Agenda, decisions and minutes

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

26 May 2022.

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 26 May 2022 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 26 May 2022 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chair of the Council announced there had been a Triple win and congratulated colleagues in the Transport Planning team who had won three awards at the CIHT (Chartered Institution Of Highways & Transportation) South West Awards.

Transportation Planning Officer, Josh Manning won Emerging Professional of the Year. Transport Planning Graduate, Lauren Allington won Emerging Professional Presentation Competition; and The Dartmoor Line reopening won Project of the Year.

He also congratulated the countywide Respite Team which had been nominated for Small Team of the Year in the Local Government Chronicle (LGC) awards. The awards took place on the 20^th July and Devon came second with Highly Recommended (out of 69 applicants).

The team had been nominated because staff had gone above and beyond caring for others, learning and developing news skills, and supporting each other, particularly during the pandemic.

Further congratulations were given to the Bideford Health and Social Care Team on winning the Exceptional Partnership category award at the Royal Devon University Healthcare NHS Foundation Trust's Extraordinary People Awards ceremony.

In addition, Community Services Manager, Kate Holliday had been nominated in the Exceptional Leader Non Clinical category by her health and social care team in Barnstaple and had also won.

The Council had been awarded Highly Commended for the Best Large Employer of the Year at the South Devon College Apprenticeship Awards. Holly Brimson, Trainee Graduate Planner, had been invited to attend the awards as guest speaker as part of her role as Devon County Lead for the South West Apprenticeship Ambassador Network (SWAAN). The Ambassadors used their own positive experiences as a powerful tool for engaging and inspiring the next generation.

The Chair reported the death of former County Councillor Reginald (Reg) Cane who had served the Council between 1993 and 2001 representing the Fremington Rural division. The Chair had sent a letter of condolence to the family.

Finally, it was reported this was the last Council meeting for Dr Phil Norrey, Chief Executive of Devon County Council for the last seventeen years. The Chair outlined some of his key achievements and thanked him for his service to both Devons’ communities and Devon County Council. The Council wished Phil a long, happy and healthy retirement. Group Leaders and the Chief Executive responded.

There was no item raised as a matter of urgency.

Section 85 (1) of the Local Government Act 1972 states that “if a member of a Local Authority fails, throughout a period of six consecutive months from the date of their last attendance, to attend any meeting of the Authority they will, unless the failure was due to some reason approved by the Authority before the expiry of that period, cease to be a member of the Authority.”  Attendance can be at any committee or sub-committee, or any joint committee, joint board or other body where the functions of the Authority are discharged or who were appointed to advise the Authority on any matter relating to the discharge of their functions.

The same Section 85 (1) enables a Local Authority to approve the reason(s) for non-attendance of a Member at any meeting of the Authority throughout a period of six consecutive months, provided that approval is given by the Authority before the expiry of the six month period.

Due to continued health issues which have impacted on attendance, the Council is asked to give approval of a dispensation for Councillor James Morrish.

Councillor James Morrish was present at the meeting so in accordance with Standing Order 14(10) the Chair formally MOVED and Council AGREED to move to the next item of business.

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 was no question from a Member of the public.

There were no oral representations by any member of the public.

The Leader was presented by Councillor Hellyer on behalf of Ms Jane Cannon and Mental Health Clients of Torridgeside Link Resource Centre who were seeking to over-rule the Cabinet Decision of 8th December relating to Link Centres.

[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

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 fourteen questions submitted by Members of the Council relating to the following matters;

·         housing development and new homes at Little Cotton, Dartmouth and the potential to widen the A3122, between the Junction of Venn Lane and Norton Park;

·         20 mile per hour zones in Town and Village Centres;

·         national coast path and its re-opening;

·         access to Lighthouse Beach;

·         closure of Public Right of Way at the beach front in Dawlish, roadworks in the town and the process for Member consultation (In response, the Chair exercised his discretion and allowed Councillor Wrigley to raise an issue relating to the accuracy of the previous response (Council on 26 May 2022) relating to the closure of the same Public Right of Way and the Traffic Orders made). The Chair gave a commitment to liaise with Councillor Hughes to resolve the matter);

·         removal of on-street electric car charging points in Exeter and guarantees on the rollout of charging points in Dawlish and Teignmouth;

·         delays in providing Members with a copy of the CQC/Ofsted letter on SEND services;

·         details of the investigation, terms of reference and timescales for the independent investigation about John Humphreys;

·         notifying the Conservative Party regarding John Humphreys;

·         personal safeguarding responsibilities of the Leader in the event they become aware of allegations of harm committed against a child;

·         County Council’s involvement in relation to school governor and work experiences to John Humphrey’s business

·         when Members of the Cabinet and Leader became aware of the allegations or rumours against John Humphreys;

·         number of referrals to the LADO service in relation to councillors (district, county town or parish) in the past ten years; and

·         steps the Council had taken to assure itself (either as part of the police investigation or separately) this was not part of a complex abuse case.

