Agenda and minutes

Minutes of the meeting held on 11 May 2016 (previously circulated).

RESOLVED that the minutes of the meeting held on 11 May 2016 be signed as a correct record.

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

There was no item raised as a matter of urgency.

There was no announcement by the Chairman at this meeting.

There was no petition received from a Member of the Public or the Council.

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Members responded in writing to 2 questions from Members of the Council on the allocation of funds received from the Government’s Pothole Action Fund and works required at Barnstaple Ashleigh Road School: responding orally to any supplementary questions arising from the above.    

The Leader responded orally to a question from a Member on the EU referendum supporting those who were robustly promoting the benefits of remaining a member of the EU, to be able to influence the EU’s actions from within, and congratulated the Member for Barnstaple North for similarly expressing such views in a letter recently published in a local newspaper.

The Leader also indicated that he would respond direct to three questions on the achievement of energy efficiency improvements and savings, support for refugees in Devon and small highways schemes from the Member for Totnes Rural who was not present at the meeting.

[NB: A copy 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].

Report of the County Treasurer(CT/16/46) on the Revenue and Capital Outturn for 2015/16, attached.

(Councillors Biederman, Connett, Dewhirst, Greenslade, Julian, Owen and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the County Treasurer (CT/16/46) on the revenue and capital budget outturn for 2015/16.

Members acknowledged that strong, effective, financial and budgetary management had again enabled spending to be contained within budgets, whilst also allowing for the carrying forward of unspent grants and budgets.  An overall underspend had been achieved on the revenue budget in spite of the significant financial challenges that the Council had continued to face during the financial year in question, particularly in relation to children’s social work and child protection enabling a contribution to reserves to be made. 

The Cabinet had received regular budget monitoring reports throughout 2015/16 in which budget pressures and risks had been identified and Members now noted that,  at year-end, there was a small revenue underspending of £35,000 after transfers to Reserves.  Members acknowledged the impact of the change to the Minimum Revenue Provision Policy that would apply to both 2015/16 and 2016/17 where, as anticipated in the Medium Term Financial Strategy, £11,900,000 had been transferred to the Budget Management Reserve for application in 2017/18 to help to protect services.  Capital expenditure had also been closely maintained to minimise slippage during the course of the year, while continuing to improve the Council’s infrastructure and property portfolio.

The Report contained a detailed breakdown of the position within specific service areas and other funding items outlining any over- and under-spendings and the reasons therefor:  in summary, People’s Services had ended the year with a net overspend of £9,816,000, Place  and Corporate Services showed net underspending of £2,464,000 and £2,416,000 respectively while Public Health was net break even.  

Members paid tribute once again to the County Treasurer and staff across all services who had been instrumental in bringing expenditure in under budget for the twenty fifth year in succession;  the resulting outturn was highly satisfactory given the continuing significant pressures on services and economic difficulties faced by Council’s during the year.

Further, and while acknowledging that in 2016/17 the budget for People’s Services had been increased by nearly £16,200,000 in recognition of the increase in demand faced by the caring services, the Cabinet Member for Resources & Asset Management reiterated the need for that service to stay within the increased budget and that there was no repeat in 2016/17 of the overspending in children’s services or in any other service area.

The Cabinet noted comments expressed by Members, including those attending under Standing Order 25 on the detail of the outturn and while there was a general consensus that the Council and its Officers deserved the plaudits for again bringing in the budget under  target some concerns were also expressed at the apparent failure to achieve budget targets for the former library service and the opportunity presented through underspendings potentially to invest more resources in highway management and parking enforcement. The impact of in-year reductions on public health services and  ...  view the full minutes text for item 37.

Report of the Head of Planning, Transportation and Environment (PTE/16/27) seeking approval to a strategic cycle network for Exeter and detailed proposals for the design of Routes E3 (between Redhayes Bridge and the City Centre) and E4 (between Redhayes Bridge and the University of Exeter Streatham Campus), attached.

(Councillors Biederman, Connett, Hannan, Julian, Owen and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Planning, Transportation & Environment  (PTE/16/27) seeking approval to an Exeter Cycle Strategy and to specific proposals for the design initially of Routes E3 (between Redhayes Bridge and the City Centre) and E4 (between Redhayes Bridge and the University of Exeter Streatham Campus).

The proposed Exeter Cycle Strategy reflected the network of cycle routes adopted by the County Council in its 2015 Cycling and Multi-Use Network Strategy and sought to secureadditional high quality routes radiating out from the city centre and connecting to orbital routes on the eastern edge of the city.  It would build upon the success of the earlier Cycle Demonstration Town project which had delivered over 40 kilometres of new cycle routes in the City enabling more people to cycle more safely, more often. 

The Strategy and the detailed routes to be pursued first had been further refined in the light of consultations with various stakeholders, local Councillors, Exeter City Council, Exeter Walking and Cycling Steering Group and the Exeter HATOC and through a wider public consultation.  Three public consultation events had been held across the city in July 2015 attended by around 150 people and a total of 224 responses had been received thereto and via the Council's on-line consultation facility.

In general, members of the public were very supportive of the County Council investing in additional cycle infrastructure across the city and consultation feedback had been taken into consideration and plans had been altered to address comments and concerns, wherever possible.

The Head of Service’s Report also incorporated an Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010, where relevant.

The Assessment acknowledged that that the schemes/proposed cycle network would have a positive impact – both economically and socially - on the wider community through improving cycling infrastructure for work, education and leisure (reflecting increasing demand consequent upon  additional housing and employment now taking place and planned) while also reducing congestion on the highway, reducing road traffic accidents and encouraging more healthy lifestyles.  No unmanageable impacts had been identified.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental impact, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

It was MOVED by Councillor Hughes, SECONDED by Councillor Leadbetter, and

RESOLVED

(a) that the principle of a strategic cycle network for Exeter outlined in Appendix I to Report PTE/16/27 be endorsed;

(b) that Officers be authorised  ...  view the full minutes text for item 38.

