Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 8 December

2016.

The Chairman of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 8 December 2016 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chairman reported the recent death of Mr John Trahair, who had represented the former Plympton St Mary Division on the Council between 1977 and 1981 and who had also served as High Sheriff of Devon in 1987.

The Chairman also congratulated all those in Devon who had received Honours in Her Majesty the Queen’s New Years List - particularly Mr Roger Pope, Head teacher of Kingsbridge School and Ms Ciara Eastell, former County Librarian and Chief Executive of Libraries Unlimited, for their services to education and libraries respectively. 

Finally, the Chairman advised the Council that this was the last Council meeting to be attended by Mr David Whitton, the Chief Officer for Highways, Infrastructure Development & Waste, after 17 years of service to the Council: the Chairman, Political Group Leaders and the Cabinet Member for Highway Management and Flood Prevention paid tribute to Mr Whitton thanking him for his services and wishing him well for the future.

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 question or representations from a Member of the public.

The Leader was presented by Teignbridge District Councillor Nutley and a Ms Denning with a petition containing some 220 signatures of Denbury residents seeking the introduction of 20mph speed limits and traffic calming measures on all approach roads into and through the Village.

[NB: The relevant Head of Service would be asked to respond direct to the petitioner on the issues raised within 15 days].

The Leader was presented by Councillor Foggin, on behalf of residents and property owners in Leypark Close in Exeter, with a petition containing 24 signatures seekinga review of parking policy and the introduction of parking restrictions/residents parking  in that Close.

[NB: The relevant Head of Service would be asked to respond direct to the petitioner 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].

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 6 questions submitted by Members of the Council relating to parking enforcement outside schools, subsidy payments to Devon farmers, Council owned Care Homes, parking enforcement and fines, bed blocking and Government advice of tax avoidance responding 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 receive and approve the Treasury Management Strategy, endorsed by the Corporate Services Scrutiny Committee on 24 January 2017 and due to be considered by Cabinet on 10 February 2017.

The Council considered the recommendations of the Cabinet and Corporate Services Scrutiny Committee held on 10 February and 24 January 2017 respectively relating to the adoption by the County Council of the proposed Treasury Management Strategy for 2017/18, prior to determination of the budget for that year.

The Leader of the Council MOVED and Councillor Clatworthy SECONDED that the recommendation of the Cabinet and of the Corporate Services Scrutiny Committee be approved and the Treasury Management and Investment Strategy for 2017/18 commended at Minutes 148 and *33 of the above respectively, be endorsed.

The motion was put to the vote and, nem com, declared CARRIED.

(a)  In the exercise of its Public Sector Equality Duty, as set out below, the County Council must have full regard to and consider the impact of any proposals in relation to equalities prior to making any decisions and any identified significant risks and mitigating action required.  The updated overview of the impact assessments for all service areas entitled ‘2017/18 Budget Impact Assessment  has been circulated separately and is available to all Members of the Council for consideration under this item (alongside any specific equality impact assessments undertaken as part of the budget’s preparation) at https://new.devon.gov.uk/impact/published/budget-setting-201718/

(b) To receive and approve the Report of the County Treasurer (CT/17/10) together with the Minutes of the Cabinet held on 10th February 2017 relating to the budget and the Minutes of the Joint Scrutiny Budget meeting held on 30th January 2017, attached. The report and Cabinet Minutes will follow.

[All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on the setting of the Council Tax or Precept or any fees and charges arising therefrom as a consequence of simply being a resident of or by virtue of being a resident of or a land or property owner in the administrative County of Devon or by being a County Council representative on local authority company or  joint venture or by being a parent or guardian of a child in a school on any matter relating to school meals and school transport or in relation to the setting of members’ allowances or as a parent or a guardian of a child in care or in receipt of statutory sick pay or a state pension. Councillor Bowden had also been granted a personal dispensation to allow him to speak and vote on any matter before the Council relating to flooding arising from his being a County Council representative on the South West Regional Flood Defence & Coastal Committee and residing in an area at risk of flooding unless it unless it related directly to any land or property owned by him]. 

The Council considered the recommendations of the Cabinet held on 10 February 2017 relating to the Revenue Budget for 2017/18, the Medium Term Financial Strategy to 2020/21 and the Capital Programme 2017/18-2020/22 as set out at Minute 148 of that meeting, together with the summary report of the County Treasurer (CT/17/10) comprising, in detail:

§  Introduction;

§  Revenue Budget Overview;

§  Capital Programme Overview;

§  People’s, Place, Corporate & Non-Service Revenue Budgets & Capital Programmes; 

§  Medium Term Financial Strategy 2017/18-2020/21;

§  County Fund Balance and Earmarked Reserves for 2017/18;

§  Prudential Indicators and Treasury Management 2017/18-2020/21; and

§  Risk Analysis of Volatile Budgets.