The Leader and relevant Cabinet Members responded orally, as appropriate, to any 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 webcast of this meeting)

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 and Asset Management

Councillor Hart circulated a Report, as requested by Councillor Hannaford, on the latest results from the 2021 National Census, information for the Devon County Council area, and how the data would be used to shape the strategic plan and service delivery. The report highlighted that the data would provide important information for predicting the need for services and setting the Council’s budget. As more detailed Census data became available, a programme of local analyses and reports would be developed.

The Leader also provided data on settlement agreements within Children’s Services and was asked whether this was typical across other Local Authorities and other Service areas. 

He also responded to questions on the progress of Devon’s Devolution Deal, the importance of infrastructure and also committed to reporting annually on settlement agreements across the Authority to the Appointments, Renumeration and Chief Officer Conduct Committee.

(b) Highway Management

Councillor Hughes circulated a Report, as requested by Councillor Hannaford, on the Civil Parking Enforcement Roads &Transport Consultation 2022, which outlined the previous review of the Council’s policy on Residents Parking. He commented that he had asked for this issue to be on the agenda for the September Cabinet with a full report in order to respond to what residents had said.

The Report also provided information on highways claims and type of claim, staff for road repairs, defects and timelines for repair and highways budgets, as requested by Councillor Letch.

The Cabinet Member also responded to questions on recruitment within civil parking enforcement, the impact of HGV’s on Devon’s roads, the potential for joined up services for parking enforcement, emissions and size of vehicles in relation to residents parking and also defects on the A381.

(c) Children’s Services and Schools

Councillor Leadbetter circulated a Report in response to his commitment at the Cabinet meeting on 13 July 2022, to address the Council on the Service response to the recent Ofsted SEND letter and to detail the Action Plan to address these failings and improve the service. He had been asked to report on the same matter by Councillor Adams. The Cabinet Member outlined the actions on the ground, including recruitment issues and what had been done since the inspection in May.

The Report contained information, as requested by Councillor Hannaford, on the effect inflationary pressures were having on school meals in Devon, but added the importance of children and young people having access to healthy options in school, although there was currently no consideration for the Council to subsidise schools for this.

His Report also provided a link to a comprehensive paper covering issues on Mental Health in Devon, including services, availability, parity across  ...  view the full minutes text for item 124.

To receive and adopt and / or approve the Minutes of the under mentioned Committees

In accordance with Standing Order 13(2), the Chair of the Council MOVED and it was duly SECONDED that the Minutes of the undermentioned meetings of Committees be endorsed.

Appointments, Remuneration and

Chief Office Conduct Committee               -           25 May 2022

(Including approval of minute 26 and the appointment of the Director of Integrated Adult Social Care)

Appointments, Remuneration and

Chief Office Conduct Committee               -           28 June 2022

(Including approval of minute 31 and the appointment of the Director of legal and Democratic Services)

Appointments, Remuneration and

Chief Office Conduct Committee               -           21 July 2022

(Including approval of minute 34 relating to pay and job description of the permanent Chief Executive post and minute 36 and the appointment of the Interim Chief Executive)

Audit Committee                                           -           7 June 2022

Investment & Pension Fund Committee  -           14 June 2022

(noting the correct version of the minutes were uploaded to the agenda webpage prior to the meeting)

Public Rights of Way Committee               -           30 June 2022

Procedures Committee                               -           5 July 2022

(amendments to the Constitution which include terms of reference of the Appointments, Remuneration and Chief Officer Conduct Committee, Standing Orders to support the smooth running of operation London Bridge and scheme of delegation)

Standards Assessment Sub Committee  -           5 July 2022

Standards Committee                                 -           7 July 2022

Children’s Scrutiny                                      -           14 June 2022

Health & Adult Care Scrutiny                     -           21 June 2022

Corporate Infrastructure & Regulatory     -           23 June 2022

Services Scrutiny

The Motion was put to the vote and declared CARRIED.

