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Agenda and minutes

Venue: Committee Suite, County Hall, Exeter

Contact: Rob Hooper, 01392 382300  Email: rob.hooper@devon.gov.uk

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Items
Note No. Item

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45.

Minutes

Minutes of the meeting held on 8 June 2016 (previously circulated).

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on 8 June 2016 be signed as a correct record.

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46.

Items Requiring Urgent Attention

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

 

Additional documents:

Minutes:

There was no item raised as a matter of urgency.

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47.

Chairman's Announcements

Additional documents:

Minutes:

There was no announcement by the Chairman at this meeting.

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48.

Petitions

Additional documents:

Minutes:

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

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49.

Question(s) from Members of the Council pdf icon PDF 93 KB

Additional documents:

Minutes:

In accordance with the Cabinet Procedure Rules, the Leader and/or relevant Cabinet Member responded to 3 questions from a Member of the Council on EU Funding, Hinkley Point C and the HotSW LEP responding orally to supplementary questions arising from the above and inviting the Chief Executive to also respond, as appropriate.  

 

[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]

FRAMEWORK DECISION

Additional documents:

50.

Heart of the South West Devolution pdf icon PDF 96 KB

Report of the Chief Executive (CX/16/20) on progress with discussions and approval  to continuing negotiations for a Combined Authority approach, attached.     

 

Additional documents:

Minutes:

(Councillors Brazil, Connett, 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 Chief Executive (CX/16/20) on continuing discussions between the Leaders of Somerset and Devon County Councils, Somerset and Devon District Councils, Torbay Council, Plymouth City Council, Dartmoor and Exmoor National Parks, the Local Enterprise Partnership and the three Clinical Commissioning Groups and with Government relating to the development of a Devolution Deal to secure greater powers and provide a stronger voice for the Heart of the South West area.

 

The Report now submitted sought approval to the Council ‘signing-up’, in principle, to the pursuit of a devolution deal and the creation of a Combined Authority to administer the new powers and funding secured through that deal, to better position Councils to explore and take advantage of the opportunities that might arise through discussions with Government and future developments.

 

The Cabinet was advised that the progress made and proposals now submitted would require approval by all partner authorities, which would all consider a similar report in this cycle of meetings, to achieve the timetable set out therein.

 

Members noted the intention that, through continuing negotiation - in which the County Council would continue to take a full and active part - the partnership would strive to secure new powers and control of funding to create new jobs, raise skill levels, improve infrastructure, accelerate the integration of health and care services and secure greater powers over housing.  These measures would focus on raising productivity levels in the Heart of the South West and achieving greater prosperity for local people.

 

The specific impacts and implications of a draft deal would  be assessed and considered as part of the negotiation process.  The Heart of the South West Partnership would also and necessarily develop an Impact Needs Assessment at the start of the negotiation process which would be updated as specific powers were agreed.  It would also reflect the impact of the recommended governance arrangements and a final assessment would be provided alongside the draft deal and the draft governance scheme to inform subsequent decision making.

 

The Chairman re-affirmed, as previously recognised by Cabinet (Minute 438/9 December 2015) that the concept of double devolution was clearly accepted and would be integral to the development of any Deal, moving forward.

 

The Chief Executive re-affirmed that any final deal with Government would  be subject to the approval/ratification by Council and public consultation.  Regular updates on progress and key documents were provided on the Council’s web page https://new.devon.gov.uk/democracy/how-the-council-works/devolution/

 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, 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 Hart, SECONDED by Councillor Clatworthy, and unanimously

 

RESOLVED that the County Council be recommended to:

 

(a)        endorse the Leaders approach to devolution and agree to  ...  view the full minutes text for item 50.

KEY DECISION

Additional documents:

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51.

Post-16 Education Transport Policy for 2017-18 (Minute *7/13 April 2016) pdf icon PDF 134 KB

Report of the Head of Education & Learning (EL/16/5) on the outcome of consultations on arrangements for post 16 students for the 2017/18 academic year approved previously for report at this time, attached.

 

Additional documents:

Minutes:

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

 

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being a parent of a child in receipt of County Council post 16 transport and  withdrew from the meeting  during  its consideration).

 

The Cabinet considered the Report of the Head of Education & Learning (EL/16/5) on the outcome of consultations on the education travel policy for post 16 students for the 2017/18 academic year, seeking approval to the adoption of a revised policy.

 

The Council had a statutory duty to provide transport support only where the absence of such support (through, for example, the College Bursary Scheme where schools now received funding direct from Government for such schemes) would prevent a student remaining in education: that statutory duty was enshrined and re-affirmed in the proposed policy now commended to the Cabinet. 

 

A number of responses had been received to the consultation – which were set out in detail in the Appendix to the Head of Service’s Report – principally around concerns that students would not be able to get to College without transport provided by the County Council and/or that the level of funding available through the College Bursary scheme would not be sufficient to meet the needs of all students.  Members were reminded that, as now, students and parents had the primary responsibility for getting to and from College and they would have to demonstrate that all possible options had been explored before seeking financial assistance either from the Bursary Scheme or from the County Council. The Council was seen as the final ‘safety-net’ for claimants but where, for instance, students would be able to walk to and from College or public transport was available there would normally be no need for the Council to assist in any way.

