Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 6 October 2016.

The Chairman of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 6 October 2016 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chairman reported that the County Council’s Social Workers had received a number of accolades at the 2016 Social Worker of the Year Awards, placing them among the highest achieving authorities in the sector. Across 15 categories, celebrating the achievements of social care practitioners supporting children and adults, 8 social workers or social worker teams from Devon had been selected as finalists of whom 3 had subsequently been declared category winners and/or runners-up: namely the Council’s Daytime Adult Mental Health Practitioner Service (whose members took Gold to win the Team of the Year category for adult social care); Exeter based Maria Kneller (who took Silver in the Adult Social Worker of the Year category) and Joanna Armstrong (who took Silver in the Practice Educator of the Year category).  The other  finalists  were Jean Beynon and Juanita Scallan (Team Leader of the Year), Jenny Harris (Children’s Social Worker of the Year),  Mark Pilkington (Newly Qualified Adult  Social Worker of the Year) and the Barnstaple Community Health and Social Care Team (Team of the Year, Adult  Services). On behalf of the Council, the Chairman paid tribute to the excellent work undertaken by all of the Council’s Social workers.

The Chairman also reported that the County Council had received two other awards namely: the Devon Environmental Business Initiatives’ Award for Public Service in Devon (for helping communities start up their own renewable energy projects) and the British Construction Industry’s ‘Community Engagement Award’  for the A380 South Devon Highway.

There was no item raised as a matter of urgency.

Petitions, Questions or Representations from Members of the public in line with the Council’s Petitions and Public Participation Schemes.

There was no petition or question received from a member of the public.

In accordance with the Council's Public Participation Rules, the Council received and acknowledged oral representations made by a Mr Wearne and a Ms Wood on a matter relating to the functions of the Council, specifically on the impact of the Clinical Commissioning Group’s Sustainability & Transformation Plans (STP) for NHS services in Devon.  

The Chairman responded, thanking Mr Wearne and Ms Wood for their attendance and presentations, acknowledging representations made by them had been heard by the Members of the Council and would be taken into account, as necessary, at the appropriate stage of the Council’s proceedings (Minute 73 below refers). 

[NB: See also responses to Questions referred to at Minute 65  below.  A copy of all of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below]

There was no petition received from Member of the Council.

Answers to questions from Members of the Council pursuant to Standing Order 17.

In accordance with the Council’s Procedure Rules, the Leader and relevant Cabinet Members provided written responses to 12 questions submitted by Members of the Council relating to Penalty Charge Notices, Strategic Cycle Routes, the High Court Ruling on the Totnes One Way system, Exeter Bus Station Redevelopment, North Devon Link Road, Rail Services, Vehicle Emissions and Green Waste (Landfill, Recycling and Community Composting).

The Leader also responded orally to a question on the Chancellor's Autumn Annual Statement and, alongside Cabinet Members, also responded orally as appropriate, to any supplementary questions arising therefrom.

[NB: A copy of the questions and answers are appended to the signed minutes and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below].

To consider the recommendation(s) of the Investment and Pension Fund Committee (2 December 2016) relating to the approval of the Business Case for the Brunel Pooling Partnership, circulated previously for the attention of Members at this meeting; The report of the County Treasurer (CT/16/105) being available at http://democracy.devon.gov.uk/ieListDocuments.aspx?CId=187&MId=314&Ver=4 and exempt information available to Members only in line with the Councils Access to Information Rules.

(Councillors Davis and Mathews declared Disclosable Pecuniary Interests in this matter by virtue of being a member of the Devon LGPS and in receipt of a widowers pension respectively, and  withdrew from the meeting  during  its consideration).

The Council considered the recommendations of the Investment & Pension Fund Committee held on 2 December 2016 (Minute 30 thereof) relating to the adoption by the County Council of the final Business Plan for the establishment of the Brunel Pooling Partnership. 

The Investment & Pension Fund Committee had considered the Report of the County Treasurer (CT/16/105), which had been made available previously for the attention of all Members at this meeting, outlining the process of preparation and content of the full Business Case; to establish a company called Brunel Pension Partnership Ltd (Brunel company or BPP Ltd) regulated by the Financial Conduct Authority (FCA) and incorporating governance arrangements for client side oversight and contract management.  The Business Case had been developed as summarised in that Committee’s Minutes and set out more fully in the County Treasurer’s Report and had been subject to review by the Finance (s151) and Monitoring Officers of each of the 10 constituent administering authorities throughout the process. It had subsequently been endorsed by the current Shadow Oversight Board, comprising the Chairmen of the 10 funds. It [the business case] had been prepared by Officers of the 10 administering authorities, supported by professional expertise from PWC (operational and financial support), Osborne Clark (legal support), Alpha (FCA expertise), JLT (project support) and Bfinance (investment advice).