(In accordance with Standing Order 32(4) Councillor’s Asvachin, Bailey, Bradford, Connett, Cox, Dewhirst, Gent, Hodgson, Leaver, Letch, Roome and Wrigley asked that their vote against Minute 34 of the Appointments, Remuneration and Chief Office Conduct Committee (21 July 2022) relating to the proposed salary of the permanent Chief Executive post be recorded. Councillor Brazil abstained)

In accordance with Standing Order 13(2), the Chair of the Council MOVED and it was duly SECONDED that the Minutes of the undermentioned meetings of Committees be endorsed.

Appointments, Remuneration and

Chief Office Conduct Committee               -           25 May 2022

(Including approval of minute 26 and the appointment of the Director of Integrated Adult Social Care)

Appointments, Remuneration and

Chief Office Conduct Committee               -           28 June 2022

(Including approval of minute 31 and the appointment of the Director of legal and Democratic Services)

Appointments, Remuneration and

Chief Office Conduct Committee               -           21 July 2022

(Including approval of minute 34 relating to pay and job description of the permanent Chief Executive post and minute 36 and the appointment of the Interim Chief Executive)

Audit Committee                                           -           7 June 2022

Investment & Pension Fund Committee  -           14 June 2022

(noting the correct version of the minutes were uploaded to the agenda webpage prior to the meeting)

Public Rights of Way Committee               -           30 June 2022

Procedures Committee                               -           5 July 2022

(amendments to the Constitution which include terms of reference of the Appointments, Remuneration and Chief Officer Conduct Committee, Standing Orders to support the smooth running of operation London Bridge and scheme of delegation)

Standards Assessment Sub Committee  -           5 July 2022

Standards Committee                                 -           7 July 2022

Children’s Scrutiny                                      -           14 June 2022

Health & Adult Care Scrutiny                     -           21 June 2022

Corporate Infrastructure & Regulatory     -           23 June 2022

Services Scrutiny

The Motion was put to the vote and declared CARRIED.

(In accordance with Standing Order 32(4) Councillor’s Asvachin, Bailey, Bradford, Connett, Cox, Dewhirst, Gent, Hodgson, Leaver, Letch, Roome and Wrigley asked that their vote against Minute 34 of the Appointments, Remuneration and Chief Office Conduct Committee (21 July 2022) relating to the proposed salary of the permanent Chief Executive post be recorded. Councillor Brazil abstained from voting)

To receive and consider the recommendations of the Cabinet (Minute 194a – to be published shortly) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hannaford and referred thereto in accordance with Standing Order 8(2), namely

That this Council:-

a)    Notes with great concern the huge reduction in the bus network across Devon, that has taken place since privatisation, deregulation, and under funding.

b)    Believes buses are essential to freeing up congested road space, to cleaning up the air that we all breathe and above all to connecting people to jobs, friends and life opportunities.

c)    Records the specific ongoing problems that our local school pupils and college students have in properly attending their places of education across Devon through inaccessible public transport.

d)   Concludes that the bus service in Devon now presents itself as a failed model, to the extent that it no longer has widespread public confidence, because of its serious long term poor performance and post pandemic dysfunctionality.

e)    Notes the completely unacceptable regional imbalances in funding for public transport services which prioritise the South East of England, and believes this must be radically reformed, and central government must do more to provide significant funding to revitalise local transport in the South West.

f)     Wants to develop, design and achieve a good public transport system that runs where people need it, when people need it and at a price that is affordable.

g)    Understands that the Government's impact assessment of the Bus Service Act (2017) highlighted that public control would better address six out of seven Local Transport Authority objectives compared to an enhanced partnership and was the only method likely to deliver a “significant increase in patronage”.

h)    Supports exercising powers to bring Devon’s bus services back under local control via franchising, at the earliest practicable date.

i)     Acknowledges that the costs of franchising cannot be estimated accurately until a “notice of intent” has been released and the associated statutory powers to access bus operators' commercial data is employed.

Therefore, this Council requests that the Administration:-

(i)  To conduct a statutory assessment of franchising at the earliest possible opportunity in 2022.

(ii) Explore a notice of intent to prepare a franchising assessment at the earliest opportunity.

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/22/14) and other suggestions or alternatives considered at that meeting, the Cabinet minutes (to be published here shortly - Agenda for Cabinet on Wednesday, 13th July, 2022, 10.30 am - Democracy in Devon will show the resolution of the Cabinet.