 

Members noted that Government had recently announced it would shortly be undertaking a consultation on post 16 education travel which it was hoped might address the funding issues referred to at the meeting and reflected in the recommendation before the Cabinet.

 

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 the Equality Act 2010, where relevant.  The findings of that Assessment was that there would be a very limited impact upon the actions of parents or choice of school or travel arrangements and that, in socio-economic terms, the proposal was regarded a positive one and no unmanageable impacts had been identified.

 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact)  ...  view the full minutes text for item 51.

OTHER MATTERS

Additional documents:

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52.

Annual Public Health Report 2015/16

The ninth Annual Public Health Report prepared and published by the Director of Public Health reviewing the state of health of the population of Devon and setting out health and wellbeing priorities for Devon is enclosed, separately.

 

[NB: The Annual Public Health Report may be viewed at:http://www.devonhealthandwellbeing.org.uk/aphr/2015-16/ ]

 

Additional documents:

Minutes:

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

 

The Cabinet received and welcomed the ninth Annual Public Health Report prepared and commended to the Cabinet by the Director of Public Health reviewing the state of the health of the population of Devon and setting future health and wellbeing priorities for the local population.

 

The 2015/16 Report looked at the importance of the health of the public in society in relation to fairness, equality and justice - now and in the future - to ensure continuing progress in improving people’s health and wellbeing.  Members acknowledged that while the health of the public in Devon was broadly favourable (as compared with national indicators or similar geographical areas) there were challenges and areas of concern that had been encapsulated in the priorities and recommendations set out in the Report’s Executive Summary, reflective of the County Councils’ strategic objectives.

 

Members noted that the Annual Report also recorded achievements against recommendations contained in the previous year’s report, the majority of which had been fully achieved.

 

In recognising the challenges faced by the Council in delivering services and or prioritising  services for those most in need and in tackling inequalities – Members felt the suggestion of an alternative role for community Hospitals as Centres for Public Health might be worthy of further consideration; as a means also of addressing issues arising from compulsory health checks shortly to be reinstated in Devon. The Chairman of the Health & Wellbeing Scrutiny Committee indicated that his Committee would be looking in more detail at the Annual Report and the aforementioned suggestions.

 

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

 

RESOLVED that the Report be welcomed and published.

 

[NB: The Annual Public Health Report may be viewed at:http://www.devonhealthandwellbeing.org.uk/aphr/2015-16/ ]

53.

Pollinators Plan (Minute 13/13 April 2016) pdf icon PDF 4 MB

Joint Report of the Head of Planning, Transportation and Environment and Head of Business Strategy & Support (PTE/16/36) incorporating the final draft of the proposed Pollinators Plan, relating to the Notice of Motion on Protection of the Bee Populationpreviously submitted by Councillor Hook referred to Cabinet by County Council on 10 December 2015, attached.

 

The Cabinet will also wish to have regard to the views of the Farms Estate Committee (Farms Estate Committee Minute 15/28 June 2016 and the Head of Business Strategy & Support’s Report BSS/16/11), also attached.

Additional documents:

Minutes:

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

 

The Cabinet considered the Joint Report of the Head of Planning, Transportation and Environment and the Head of Business Strategy & Support (PTE/16/36)incorporating a  proposed Pollinators Action Plan which was commended to the Cabinet and County Council. This was in response to the Notice of Motion (set out below) submitted by Councillor Hook having regard, in particular, to the views of the Farms Estate Committee (Farms Estate Committee Minute 15/28 June 2016 and  Report BSS/16/11 refer).

 

The wording of the original Notice of Motion were:

 

‘‘Bees play an essential role in food production. The Bee population has been in alarming decline in recent years, due to various external influences. One such harmful influence is the use of neonicotinoids, an aggressive pesticide. Devon is heavily reliant on agriculture and this council will therefore prohibit the use of this pesticide on all land that it owns or manages in a proactive effort to reverse the destruction of the Bee community here in Devon. The Council will also explore other ways which, in addition to banning this particular pesticide, will help the survival of the Bee population. A report on other potential actions will be brought to Place Scrutiny’.

 

The Heads of Service Report summarised representations received on this matter and the earlier considerations and views of the Cabinet on 13 January and 13 April 2016, of the Place Scrutiny on 7 March 2016 (when that Committee heard from the Devon Wildlife Trust) and of the County Farms Estates Committee on 28 April and again 28 June 2016 (when that Committee also heard from a NFU Representative), culminating in the preparation and submission of the Plan now before the Cabinet.  

 

The Cabinet had previously asked the Farms Estate Committee for its views on potentially prohibiting “the use of neonicotinoids on land under the control or ownership of the County Council including existing and new tenants of the County Farms Estate”  - as part of a wider Pollinators Action Plan - and acknowledged the considered views of that Committee now reported, following a survey of existing tenants. 

