Agenda, decisions and minutes

Members of the Council will declare any interests they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

The other registrable interests of Councillors of Devon County Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.

For details of District and or Town and Parish Twin Hatters – please see here  A list of county councillors who are also district, borough, city, parish or town councillors.

The Chair reminded Members they should declare any interests they may have in any item to be considered, prior to any discussion taking place on that item. The details of District and or Town and Parish Twin Hatters was on the attached list -  A list of county councillors who are also district, borough, city, parish or town councillors. It was noted that Councillor Davis would declare an interest at the appropriate time in the meeting.

The Chair of the Council had no formal announcements to make.

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 received from a member of the public.

There were no questions or verbal representations by any member of the public.

There was no Petition received from a 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 provided written responses to four questions submitted by Members of the Council relating to the following matters.

1.       Potential impact on on-going funding to the Council from central government form the CCA and whether this has been assessed?

2.       Whether the Devon and Torbay CCA would be adding to the precept to of Council Tax annual charges?

3.       Written assurance that the CCA will not cut the relationships between Homes England and District Councils?

4.       written assurance that the CCA will push for access to national funds, rather than setting-up a ringfenced set of funds that District councils, and Torbay have to compete for against each other?

The Leader responded orally to the supplementary questions arising therefrom.

(A copy of the questions and answers are appended to the minutes and any supplementary questions and answers may be observed through the livestream of the meeting)

The Council is asked to receive and approve the Report of the Chief Executive (CEX/24/1), together with the Minutes of the Special Cabinet Meeting held on 22^nd April 2024 relating to the proposed Devon & Torbay Combined County Authority and Devolution Deal.

The Report of the Chief Executive (CEX/24/1) is attached and contains;

·       Appendix A - analysis of the responses on the draft proposal for the Devon and Torbay Combined County Authority.

·       Appendix B – proposal for the Devon and Torbay Combined County

Authority (DT CCA) for submission to the Secretary of State for Levelling Up, Housing and Communities.

·       Impact Assessment – also available at https://www.devon.gov.uk/impact/proposed-devon-and-torbay-combined-county-authority-and-devolution-deal.

The Cabinet Minutes will be available to view at https://democracy.devon.gov.uk/ieListDocuments.aspx?CId=133&MId=5127&Ver=4 shortly after the meeting takes place on the 22 April 2024, which will contain the resolutions for the Council’s consideration.

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being Chair of Exmoor National Park and also the Peninsula Transport Shadow Sub National Transport Body and withdrew from the meeting during its consideration).

The MOTION in the name of Councillor Hart was then put to the vote and declared CARRIED, as below.

(a) that all those who responded to the consultation be thanked, for the time they gave in considering the draft proposal and in preparing responses to it;

(b) that the analysis of the responses (Appendix A) on the draft proposal for the Devon and Torbay Combined County Authority, showing the variety, breadth and range of views expressed, have been fully considered;

(c) that the proposal (Appendix B) for the Devon and Torbay Combined County Authority (DT CCA) for submission to the Secretary of State for Levelling Up, Housing and Communities, be approved, having taken into consideration and having due regard to the consultation responses and the Public Sector Equality Duty;

(d) that the Chief Executive, in consultation with the Leader of the Council, be given delegated authority to consent to the making of the necessary Regulations to create the Devon and Torbay Combined County Authority thereby implementing and giving effect to the proposal, subject to those Regulations reflecting the principles in the proposal document and this report;

(e) that, subject to the approval of the proposal and making of Regulations, the Council will give consideration to a draft Constitution for the DT CCA in September 2024; and

(f) that the establishment of the statutory Team Devon Joint Committee be supported to formalise the existing partnership, address shared priorities and have a voice in the work of the Combined County Authority and note that its proposed terms of reference will be considered by the Council in September 2024.

(NOTE: In accordance with Standing Order 32(4) Councillors Bailey, Brazil, Connett, Cox, Leaver, Letch, Roome, Thomas and Wrigley asked for their abstention from voting on the Motion to be recorded in the minutes.

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being Chair of Exmoor National Park and also the Peninsula Transport Shadow Sub National Transport Body and withdrew from the meeting during its consideration).

The Council considered the Minutes of the Cabinet meeting (Minute 530 (A-F) of 22 April 2024), together with the Report of the Chief Executive (CEX/24/1), relating to the proposed Devon & Torbay Combined County Authority and Devolution Deal.

The Report contained an analysis of the responses on the draft proposal for the Devon and Torbay Combined County Authority (appendix A) and also the proposal for the Devon and Torbay Combined County Authority (DT CCA) for submission to the Secretary of State for Levelling Up, Housing and Communities (appendix B).

The analysis provided Members with an overview of the consultation process, an analysis of the responses to each of the themes in the draft proposal (maximising economic potential, addressing housing pressures, improving local transport, meeting net zero ambitions, delivering investment in Devon and Torbay, creating a strong and sustainable local economy and delivery arrangements for the Devon and Torbay Combined County Authority (DT CCA).

The Levelling-up and Regeneration Act 2023 gave the Secretary of State the power to make regulations that established Combined County Authorities as separate free-standing bodies and gave them the responsibility for specific local authority functions. The DT CCA would be a “body corporate” that would be brought into being through statutory regulations: secondary legislation that was approved by Parliament.

The anticipated timescale was outlined in section 6 of the Report which included, subject to approval at Torbay and this Council, a Government decision on the final proposal (May 2024), the draft regulations (the “Statutory Instrument”) to create the DT CCA (prepared by Government) (June 2024), with the Statutory Instrument being laid in Parliament in July 2024. Consideration of the Statutory Instrument by the Joint Committee on Statutory Instruments, the House of Commons Delegated Legislation Committee and the House of Lords Grand Committee would be September/October 2024, with the Statutory Instrument coming into force in the Autumn.

Further detail relating to the operation and governance of the DT CCA, such as the arrangements for meetings, scheme of delegation to officers and details of audit and scrutiny would be matters for the Constitution of the DT CCA. As these issues were discussed, there would be opportunities for key stakeholders, including district councils, to provide input and a Report would be presented to both Councils in September to present a draft DT CCA Constitution for acceptance, ahead of formal agreement by the CCA.

The Financial Considerations were outlined in paragraph 9 of the Report, noting that the costs of the public consultation had been shared between Devon County Council and Torbay Council. To support the establishment of the DT CCA in its early stages, the Government would provide £1million of capacity funding over three years: £250,000 in 2024/25, £500,000 in 2025/26 and £250,000 in 2026/27. The creation of the DT CCA would lead, through  ...  view the full minutes text for item 276.