(a)  It is recommended that Council in response to the Devon Devolution deal seek to gain powers for the franchising of local bus services as a longer-term option, following the introduction of the Enhanced Partnership in the autumn; and

(b)  that in the short term, Council express concern over recent timetable changes, reductions, revised routes and loss of the night bus and in light of the additional pressures (e.g Commonwealth Games and secondments of staff) contacts Stagecoach to protest at the secondments at a time of great public transport pressures in Devon and further asks them to concentrate on restoring reliable, affordable, safe public transport across Devon.

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

Pursuant to County Council Minute 113 of 26 May 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hannaford that: 

That this Council:-

a)    Notes with great concern the huge reduction in the bus network across Devon, that has taken place since privatisation, deregulation, and under funding.

b)    Believes buses are essential to freeing up congested road space, to cleaning up the air that we all breathe and above all to connecting people to jobs, friends and life opportunities.

c)    Records the specific ongoing problems that our local school pupils and college students have in properly attending their places of education across Devon through inaccessible public transport.

d)   Concludes that the bus service in Devon now presents itself as a failed model, to the extent that it no longer has widespread public confidence, because of its serious long term poor performance and post pandemic dysfunctionality.

e)    Notes the completely unacceptable regional imbalances in funding for public transport services which prioritise the South East of England, and believes this must be radically reformed, and central government must do more to provide significant funding to revitalise local transport in the South West.

f)     Wants to develop, design and achieve a good public transport system that runs where people need it, when people need it and at a price that is affordable.

g)    Understands that the Government's impact assessment of the Bus Service Act (2017) highlighted that public control would better address six out of seven Local Transport Authority objectives compared to an enhanced partnership and was the only method likely to deliver a “significant increase in patronage”.

h)    Supports exercising powers to bring Devon’s bus services back under local control via franchising, at the earliest practicable date.

i)     Acknowledges that the costs of franchising cannot be estimated accurately until a “notice of intent” has been released and the associated statutory powers to access bus operators' commercial data is employed.

Therefore, this Council requests that the Administration:-

(i)  To conduct a statutory assessment of franchising at the earliest possible opportunity in 2022.

(ii) Explore a notice of intent to prepare a franchising assessment at the earliest opportunity.

and having had regard to the advice of the Cabinet set out in Minute 194(a) of 13 July 2022:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that in response to the Devon Devolution deal, the Council seek to gain powers for the franchising of local bus services as a longer-term option, following the introduction of the Enhanced Partnership in the autumn.

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED.

Councillor Hannaford then MOVED and Councillor Asvachin SECONDED the following amendment (additional words in red)

(a)  It is recommended that Council in response to the Devon Devolution deal seek to gain powers for the franchising of local bus services as a longer-term option,  ...  view the full minutes text for item 126.

To receive and consider the recommendations of the Cabinet (Minute 194(b) – to be published shortly) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hannaford and referred thereto in accordance with Standing Order 8(2), namely 

In response to Devon’s serious and ongoing housing crisis council supports the following measures:

1) New powers from Government for Councils to progressively raise taxes on holiday lets and unused second homes, up to a quadrupling of council tax, where homes are left empty for much of the year. 

2) A licensing regime for second homes, Airbnbs and holiday lets - with a minimum of 51% of homes in any community being for local people. Councils should have the powers to raise this level to reflect local circumstances. 

3) A " Last Shop in the Village Fund" - powers for local councils to introduce a Community Infrastructure Levy on holiday lets and Airbnbs, administered by local authorities, to support local shops, pharmacies, post offices and pubs. 

4) Commitment to build affordable homes and social housing across the South West with a priority for local people. 

5) Lock in the discount of new homes for future renters and buyers to ensure affordable homes are not lost after the first families move on. 

Council therefore resolves to formally write to the Government, including the Prime Minister and the Secretary of State for Levelling Up, Housing and Communities, requesting the appropriate changes in legislation to secure these much needed changes as a matter of urgency. 

Furthermore, Council resolves to formally write to all our local Devon Members of Parliament advising them of the Councils decision, urging them to also urgently propose, lobby for, support and crucially vote for these vital measures in Parliament. 

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in (CSO/22/14) and other suggestions or alternatives considered at that meeting, the Cabinet minutes (to be published here shortly - Agenda for Cabinet on Wednesday, 13th July, 2022, 10.30 am - Democracy in Devon will show the resolution of the Cabinet.