Councillor Gilbert, Chairman of the Investment & Pension Fund Committee, MOVED and Councillor Edgell SECONDED that the recommendations at Minute 30 of that Committee be approved and: 

(a) that, in its capacity as the Administering Authority for the Devon Pension Fund and having received and reviewed the recommendation of the Investment & Pension Fund Committee and the Business Case submitted to it, the County Council resolve to enter into investment pooling as part of the Brunel Project with respect to the Devon Pension Fund’s investments;

(b) that such resolution is made on and subject to the following terms and conditions:

(i) that the Brunel Pension Partnership investment pool be developed, funded and implemented substantially in accordance with the terms and provisions described in the Business Case considered by the Investment & Pension Fund Committee, and more particularly:

(ii) that a Financial Conduct Authority (FCA) regulated company to be named Brunel Pension Partnership Limited be established and operated with all necessary and appropriate arrangements as to its ownership, structure, governance and services capability;

(iii) that a new supervisory body comprising representatives of the Council and all other participants in the Brunel Pension Partnership be established to ensure oversight of Devon Pension Fund investments and participation in the Brunel Pension Partnership;

(c) that the Investment & Pension Fund Committee be authorised and granted delegated powers to undertake such tasks as it thinks appropriate to progress implementation of investment pooling and to take such decisions and do all other things deemed necessary in order  ...  view the full minutes text for item 66.

To consider reports from Cabinet Members.

The Council received reports from the relevant Cabinet Members on matters of interest or service developments relating to their remits which had occurred since the previous meeting or were likely to have an impact in the future or on specific issues upon which they had been asked to comment, as set out below:

(a)        Policy & Corporate

Councillor Hart commented, as requested by Councillor Greenslade, on the current position with regard to Devolution and the impact of the defence review. He also drew attention to recent reports of a possible bid for unitary status by one or more District Council’s in Devon acknowledging, were that to prove to be the case, the County Council should, in his view, consider what line to take to safeguard the interests of the whole of the County.

(b)        Children, Schools & Skills

Councillor McInnes circulated a report (appended to the published Minutes) and commented, as requested by Councillors Hannaford and Hannan, on action being taken to support West Exe School in the continuing absence of the Head teacher (to ensure it continues to operate effectively) and upon the provisions of the Children & Social Work Bill and representations made to the Minister of State on the Bill, expressing concerns at what was being proposed. He undertook to circulate copies of correspondence relating to the latter to all Members of the Council.

(c)        Performance & Engagement

Councillor Parsons circulated a report (appended to the published Minutes) and commented, as requested by Councillor Hannan, on the Council’s policies for engaging Consultants and compliance therewith; acknowledging that while the Council’s policy did not appear to have  been fully complied with in every instance there had been no breach of taxation or HMRC requirements and the rules and administration thereof would be reviewed.

(d)        Economy, Growth & Cabinet Liaison for Exeter

Councillor Leadbetter circulated a report (appended to the published Minutes) and commented, as requested by Councillor Westlake, on flood prevention work on and the resilience of the rail network in Devon including an update on the Report of the Peninsula Rail Task Group which had been presented to Parliament on  23 November 2016. The Cabinet Member also commented, as requested by Councillor Hannaford, on discussions held with Exeter City Council to secure action by that Council in reinstating a bank in the Redhills areas of Exeter and upon the rollout of superfast broadband by BT at the Sowton Industrial Estate in Exeter as part of that company’s commercial investment which was outside the Connecting Devon & Somerset Programme.

He also responded to questions on the resilience of the railway line at Dawlish and Teignmouth and upon the Secretary of State for Transport’s recent announcement on the future organisation and delivery of rail services and infrastructure provision upon which further clarification was awaited.

(e)        Highway Management & Flood Prevention

Councillor Hughes commented, as requested by Councillors Hook and Greenslade, on yellow box marking at junctions (where any issue should be raised in the first instance with the relevant Neighbourhood Highway Team) and  ...  view the full minutes text for item 67.

To receive and approve the Minutes of the under mentioned Committees.

The Chairman of the Council MOVED and it was duly SECONDED that the Minutes of the under-mentioned meetings of Committees be approved.