The County Treasurer’s Report (CT/17/10) and accompanying detailed service budgets and spending plans incorporatedadditional spending in the sum of £2,000,000 on rural roads and £500,000 on Highways Drainage as suggested by the Council’s Scrutiny Committees, to be met from central budgets, as proposed at the Cabinet on 10 February 2017; acknowledging that this had no effect upon the Council Tax requirement or levels of precept set out in Reports CT/17/9 and CT/17/10.

The Council also had before it the updated overview of impact assessments relating to the 2017/18 budget;  previous iterations of which had been circulated and drawn to the attention of all Members of the Council for the purposes of the consideration of the budget by Scrutiny Committees, by the Cabinet and by this County Council. This was in order that Members might have access to all necessary equality impact assessments, including specific impact assessments undertaken as part of the budget’s preparation so that they might, in turn, have full regard to the responsibilities placed upon the Council to exercise its Public Sector Equality Duty in considering the proposals and their impact, before making a decision on the budget. The Impact Assessment had been re-circulated to Members  ...  view the full minutes text for item 83.

To receive and approve the Councils Pay Policy Statement, as recommended by the Appointments and Remuneration Committee (16 January 2017) (Minute 14).

The Council considered the recommendations of the Appointments & Remuneration Committee held on 16 January 2017 relating to the adoption by the County Council of the proposed Pay Policy Statement for 2017/18.

The Leader of the Council MOVED and Councillor Clatworthy SECONDED that the recommendations of the Appointments & Remuneration Committee be approved and that the Pay Policy Statement for 2017/18 (and consequential changes to that Committee’s Terms of Reference) set out at Minute 14 of that Committee be endorsed and the Constitution amended accordingly.

The motion was put to the vote and, nem com, declared CARRIED. 

To receive and approve the Minerals Plan and associated Policies Map, as recommended by the Development Management Committee on 23 November 2016 (Minute 28) and Cabinet on 14 December 2016 (see minute 119).

(Councillor Radford declared a Disclosable Pecuniary Interest in this matter by virtue of family members’ ownership of or interest in land in or adjacent to designated/proposed sites and  withdrew from the meeting  during  its consideration).

The Council considered the recommendations of the Cabinet and Development Management Committee on 14 December and 23 November 2016, respectively, relating to the adoption by the County Council of the Minerals Plan and associated Policies Map.

The Leader of the Council MOVED and Councillor Leadbetter SECONDED that the recommendations of the Cabinet and Development Management Committee on 14 December 2016 (Minute 119) and 23 November 2016 (Minute 28) be approved and that the Minerals Plan and associated Policies Map be endorsed and formally adopted.

The motion was put to the vote and declared CARRIED. 

To receive and approve the Report of the Chief Executive (CX/17/25) together with the Minutes of the Cabinet held on 10th February 2017 relating to the Heart of the South West – Devolution, Future arrangements (Joint Committee) and proposals for the HotSW Productivity Plan.

The Council considered the report of the Chief Executive (CX/17/25) together with the recommendations of the Cabinet held on 10th February 2017 (Minute 149) relating to the process for the production of the Heart of the South West Productivity Plan and the establishment, in principle, of a Joint Committee with Heart of the South West Partners.

The Leader of the Council MOVED and Councillor Clatworthy SECONDED that the recommendations of the Cabinet (Minute 149) relating to the Heart of the South West Productivity Plan and establishment, in principle, of a Joint Committee be approved.

The motion was put to the vote and declared CARRIED. 

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)        Children, Schools and Skills

Councillor McInnes circulated a report, as requested by Councillor Wright, commenting on the proposed changes by Government to the Schools Funding Formula and the impact of those changes upon Devon’s schools.   Devon was one of the lowest funded local authority areas in England with DfE funding per pupil in Devon in 2016/17 of £4,346 some £290 per pupil less than the England average. Even with the increase in funding in 2017/18 under the new formula funding the figure for  2017/18 would only be £4,349 and Devon schools would still be £268 below the England average, a total shortfall in funding of £24,000,000 for Devon schools.

(b)        Highways Management and Flood Prevention

Councillor Hughes commented, as requested by Councillor Hannaford, on progress with the Exeter flood prevention scheme, being delivered in two phases. The first phase included improvements to the flood relief channel, associated structures and raising of existing earth banks which had been substantially completed in October 2015.  The second, more complex, phase would see the establishment of new and improved flood defence structures, including bunds and other earthworks, walls, demountable defences and flood gates, all of which had been approved following detailed scrutiny through the planning process: that work had started in June 2016 and was progressing well.  The Cabinet Member undertook to ask the Contractor, in future, to routinely keep the local County Councillor aware of and informed of developments and progress with construction works.

(c)        Improving Health and Wellbeing

Councillor Davis circulated a report, as requested by Councillor Hannaford, commenting on the services commissioned by the County Council for dealing with Domestic Abuse and on latest reported statistics.