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council continues to play a leading role in the work of the Team Devon Housing Taskforce which is addressing Devon’s serious and ongoing housing crisis.

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

Pursuant to County Council Minute 114 of 26 May 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hannaford that: 

In response to Devon’s serious and ongoing housing crisis council supports the following measures:

1) New powers from Government for Councils to progressively raise taxes on holiday lets and unused second homes, up to a quadrupling of council tax, where homes are left empty for much of the year. 

2) A licensing regime for second homes, Airbnbs and holiday lets - with a minimum of 51% of homes in any community being for local people. Councils should have the powers to raise this level to reflect local circumstances. 

3) A " Last Shop in the Village Fund" - powers for local councils to introduce a Community Infrastructure Levy on holiday lets and Airbnbs, administered by local authorities, to support local shops, pharmacies, post offices and pubs. 

4) Commitment to build affordable homes and social housing across the South West with a priority for local people. 

5) Lock in the discount of new homes for future renters and buyers to ensure affordable homes are not lost after the first families move on. 

Council therefore resolves to formally write to the Government, including the Prime Minister and the Secretary of State for Levelling Up, Housing and Communities, requesting the appropriate changes in legislation to secure these much needed changes as a matter of urgency. 

Furthermore, Council resolves to formally write to all our local Devon Members of Parliament advising them of the Councils decision, urging them to also urgently propose, lobby for, support and crucially vote for these vital measures in Parliament. 

and having had regard to the advice of the Cabinet set out in Minute 194(b) 13 July 2022,

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council continues to play a leading role in the work of the Team Devon Housing Taskforce which is addressing Devon’s serious and ongoing housing crisis.

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

To receive and consider the recommendations of the Cabinet (Minute 194(c) - to be published shortly) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Letch and referred thereto in accordance with Standing Order 8(2), namely 

‘This Council recognises the value of the MOT Certificate scheme to assure roadworthiness of vehicles and will investigate the way to introduce an MOT Certificate scheme for the County's roads to assure everyone that they are fit for use by us all.’

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in (CSO/22/14) and other suggestions or alternatives considered at that meeting, the Cabinet minutes (to be published here shortly - Agenda for Cabinet on Wednesday, 13th July, 2022, 10.30 am - Democracy in Devon will show the resolution of the Cabinet.

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council recognises the robust safety inspection process that is in place to ensure highway assets are maintained in a safe condition for the travelling public and that this provides the level of assurance achieved by the MOT certification scheme.

The Motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

Pursuant to County Council Minute 115 of 26 May 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Letch that: 

‘This Council recognises the value of the MOT Certificate scheme to assure roadworthiness of vehicles and will investigate the way to introduce an MOT Certificate scheme for the County's roads to assure everyone that they are fit for use by us all.’

and having had regard to the advice of the Cabinet set out in Minute 194(c) of 13 July 2022:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council recognises the robust safety inspection process that is in place to ensure highway assets are maintained in a safe condition for the travelling public and that this provides the level of assurance achieved by the MOT certification scheme.

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED.

Councillor Letch then MOVED and Councillor Wrigley SECONDED the following amendment (additional words in red)

(a)  that Council recognises the robust safety inspection process that is in place to ensure highway assets are maintained in a safe condition for the travelling public and that this provides the level of assurance achieved by the MOT certification scheme; and

(b)  that Highways Officers be directed, when possible, to send reports following a major incident or fatality to the Local Member so they can publicise within the locality.

The amendment in the name of Councillor Letch was then put to the vote and declared LOST.

The Motion in the name of Councillor Hart was then put to the vote and declared CARRIED.

To receive and consider the recommendations of the Cabinet (Minute 194(d) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hodgson and referred thereto in accordance with Standing Order 8(2), namely 

‘In light of the level of response to the recent call by DCC for Town and Parish Councils to nominate roads for 20mph speed limits and zones, the Council will seek to investigate, support and implement at least 50% of the applications in this financial year, and consider the remainder for implementation in 2023/24’.

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in (CSO/22/14) and other suggestions or alternatives considered at that meeting, the Cabinet minutes (to be published here shortly - Agenda for Cabinet on Wednesday, 13th July, 2022, 10.30 am - Democracy in Devon will show the resolution of the Cabinet.

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council ask the Cabinet to provide an appropriate level of funding for the continuation of the roll out of 20mph speed limits, when considering all the proposals for the 2023/24 Local Transport Plan Integrated Transport Block expenditure in the autumn.

