91T2ID=500) and the Code of Practice produced by the Trading Standards Institute covering the supply and use of Sky/Chinese lanterns (available at http://www.tradingstandards.gov.uk/policy/skylanterns.cfm
It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and
RESOLVED
(a) that Mid Devon District be advised that the County Council does not have any powers to regulate or enforce the use of Sky/Chinese lanterns, that this a matter for Government to legislate upon should it feel it necessary so to do and that this Council believes it would be more effective to make representations to wholesalers and major supermarket chains and to Government (through the LGA and Members of Parliament) on this issue;
(b) that the County Council s views on this matter be conveyed to Devon MPs.
STANDING ITEMS
*391 Questions from Members of the Public
There was no question from a Member of the public.
392 Notices of Motion Grass Cutting and Disposal of Waste- Voluntary Groups and Tipping Charges (County Council Minute 140(b)/23 July 2015)
(Councillor Connett attended in accordance with Standing Order 25(2) and spoke to this item).
The following Notice of Motion submitted to the County Council by Councillor Greenslade had 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:
that the County Council agrees to exempt public bodies and voluntary groups from paying tipping charges where such bodies step forward to maintain highways verges/roundabouts at a standard higher than existing DCC policy provides for subject to prior agreement with local Highways Officers; such agreement should specify the time frame it covers with any budgetary implications for the Place Directorate in 2015/16 to be compensated for at outturn for the year .
The Cabinet acknowledged representations received from Councillor Greenslade (the Mover of Notice of Motion) - who was unable to attend and speak at the meeting under the provisions of Standing Orders - that, if it was the desire of the County Council for others such as Town Parish Councils to voluntarily take responsibility for grass-cutting, those bodies should not be disadvantaged in so doing or be expected to incur charges for disposal of waste whilst, effectively, acting for the County; urging the Cabinet to recommend adoption of the Notice of Motion.
In responding to the points raised by the mover of the Notice of Motion, the Cabinet Member for Community Environmental Services indicated his willingness to recommend acceptance of the Notice of Motion, which broadly reflected current policy, subject to a minor textual amendment (as shown below) and
It was then MOVED by Councillor Croad, SECONDED by Councillor Hughes, and
RESOLVED that the County Council be recommended to adopt the Notice of Motion as set out below with the words highlighted having been moved from their original location within the text, namely:
that subject to prior agreement with local Highways Officers the County Council agrees to exempt public bodies and voluntary groups from paying tipping charges where such bodies step forward to maintain highways verges/roundabouts at a standard higher than existing DCC policy provides for; such agreement should specify the time frame it covers with any budgetary implications for the Place Directorate in 2015/16 to be compensated for at outturn for the year .
*393 Minutes
It was MOVED by Councillor Croad, SECONDED by Councillor Hart, and
RESOLVED that the Minutes of the following and any recommendations to Cabinet therein be approved:
Personnel Partnership - 6 July 2015;
Farms Estate Committee 16 July 2015;
Devon Exeter Rail Project Working Party 17 July 2015; and
Devon Authorities Waste Reduction Recycling Joint Committee - 20 July 2015.
[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 .]
*394 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.
*395 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/)
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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 4. A recording of the webcast of this meeting will also available to view for up to six months from the date of the meeting, at http://www.devoncc.public-i.tv/core/portal/home |
*DENOTES DELEGATED MATTER WITH POWER TO ACT
The meeting started at 10.30am and finished at 12.31pm
APPENDIX
QUESTION(S) FROM MEMBER(S) OF THE COUNCIL
9 September 2015/Minute *383
1. QUESTION FROM COUNCILLOR VINT
Re: Income for 2016/2017 Budget
What opportunities have been identified for increasing the income of the council in 2016/17 without imposing additional charges on residents? For example, what additional income could be obtained from Renewable Energy installations on council assets or from rental of council rooms, buildings, vehicles or other underused assets? To what extent might such additional income enable a reduction in budget cuts in 2016/17?
REPLY BY COUNCILLOR CLATWORTHY
Since the Government s Spending Review of 2010 the County Council has had to make savings of more than 170,000,000 with a further 100,000,000 expected to be made in the coming years. All areas of service delivery are under review and income generation has a role to play. Councillor Vint was, I seem to recall, assured last year at the Joint Scrutiny meeting that the potential for income generation was always explored but as Councillor Hart has said previously, the level of savings required means there are no sacred cows . I can however assure Councillor Vint that through the budget appraisal process and in examining plans for future financial years each service area will necessarily include both budget savings and any potential to generate income.