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 and that the recommended changes to the Council’s Constitution at Procedures Committee Minute 20 be also formally endorsed:

Appeals                                                 -               12 December 2016 and 9 January 2017

Appointments and Remuneration    -               16 January and 2 February 2017

Development Management              -               25 January 2017

Procedures                                           -               2 February 2017

People’s Scrutiny                                -               5 and 23 January 2017

Place Scrutiny                                      -               19 and 20 January 2017

Health and Wellbeing Scrutiny         -               19 January 2017

Corporate Services Scrutiny             -               24 January 2017

The Motion was put to the vote and declared CARRIED.

Councillor Wright to move:

Devon is home to many scarce and threatened habitats such our ancient woodlands, rivers and wetlands, upland blanket bogs, lowland heaths, Culm grasslands and our stunning coast and marine environments. These support a myriad of species with internationally important populations of marsh fritillary butterflies, greater horseshoe bats, otters, overwintering waders and marine creatures including whales, dolphins and basking shark.   

European Union Habitats Regulations protection of land and seascapes such as the pebblebed heaths in East Devon, large swathes of Dartmoor and Exmoor, the Exe and Tamar Estuaries and Lundy Island have meant that  wildlife has flourished over the years and has ensured that these places remain crucial international strongholds. 

The latest State of Nature report published last October found that the UK has experienced huge losses of habitat and wildlife, and 15 per cent of those studied are threatened with extinction.

Leaving the European Union puts at risk all of these protections - and the Government has not yet promised to retain the same level of protections that currently exist under EU legislation.

This council recognises the huge importance of these rich landscapes for people and wildlife in Devon – and calls upon the Secretary of State for the Environment to support the Environmental Audit Committee, as well as the coalition of wildlife and nature organisations, asking for retention of at least the same level of protection for our wildlife and environment, as takes place currently under EU law.

Councillor Wright MOVED and Councillor Vint SECONDED

‘Devon is home to many scarce and threatened habitats such our ancient woodlands, rivers and wetlands, upland blanket bogs, lowland heaths, Culm grasslands and our stunning coast and marine environments. These support a myriad of species with internationally important populations of marsh fritillary butterflies, greater horseshoe bats, otters, overwintering waders and marine creatures including whales, dolphins and basking shark.   

European Union Habitats Regulations protection of land and seascapes such as the pebblebed heaths in East Devon, large swathes of Dartmoor and Exmoor, the Exe and Tamar Estuaries and Lundy Island have meant that  wildlife has flourished over the years and has ensured that these places remain crucial international strongholds. 

The latest State of Nature report published last October found that the UK has experienced huge losses of habitat and wildlife, and 15 per cent of those studied are threatened with extinction.

Leaving the European Union puts at risk all of these protections - and the Government has not yet promised to retain the same level of protections that currently exist under EU legislation.

This Council recognises the huge importance of these rich landscapes for people and wildlife in Devon – and calls upon the Secretary of State for the Environment to support the Environmental Audit Committee, as well as the coalition of wildlife and nature organisations, asking for retention of at least the same level of protection for our wildlife and environment, as takes place currently under EU law’.

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

Councillor Connett to move:

‘At a time of huge reductions in Government funding for local councils forcing cuts in health, education, care for older people and children, Devon County Council is offended by the reported 26% pay rise for the chief executive of the Heart of the South West Local Enterprise Partnership.

We call upon the Council to take urgent steps to stop the annual pay rise of £24,271 and if it cannot do that, to withdraw from membership of the Partnership until common sense prevails with regard to top management pay increases’.

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

The Motion was put to the vote and declared LOST.

Councillor Connett MOVED and Councillor Greenslade SECONDED

‘At a time of huge reductions in Government funding for local councils forcing cuts in health, education, care for older people and children, Devon County Council is offended by the reported 26% pay rise for the chief executive of the Heart of the South West Local Enterprise Partnership.

We [the Members] call upon the Council to take urgent steps to stop the annual pay rise of £24,271 and if it cannot do that, to withdraw from membership of the Partnership until common sense prevails with regard to top management pay increases’.

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

Councillor Hook to move:

"That the County Council supports, in principle, the Sky News anti litter campaigns and in particular the proposal which is to be considered in Parliament after Easter to introduce a deposit scheme on plastic bottles: such schemes are currently in operation in 11 European countries and more than 30 countries worldwide where their introduction has seen a massive leap in plastic bottle recycling - in many cases upwards of 95%.

The County Council will contact all Devon MPs urging them to  support a plastic bottle deposit scheme to reduce waste, increase recycling and also make a major contribution to reducing dangerous marine pollution,   the latter being a significant and increasing problem  with plastic bottles and containers".

Councillor Hook MOVED and Councillor Connett SECONDED that:

"That the County Council supports, in principle, the Sky News anti litter campaigns and in particular the proposal which is to be considered in Parliament after Easter to introduce a deposit scheme on plastic bottles: such schemes are currently in operation in 11 European countries and more than 30 countries worldwide where their introduction has seen a massive leap in plastic bottle recycling - in many cases upwards of 95%.

The County Council will contact all Devon MPs urging them to  support a plastic bottle deposit scheme to reduce waste, increase recycling and also make a major contribution to reducing dangerous marine pollution,   the latter being a significant and increasing problem  with plastic bottles and containers".

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