The Motion in the name of Councillor Hart was put to the vote and declared CARRIED.

Pursuant to County Council Minute 116 of 26 May 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hodgson that: 

‘In light of the level of response to the recent call by DCC for Town and Parish Councils to nominate roads for 20mph speed limits and zones, the Council will seek to investigate, support and implement at least 50% of the applications in this financial year, and consider the remainder for implementation in 2023/24’.

and having had regard to the advice of the Cabinet set out in Minute 194(d) of 13 July 2022:

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council ask the Cabinet to provide an appropriate level of funding for the continuation of the roll out of 20mph speed limits, when considering all the proposals for the 2023/24 Local Transport Plan Integrated Transport Block expenditure in the autumn.

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED.

Councillor Hodgson then MOVED and Councillor Cox SECONDED (additional words in red)

(a)  that Council ask the Cabinet to provide an appropriate level of funding for the continuation of the roll out of 20mph speed limits, when considering all the proposals for the 2023/24 Local Transport Plan Integrated Transport Block expenditure in the autumn; and

(b)  In order to ensure that we respond to the level of interest around the county and clear desire for safer roads at 20mph that can also support more Active Travel, we direct Cabinet to increase the budget to ensure these schemes as proposed are investigated with a view to being able to implement more schemes in the next financial year (the criteria for scoring to determine priority proposals will be reviewed to ensure that proximity to vulnerable users and their safety is more heavily weighted to recognise the seriousness of impact and also to align with the DCC objectives)

The amendment in the name of Councillor Hodgson was then put to the vote and declared LOST.

The Motion in the name of Councillor Hart was put to the vote and declared CARRIED.

Councillor Wrigley to move

The Council notes:

• The world-wide concerns on the supply of food, in particular wheat following the war in Ukraine and climate change issues globally.
• The need for improved food security in the UK, encouraging more food production requiring grade 1 agricultural land including use in less intensive ways.
• The need for affordable homes, especially for health and social care workers set in sustainable locations.
• The change of work patterns of many Devon residents to have fewer days in an office setting and more days working from home in a hybrid model.

This Council commends:

The acquisition of 34 Hectares of Grade One agricultural land for county owned Markham’s Farm in 2009 with the express purpose to make the farm viable.

In the light of the need for thousands more affordable homes for Devon families, the lack of any form of homes to rent long-term in Devon, and to enable homes for incoming workers for health and social care provision this council resolves to:

1)    Review the land assets held by the County Council with the aim of identifying opportunities to use brownfield sites for new rented affordable homes to generate long term and reliable revenue for the council.

2)    Work with the District Councils and their registered provider partners as housing providers

3)    Deliver a significant programme of homes for rent remaining in the ownership of Devon County Council providing a long-term revenue stream to reduce Council Tax requirements.

4)    Withdraw the sites at Manor Farm, Markham’s Farm and other County Farms from local plan allocations for housing and preserve farm viability.

In the site review particular attention will be given to the Topsham Road County Hall site.  This site is antiquated and in the wrong place for modern council operation.  Office space and meeting space would be far more efficient in a modern working location such as alongside the council’s other offices in Sowton or in Marsh Barton – both out of the town centre but well connected by train, bus and by road.

The current County Hall site would be far more effective if it were re-modelled to become homes for rental, with a proportion reserved for NHS and social Care staff and many at social rent levels.  This would provide much needed affordable homes and a rental income stream for the council.  Turning a liability into a significant revenue generating asset.

Converting the existing office blocks and building new homes on the enormous supply of parking space would provide a highly desirable and green residential location with good connection to the RD&E hospital site and the city centre.

The hundreds of rented flats delivered would not only provide homes for local families, but also a long-term rental income for the Council that should exceed the cost of out-of-town office space.

Other sites owned by the council across the county should be identified and used in a similar way.

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

Councillor Wrigley MOVED and Councillor Leaver SECONDED

The Council notes:

• The world-wide concerns on the supply of food, in particular wheat following the war in Ukraine and climate change issues globally.
• The need for improved food security in the UK, encouraging more food production requiring grade 1 agricultural land including use in less intensive ways.
• The need for affordable homes, especially for health and social care workers set in sustainable locations.
• The change of work patterns of many Devon residents to have fewer days in an office setting and more days working from home in a hybrid model.