Appeals                                                -           10 October and 14 November 2016

Appointments & Remuneration              -           18 October 2016

Development Management                    -           19 October and 23 November 2016

Standards                                             -           7 November 2016

Audit                                                    -           22 November 2016

Public Rights of Way                             -           24 November 2016

Investment and Pension Fund                -           2 December 2016*

Health & Wellbeing Scrutiny                   -           8 November 2016

Place Scrutiny                                       -           15 November 2016**

Peoples Scrutiny                                   -           17 November 2016

Corporate Services Scrutiny                   -           28 November 2016

The Motion was put to the vote and declared CARRIED.

[*excepting Minute 30 thereof: see Minute  66 above and ** addition of Councillor Greenslade to the list of those present].

To receive and consider the recommendations of the Cabinet relating to Councillor Connetts Notice of Motion.

The text of the original Notice of Motion, the Cabinet’s recommendation and any reasons therefor may be seen in full at Minute 104(a) of the Cabinet held on 9 November 2016 (Page 6 of 9 November 2016 meeting, Green Pages).

Pursuant to County Council Minute 54 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Connett  that,

‘Devon County Council is proud of the achievements of all schools in the county and recognises that with fair funding from Government, yet more could be done to raise educational attainment for all pupils, help them achieve their potential and aspire to achieve their ambitions.

The Council believes it would be a retrograde step to divert scarce national and local resources from the classrooms into yet another reorganisation of education and does not wish to see the introduction of new or additional Grammar schools in Devon.

Devon County Council yet again calls on the Government to ensure the education of children in Devon is properly, fairly and fully funded noting that Government is short-changing Devon schools by £23m a year.

"Devon has never been funded at the level it deserves and remains well below the national average for funding per pupil. Despite this historic underfunding, Devon schools have shown that they can deliver impressive educational outcomes and that no child is marginalised because responsibility is shared for the most vulnerable and who may not be in our own schools." Sue Clarke OBE MSc, former Head of Education and Learning, Devon County Council (foreword to the consultation on 2016-17 Revenue funding arrangements for schools)

The Council therefore calls on all Members of Parliament for Devon to challenge the Government to play fair by Devon by properly funding children's education in the county’.

and having had regard to the advice of the Cabinet set out in Minute 104(a) of 9 November 2016:

Members then formally moved and duly seconded the amendment(s) shown below and thereafter subsequently debated and determined.

Councillor Hart MOVED and Councillor Clatworthy SECONDED that the Cabinet’s advice be accepted and the Notice of Motion be approved as it reflects the action already taken by the Council in campaigning for fairer funding for schools, acknowledging the legislative limitations upon Councils in the choice of any new schools that may be established.

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED nem com and subsequently thereafter also CARRIED as the substantive motion.

To receive and consider the recommendations of the Cabinet relating to Councillor Connetts Notice of Motion.

The text of the original Notice of Motion, the Cabinet’s recommendation and any reasons therefor may be seen in full at Minute 104b of the Cabinet held on 9 November 2016 (Page 7 of 9 November, Green Pages).

Pursuant to County Council Minute 57 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Connett  that: 

Devon County Council recognises and values local pharmacies as a vital primary care health service and as an integral part of the fabric of local communities throughout our county.

Devon County Council notes that;

·         176 pharmacies across the County offer a range of  services such as dispensing prescriptions, disposal of  unwanted medicines and supporting self-care;

·         pharmacies play an important role in promoting wellbeing  such as healthy eating, smoking cessation, exercise, flu vaccination, sexual health and more advice and support  services are also available to care homes; and

·         several pharmacies have achieved Healthy Living  Pharmacies (HLP) status recognising and evidencing their role in improving the health of their local population.

Devon County Council is greatly concerned about Government imposed threats to pharmacies as a result of cuts in the budget of £170m nationally taking effect from October 2016.

This is a 6% cut in cash terms but could effectively mean a  cut of 12% during the financial year which could potentially  close up to a quarter of pharmacies with an increased focus  on warehousing dispensary and online services. Service cuts in pharmacies put more residents at risk as well as putting pressure on GPs and on hospital services and therefore increasing NHS costs. A fully funded community pharmacy service is cost effective and is in the interest of patients and carers.

Devon County Council agrees to write to the Secretary of State for Health, NHS England and the Clinical Commissioning Groups serving Devon detailing our concerns and demanding an immediate reversal of these proposals.

and having had regard to the advice of the Cabinet set out in Minute 104(b) of 9 November 2016:

Members then formally moved and duly seconded the amendment(s) shown below and thereafter subsequently debated and determined.