Report of the Head of Highways, Capital Development & Waste(PTE/16/28) seeking scheme and estimate approval for a new cycle/pedestrian bridge, attached.

(Councillors Biederman, Connett, Greenslade, Julian and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Planning, Transportation & Environment  (PTE/16/28) seeking scheme and estimate approval for a new cycle/pedestrian bridge over the A39 at Roundswell, Barnstaple.

The proposed scheme would not only improve safety upon and the capacity of the A39/A361 as part of a programme of planned infrastructure improvements but would also provide a safe and attractive link to support economic growth in the area, where land to the south west of the bridge had been allocated for employment purposes in the draft North Devon and Torridge Local Plan to 2031. 

The crossing had been specifically referred to within the Draft Joint North Devon & Torridge Local Plan Policy for BAR10 employment sites. That Plan had been subject to extensive local public consultation by the District Council between 2012 and 2015 as had the wider strategy for the A361/A39 corridor (A Gateway To Northern Devon) undertaken by the County Council in 2014. The proposed bridge, which had been widely welcomed, had also been subject to consultation through the current planning application which Members noted would now be amended slightly to take account of advice from North Devon District Council on landscaping, upon which a formal decision was expected shortly.

Members noted that the estimated cost of the scheme was £2,855,000 which would be funded through secured Growth Deal funding of £2,000,000, developer contributions of £250,000,  £17,000 carried over from pervious Local Transport Plan grant and £588,000 from the Growth Deal Infrastructure corporate match funding pot; the  scheme would be  subject to a design and build tender process.

The Head of Service’s Report also incorporated an Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010, where relevant.

The Assessment acknowledged that the provision of a cycle/walking bridge (which was part of  a wider strategy to improve the resilience of the M5-Bideford/Northam corridor to support tourism and economic development in the area)  would  reduce congestion and journey times for all types of user, reduce road traffic accidents and have a positive impact on public heath; providing improved access to employment, transport, education and to community facilities. 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental impact, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

It was MOVED by Councillor Leadbetter, SECONDED by Councillor Hughes, and

RESOLVED

(a) that approval be given to the design and construction of the scheme shown in Appendix I to Report  ...  view the full minutes text for item 39.

Report of the County Solicitor (CS/16/21) on the Notices of Motion referred to the Cabinet by the County Council on 12 May 2016, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised, attached.

The Cabinet considered the Report of the County Solicitor (CS/16/21) relating to those Notices of Motion set out hereunder submitted to the County Council by the Councillors shown incorporating any factual briefings or position statements on each prepared by the relevant Head of Service to facilitate the Cabinet’s discussion of each Notice of Motion.

(a)  School Crossing Patrol Service

(Councillor Connett attended in accordance with Standing Order 8 and Councillors Dewhirst and Westlake in accordance with 25(2) and spoke to this item).

The following Notice of Motion submitted to the County Council by Councillor Connett had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

‘To ensure the school crossing patrol service is protected and continues to operate, this council will ensure:

1.     all crossing patrol vacancies are promptly filled and not left vacant to help with 'vacancy management savings';

2.     No school crossing patrol site will be deleted from the council's establishment without a report presented first to Place Scrutiny and Cabinet.

3.     An annual 'state of the service' report is presented each February detailing the number of school crossing patrols, any vacancies in the preceding year, how long they have been vacant and the robust steps taken to fill posts; and

4.     where it can be shown there is a proven need the Council will look favourably on new applications for a school crossing patrol’.

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’s factual briefing/position statement on the matter, the relevant Cabinet Members’ recognition of the importance of the issues now raised and any suggestions or alternatives or other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

It was MOVED by Councillor Hart, SECONDED by Councillor Hughes, and

RESOLVED that in accordance with Standing Orders 6 & 8, the County Council acknowledge the principles of the Notice of Motion and be advised to adopt the following actions which Cabinet believes fundamentally meets it’s underlying objectives, namely:  

(a)  that, as part of the Annual Review of Child Injury Collisions in Devon to be made available to the Place Scrutiny annually after the end of the Academic Year, the operation of the School Crossing Patrol Service be reviewed (including collision and casualty performance at all crossing patrol sites) and vacancy management over the preceding 12 months and any service developments (i.e changes in national guidance/criteria); 

(b) that consideration to the filling of vacancies at existing school crossing patrol sites which no longer automatically meet the national criteria for funding and requests for new sites be given initially by the appropriate HATOC having regard to a full  technical assessment of the site and any associated matters to be submitted as part of that consideration, with a view to making a  ...  view the full minutes text for item 40.

There was no question from a Member of the public.

Farms Estate Committee,  28 April 2016, attached

[NB: Minutes of County Council Committees are published on the Council’s Website at: http://www.devon.gov.uk/index/your_council/decision_making/cma/index_exc.htm ]

It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and

RESOLVED that the Minutes of the Farms Estate Committee  held on 28 April 2016 and any recommendations to Cabinet therein be approved.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  A summary of such decisions taken since the last meeting is attached.

The Registers of Decisions taken by Members and property transactions approved by NPS under the urgency provisions or delegated powers were available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012; a summary of decisions taken since the last meeting had been published with the Agenda for this meeting. Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council’s Scheme  of Delegation  set out in  Part 3 of the Council’s Constitution may be viewed at  https://new.devon.gov.uk/democracy/officer-decisions/ .

In accordance with the Council’s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting.

[NB: The Forward Plan is available on the Council's website http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0 ]

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (at https://new.devon.gov.uk/democracy/how-the-council-works/forward-plan/) .