This Council commends:

The acquisition of 34 Hectares of Grade One agricultural land for county owned Markham’s Farm in 2009 with the express purpose to make the farm viable.

In the light of the need for thousands more affordable homes for Devon families, the lack of any form of homes to rent long-term in Devon, and to enable homes for incoming workers for health and social care provision this council resolves to:

1)    Review the land assets held by the County Council with the aim of identifying opportunities to use brownfield sites for new rented affordable homes to generate long term and reliable revenue for the council.

2)    Work with the District Councils and their registered provider partners as housing providers

3)    Deliver a significant programme of homes for rent remaining in the ownership of Devon County Council providing a long-term revenue stream to reduce Council Tax requirements.

4)    Withdraw the sites at Manor Farm, Markham’s Farm and other County Farms from local plan allocations for housing and preserve farm viability.

In the site review particular attention will be given to the Topsham Road County Hall site.  This site is antiquated and in the wrong place for modern council operation.  Office space and meeting space would be far more efficient in a modern working location such as alongside the council’s other offices in Sowton or in Marsh Barton – both out of the town centre but well connected by train, bus and by road.

The current County Hall site would be far more effective if it were re-modelled to become homes for rental, with a proportion reserved for NHS and social Care staff and many at social rent levels.  This would provide much needed affordable homes and a rental income stream for the council.  Turning a liability into a significant revenue generating asset.

Converting the existing office blocks and building new homes on the enormous supply of parking space would provide a highly desirable and green residential location with good connection to the RD&E hospital site and the city centre.

The hundreds of rented flats delivered would not only provide homes for local families, but also a long-term rental income for the Council that should exceed the cost of out-of-town office space.

Other sites owned by the council across the county should be identified and used in a similar way.

In accordance with Standing Order 6(6) the Notice of Motion was  ...  view the full minutes text for item 130.

Councillor Hannaford to move:

Council notes that:

·         In the 1995 Pensions Act, the Government increased State Pension age for women from 60 to 65, with a further increase to 66 in the 2011 Pensions Act. 

·         The change was not properly communicated to 3.8m women born in the 1950s until 2012, giving some only one year’s notice of a six year increase in their anticipated retirement age.  67,000 of the affected women are in our own authority area.

·         The Parliamentary and Health Service Ombudsman (PHSO) has found that the Department for Work and Pensions was guilty of maladministration in its handling of the State Pension Age increase for women born in the 1950s. 

·         The All Party Parliamentary Group on State Pension Inequality for Women has concluded that “the impact of DWP maladministration on 1950s-born women has been as devastating as it is widespread.  The APPG believes that the case for category 6 injustice is overwhelming and clear.  Women have had their emotional, physical, and mental circumstances totally obliterated by a lack of reasonable notice.”

·         Research commissioned by campaign group WASPI has found that by the end of 2022, more than 220,000 1950s born women will have died waiting for justice since the WASPI campaign began in 2015. 

·         WASPI’s figures show that over the course of the two year COVID pandemic, 1 in 10 women who died was affected by these uncommunicated changes and lost both their state pension income and the opportunity to make alternative retirement plans. 

·         Despite the Ombudsman’s findings and the rapid death rate of those affected, the government is choosing to wait for further reports before taking any action. 

Council believes this injustice has not only had a profound effect on the individuals involved but on the wider community in Devon and on local government, not least because:

·         Women who would have looked after older relatives or partners are unable to afford to do so, with a knock-on impact on local social care

·         Women who would have retired and engaged in caring responsibilities for grandchildren are having to continue working, increasing the childcare burden on the state locally

·         Women who have been left in poverty are struggling to meet their housing costs, with a knock-on impact on local housing stock

·         There is a broader impact on voluntary services of all kinds locally, which are missing out on able, active volunteers who would otherwise have been able to retire from full-time work as planned

·         Our local economy is negatively affected by the reduced spending power and disposable income the uncommunicated State Pension Age changes has brough about among women born in the 1950s

Council supports: 

·         The conclusion of the All Party Parliamentary Group on State Pension Inequality that women born in the 1950s have suffered a gross injustice, affecting their emotional, physical and mental circumstances in addition to causing financial hardship.

·         A swift resolution to this ongoing injustice before more and more women die waiting for compensation.

·         The WASPI campaign for an immediate one-off compensation payment of between  ...  view the full agenda text for item 131.