Councillor Hart MOVED and Councillor Clatworthy SECONDED that the Cabinet’s advice be accepted and in  recognising:

·         that decisions on opening and closing of pharmacies are entirely the responsibility of NHS England;

·         the increasing demands being placed upon the wider health service, as has been the case throughout the public sector, and the need for all health services to be financially and clinically suitable, meeting appropriately identified needs;

·         the support and desire for an effective pharmacy service given the contribution it may make to equitable, safe, suitable, affordable health & care services both directly and indirectly and particularly in rural areas, as latterly recognised by the Local Government Association; 

the Notice of Motion be accepted and representations be made accordingly, urging  communities and interested stakeholders to also make representations direct to the relevant decision-maker, NHS England, and to Devon’s MPs and Government to ensure the retention of a universal, effective, pharmacy service reflecting the needs of the local community and to maximise, for instance, support available from initiatives such as the Pharmacy Access Scheme. 

The amendment in the name of Councillor Hart was then put to  ...  view the full minutes text for item 70.

To receive and consider the recommendations of the Cabinet relating to Councillor Wrights Notice of Motion.

The text of the original Notice of Motion, the Cabinet’s recommendation and any reasons therefor may be seen in full at Minute 104(c) of the Cabinet held on 9 November 2016 (Page 8 of the 9 November 2016, Green Pages).

Pursuant to County Council Minute 58 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor  Wright that: 

This Council commends the DCC Environmental Policy document that was produced in 2014/15 - and the reported progress against it, as set out in the Environment Performance Statement.

However, the national trend is a significant and potentially catastrophic decline in insects and other wildlife, with some species heading towards extinction, as set out in the latest State of Nature report, published last month (September).

The sharp decline in our species suggests that our collective efforts are still not enough to prevent a worsening position.

This council agrees that the ‘Countryside and Heritage’ section of the Environmental Policy document should be reviewed before the end of 2016, to see whether there are further opportunities for DCC to do more to benefit nature, including:

1.       management of the county farms estate, where current uncertainties linked to Brexit mean that we need to find other ways of achieving environmental gains through the actions of our tenants;

·         through the management of our buildings and grounds (e.g. County Hall - a Grade 2 listed building set within a conservation area);

·         management of our multi-use trails (i.e.cycleways), which have potential for enhancement as wildlife corridors; and

2.       through our community leadership role (e.g. in re-defining our environmental agenda in the light of Brexit, or in responding to current environmental problems such as ash dieback)’

and having had regard to the advice of the Cabinet set out in Minute 104(c) of 9 November  2016:

Members then formally moved and duly seconded the amendment(s) shown below and thereafter subsequently debated and determined.

Councillor Hart MOVED and Councillor Clatworthy SECONDED that the Cabinet’s advice be accepted and the Notice of Motion County be approved and the Cabinet review existing policies and action plans (acknowledging that work already undertaken on the production of a new Countryside & Heritage Policy and Action Plan provided an ideal route for doing so); in order that a revised Plan may consequently be submitted to Cabinet in early 2017 incorporating the advice of the Environmental Performance Board as to what further action it would be practicable for the Council to take in support of Countryside and Heritage.

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED nem com and subsequently thereafter also CARRIED as the substantive motion.

To receive and consider the recommendations of the Cabinet relating to Councillor Vints Notice of Motion.

The text of the original Notice of Motion, the Cabinet’s recommendation and any reasons therefor may be seen in full at Minute 104(d) of the Cabinet held on 9 November 2016 (Page 9 of 9 November 2016, Green Pages).

Pursuant to County Council Minute 59 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor  Vint that: 

‘That this Council calls for references for the need for affordable housing to be added to the housing sections of the HOTSW Devolution Prospectus’

and notwithstanding the advice of the Cabinet set out in Minute 104(d) of 9 November 2016:

Councillor Hart indicated his willingness to accept the further amendment in the name of Councillor Vint and MOVED and Councillor Clatworthy SECONDED that, as the Heart of the South West Partnership’s “Prospectus for Productivity” is a high level strategic framework document with links to statutory local plans for each District Council the document should reflect the high priority given to affordable housing by all participating councils."

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED nem com and subsequently thereafter also CARRIED as the substantive motion.

To receive and consider the recommendations of the Cabinet relating to Councillors Biederman and Greenslades Notice of Motions.