2. QUESTION FROM COUNCILLOR VINT
Re: Scrutiny of Preliminary Budget Proposals
What opportunities will there be for Scrutiny Committees and relevant working groups to advise on priorities and guiding principles underlying the budget for 2016/17 prior to the drafting of preliminary budget proposals?
REPLY BY COUNCILLOR CLATWORTHY
There will, as usual, be full opportunity for scrutiny of the budget prior to its final determination by the Council in February next year but, and as Councillor Vint will know, it is not the practice here for Cabinet to dictate how Scrutiny Committees undertake their business, directly or through Task Groups and, indeed, the way in which they have, individually or jointly, scrutinised the budget has changed and evolved over time.
As I understand it, the Chairmen and Vice-Chairman of Scrutiny Committees reviewed the process after last years budget and generally felt that the 3 stage scrutiny process of budget scrutiny was again felt to have been well conducted and had resulted in as effective and co-ordinated consideration of the budget possible in these circumstances. Assuming that to be the case - and that more detailed guidance will emerge shortly as has happened in the past - the process will I assume start in the November cycle with In-Year briefings to each Scrutiny Committee on progress with the delivery of the current year s budget against the Council s agreed priorities and objectives. This will, I believe, be complemented by a Masterclass for all Members on the morning of the Corporate Services Committee in November explaining the budget development process and timetable for next year, including funding sources, grants, reserves and other freedoms or restrictions on spending imposed by Government etc., which will hopefully provide a platform for effective scrutiny of the 2016/17 budget.
Detailed consideration of draft budgets by individual Scrutiny Committees and the super scrutiny meeting will be undertaken in January of next year prior to consideration and determination of the budget by the Cabinet and or Council. I would however urge members to take advantage during the latter stage of the process of the dedicated electronic mailbox facility - to ask any questions of fact or on the interpretation of the papers in advance of the joint session - which as I seem to recall was not used much last year and which could possibly have been of help to members in having advance notice of those detailed questions and answers - rather than those being asked on the day.
3. QUESTION FROM COUNCILLOR VINT
Re: Priorities, Budget Proposals and Protection of Minority Groups
What existing council priorities, policies and principles will inform the drafting of proposals for the 2016/17 budget to ensure that minority groups including the elderly, young, disabled, those on low incomes or other vulnerable residents are protected as far as possible from the impact of budget cuts?
REPLY BY COUNCILLOR CLATWORTHY
The Council will obviously wish to have regard to all relevant policies in determining its priorities and setting the budget. As Councillor Vint may recall, the Council s vision document Better Together , presents a set of desired outcomes which, in turn, the Council s new operating model guides it in meeting the challenges facing it; against the five themes: resilient, healthy, prosperous, connected and safe.
Full equality impact assessments must be undertaken prior to the Council setting a budget - to enable it to consider the impact of any budget proposals. These must identify significant risks and mitigating action required. Councillor Vint may wish to remind himself of the detail and content of such assessments for all service areas alongside specific equality impact assessments undertaken as part of the budget s preparation which, for last year, are available at https://new.devon.gov.uk/impact/published/budget-setting-201516/. Additionally, a wide range of consultation events are held including with the voluntary sector, the business sector and trade unions as well as the general public.
4. QUESTION FROM COUNCILLOR WESTLAKE
Re: Devolution
Will the Leader give a update on the proposal for devolution of power between Devon and Somerset?
REPLY BY COUNCILLOR HART
As Councillor Westlake will recall, a briefing note was sent to all Members of the Council toward the end of August and I also met with him subsequently to brief him further, face to face. He will also, I hope have seen the further update sent out to all Members of the Council on Friday of last week on progress with the bid by Somerset and Devon Councils for greater devolution of powers, which I also referred to earlier in the meeting, together with a copy of the press release issued on the submission to Government of the agreed Statement of Intent, which is itself available on the Council s website at https://new.devon.gov.uk/democracy/devolution
As previously indicated, I will continue to update Group Leaders on developments but, for now, we obviously await a response from Government.
5. QUESTION FROM COUNCILLOR WESTLAKE
Re: Dawlish Sea Wall and Infrastructure
Can Councillor Leadbetter say what is the County Council s response to the Exeter University report on the Dawlish sea wall and future investment.
REPLY BY COUNCILLOR LEADBETTER
The County Council has not yet seen the University s detailed Report although Officers have seen and commented on the draft Baseline Study which Network Rail is also expected to publish shortly. When we receive or are able to obtain a copy of the Report we will of course examine it closely and I will let Councillor Westlake have sight of any comments we may have on it.
As Councillor Westlake will know, the Council is already working closely with Network Rail, the Environment Agency and Teignbridge District Council on the Exeter to Newton Abbot resilience study which will examine options for any future work required along the current line to address climate change and other resilience issues.