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

Councillor Hannaford MOVED and Councillor Barnes SECONDED

Council notes that:

·         In the 1995 Pensions Act, the Government increased State Pension age for women from 60 to 65, with a further increase to 66 in the 2011 Pensions Act. 

·         The change was not properly communicated to 3.8m women born in the 1950s until 2012, giving some only one year’s notice of a six year increase in their anticipated retirement age.  67,000 of the affected women are in our own authority area.

·         The Parliamentary and Health Service Ombudsman (PHSO) has found that the Department for Work and Pensions was guilty of maladministration in its handling of the State Pension Age increase for women born in the 1950s. 

·         The All Party Parliamentary Group on State Pension Inequality for Women has concluded that “the impact of DWP maladministration on 1950s-born women has been as devastating as it is widespread.  The APPG believes that the case for category 6 injustice is overwhelming and clear.  Women have had their emotional, physical, and mental circumstances totally obliterated by a lack of reasonable notice.”

·         Research commissioned by campaign group WASPI has found that by the end of 2022, more than 220,000 1950s born women will have died waiting for justice since the WASPI campaign began in 2015. 

·         WASPI’s figures show that over the course of the two year COVID pandemic, 1 in 10 women who died was affected by these uncommunicated changes and lost both their state pension income and the opportunity to make alternative retirement plans. 

·         Despite the Ombudsman’s findings and the rapid death rate of those affected, the government is choosing to wait for further reports before taking any action. 

Council believes this injustice has not only had a profound effect on the individuals involved but on the wider community in Devon and on local government, not least because:

·         Women who would have looked after older relatives or partners are unable to afford to do so, with a knock-on impact on local social care

·         Women who would have retired and engaged in caring responsibilities for grandchildren are having to continue working, increasing the childcare burden on the state locally

·         Women who have been left in poverty are struggling to meet their housing costs, with a knock-on impact on local housing stock

·         There is a broader impact on voluntary services of all kinds locally, which are missing out on able, active volunteers who would otherwise have been able to retire from full-time work as planned

·         Our local economy is negatively affected by the reduced spending power and disposable income the uncommunicated State Pension Age changes has brought about among women born in the 1950s

Council supports: 

·         The conclusion of the All Party Parliamentary Group on State Pension Inequality that women born in the 1950s have suffered a gross injustice, affecting their emotional, physical and mental circumstances in addition to causing financial hardship.

·         A swift resolution to this ongoing injustice before more and more women die waiting for compensation.

·         The WASPI campaign for an immediate one-off compensation  ...  view the full minutes text for item 131.

Councillor Bailey to move:

Sewage discharges not only harm wildlife but also pose a serious risk to public health as has been recently confirmed by Chief Medical Officer Professor Chris Whitty.

According to data from the Rivers Trust there were 12,436 sewage spills for a duration of 120,933 hours in Devon in 2021.

Sewage was discharged into the River Otter for 8457 hours in 2021. This includes discharges at Fluxton for 723 hours and upstream at Honiton where sewage was discharged continually for 1974 hours from 16th January 2021 to 10th April 2021.

This Council considers sewage discharges and the associated harm to wildlife and public health totally unacceptable and agrees to write to South West Water to express its very great concern about the impact of sewage discharges on the rivers of Devon and to urge South West Water that this practice must cease urgently.

This Council also requests that the CEO Susan Davey, in recognition of the severity of the situation, considers not taking the whole of her current annual salary of £1.7 million until such time as a substantially improved situation is achieved.

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

Councillor Hodgson MOVED (with the written consent of Councillor Bailey) and Councillor Cox SECONDED

Sewage discharges not only harm wildlife but also pose a serious risk to public health as has been recently confirmed by Chief Medical Officer Professor Chris Whitty.

According to data from the Rivers Trust there were 12,436 sewage spills for a duration of 120,933 hours in Devon in 2021.

Sewage was discharged into the River Otter for 8457 hours in 2021. This includes discharges at Fluxton for 723 hours and upstream at Honiton where sewage was discharged continually for 1974 hours from 16th January 2021 to 10th April 2021.

This Council considers sewage discharges and the associated harm to wildlife and public health totally unacceptable and agrees to write to South West Water to express its very great concern about the impact of sewage discharges on the rivers of Devon and to urge South West Water that this practice must cease urgently.

This Council also requests that the CEO Susan Davey, in recognition of the severity of the situation, considers not taking the whole of her current annual salary of £1.7 million until such time as a substantially improved situation is achieved.

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