The text of the original Notices of Motion, the Cabinet’s recommendations and any reasons therefor may be seen in full at Minute 104(e) of the Cabinet held on 9 November 2016 (Page 10 of 9 November 2016, Green Pages).

Pursuant to County Council Minutes 55 and 56 relating to the two Notices of Motion set out below as originally submitted and then formally moved and seconded by Councillors Biederman and Greenslade that: 

Proposed Cuts to Devon Health Services and Impacts on Patients (Councillor Biederman)  

‘This Council is deeply concerned about the impact the proposed cuts to Devon health services will have on patients – especially the loss of whole departments including maternity services at North Devon District Hospital - and massive reduction in acute and community hospital beds across Devon, as set out in the sustainable transformation plan.

This Council also recognises that Governments have deliberately not provided the NHS with the adequate level of funding and now calls on local MPs to lobby government ministers to urgently and significantly increase the level of funding to the NHS, in order to protect our precious health services for current and future generations’.

NHS Success Regime  (Councillor Greenslade)  

‘County Council believes that the NHS Success Regime project for Devon is now seriously flawed and accordingly calls on the Secretary of State for Health and NHS England to cancel it forthwith. County Council further calls on Government and NHS England to firstly address the issue of fair funding for our area and to ensure the general election promise of an extra £8 billion of funding for the NHS is taken into account when assessing the claimed deficit for Devon NHS services.

Until funding issues are addressed it is not possible to decide whether or not there is a local NHS budget deficit to be addressed. Unnecessary cuts to local NHS budgets must be avoided!

Devon MP’s be asked to support this approach to protecting Devon NHS services”

and having had regard to the advice of the Health & Wellbeing  Scrutiny Committee and the subsequent views of the Cabinet set out in Minutes 29 and 104(e) of 8 and 9 November  2016, respectively, to accept the Notice of Motions in the name of Councillors Biederman and Greenslade as amended [highlighted below] for consideration by the County Council at its next meeting and to the further representations received (Minute 63 above refers).

Proposed Cuts to Devon Health Services and Impacts on Patients (Councillor Biederman)  

‘This Council is deeply concerned about the impact the proposed cuts to Devon health services will have on patients – especially the loss of whole departments including maternity services at North Devon District Hospital - and massive reduction in acute and community hospital beds across Devon, as set out in the sustainable transformation plan.

This Council also recognises that Governments have [deliberately] not provided the NHS with a fair [the adequate]level of funding and now calls on local MPs to lobby government ministers to urgently and significantly increase the level of funding to the NHS, in order to protect our precious health services for current and future generations’.

NHS Success Regime  (Councillor Greenslade)  

‘County Council believes that the NHS Success  ...  view the full minutes text for item 73.

Councillor Greenslade to move:

1)That County Council supports the actions of the Devon Education Forum in respect to School Funding Challenges.

2)Further County Council calls on Government to deliver on the postponed commitment to introduce fair funding for schools in 2013/14 with immediate effect from 2017/18.

3)Urges all Devon MP’s to lobby for the introduction of fair funding for schools from 2017/18.

Councillor Greenslade MOVED and Councillor Connett SECONDED that in accordance with Standing Order 6(6), the following Notice of Motion be considered at this meeting.

The Motion was put to the vote and declared CARRIED.

Councillor Greenslade then MOVED and Councillor Connett SECONDED

‘that the County Council:

(i) supports the actions of the Devon Education Forum in respect to School Funding Challenges;

(ii) further, calls on Government to deliver on the postponed commitment to introduce fair funding for schools in 2013/14 with immediate effect from 2017/18; and

(iii) urges all Devon MP’s to lobby for the introduction of fair funding for schools from 2017/18.’

The Notice of Motion was put to the vote and declared CARRIED, nem com.

Councillor Greenslade to move:

County Council considers the implications for Devon Pensioners and the county economy arising from the refusal by the Chancellor to commit to the “triple lock” for state pensions beyond 2020 in his Autumn Statement.

Accordingly the Corporate Services Scrutiny Committee be asked to consider this situation and recommend any lobbying action that should be taken.

[All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on this matter by virtue of being in receipt of or affected by any changes to the state pension provision]

Councillor Greenslade MOVED and Councillor Connett SECONDED

‘That the County Council considers the implications for Devon Pensioners and the county economy arising from the refusal by the Chancellor to commit to the “triple lock” for state pensions beyond 2020 in his Autumn Statement.

Accordingly the Corporate Services Scrutiny Committee be asked to consider this situation and recommend any lobbying action that should be taken.’

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.