 

The production of a Pollinators Action Plan had, in principle, previously been agreed and had been supported by the Place Scrutiny Committee recognising, at that time, that the final content of the Plan would be considered by the Cabinet in light of the Farms Estates Committee’s views.

 

The Action Plan now proposed recognised that prohibiting the use of neonicotinoids on land under the control or ownership of the County Council generally would be unnecessary and irrelevant given there was no routine use of such insecticides.  Furthermore, and in relation specifically to the Farms Estate, and again given the limited current usage of such products and the legal constraints outlined in Section 8 of the Report, the Plan instead outlined a series of positive actions to further reduce the use of neonicotinoids by tenants together with a range  ...  view the full minutes text for item 53.

MATTERS REFERRED

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54.

Treasury Management Stewardship Annual Report 2015/16 pdf icon PDF 97 KB

Report of the County Treasurer (CT/16/60) considered and endorsed by  the Corporate Services Scrutiny Committee on 27 June 2016, attached.

Additional documents:

Minutes:

(Councillors Connett, Julian 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/16/60) outlining the Treasury Management action taken during the last financial year (in line with the CIPFA Code of Practice previously adopted by the Council) which had also been considered and endorsed by the Corporate Services Scrutiny Committee on 27 June 2016.

 

The Annual Report reviewed performance over the 2015/16 financial year with a view to identifying any issues arising from the Council's Treasury and Debt Management during that period and to provide assurance that agreed policy had been implemented. The Report revealed that:

 

- no long term borrowing had been undertaken during 2015/16 and only a small number of short term loans had been taken out in one 2 month period to preclude any temporary shortfall in cash;

 

- investment income targets had been exceeded and prudent management of the Council’s short term cash reserves (including the short term loans referred to above) had also delivered a surplus;

 

- all lending had been carried out in accordance with the Council’s Treasury Management Strategy;

 

- there had been no opportunity to repay any outstanding debt without incurring premium penalties; and

 

- the change of policy approved previously relating to repayment of borrowing (the Minimum Revenue Provision) had resulted in a reduction of £11.9m in the budget for 2015/16.

 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial and legal considerations) set out in the County Treasurer's Report and/or referred to above having been considered:

 

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

 

RESOLVED that the Annual Treasury Management Stewardship Report be noted and welcomed.

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55.

South Hams: Marldon 20 mph Zone (Minute 16/13 April 2016)

Cabinet Member for Highway Management & Flood Prevention to report on his visit to this area (following the earlier request for a 20mph Zone referred to Cabinet from the South Hams HATOC) and on any proposals arising therefrom.

Additional documents:

Minutes:

(Councillor Brazil attended in accordance with Standing Order 25(2) and spoke to this item).

 

The Cabinet Member for Highway Management & Flood Prevention reported on his meeting with the local County Councillor and representatives of the Parish Council during his visit to this area on 14 June 2016, following the earlier request from the South Hams HATOC for a 20mph Zone as a departure from existing policy. 

 

In acknowledging the concerns expressed locally about traffic speeds, the Cabinet Member re-affirmed that there were no grounds in terms of collision data or speed data for  the County Council to change current arrangements or support a departure from existing policy. However, he suggested that there might be opportunities for the community, if it wished, to take community speed management action and had correspondingly asked the Head of Service to pass on any relevant information to the Parish Council on options for community speed management – which could include community funding of warning signs or interactive speed signs. He further suggested that Officers should advise on the appropriate signage and locations in the interest of complying with signing legislation and road safety.

 

Members further noted (see also Minute 57 below) that the Council’s policy on 20 mph speed limits would be revisited once the Government’s Review of 20mph speed limits had been published.

 

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

 

RESOLVED

 

(a) that the request for a departure from the County Council’s Policy on Local Speed Limits to introduce a blanket 20mph speed limit zone in Marldon Parish be not approved; based on speed data, collision data and the outcome of the site visit undertaken on 14 June 2016;

 

(b) that, as indicated above, and following the receipt of Government’ advice on 20mph speed limits, a review of the County Council’s policy on local speed limits be undertaken;

 

(c) that the Head of Service and Highway Officers be asked to work with Marldon Parish Council to conduct a survey of all posted 30mph signage in the Marldon area and to arrange with local landowners the removal of vegetation that was obscuring signs; and

 

(d) that the Head of Service also investigate the potential for putting signs near the entrance of the children’s play area on Tor Field, Marldon to warn of the possible presence of children/pedestrians in the road.

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56.

Health & Wellbeing Scrutiny Committee : Torrington Community Hospital Task Group

The Cabinet will wish to note that the Health & Wellbeing Scrutiny Committee at its meeting on 20 June 2016 (Minute 5) considered the Report of its Task Group (available at: http://democracy.devon.gov.uk/ieListMeetings.aspx?CommitteeId=130) reviewing the evidence and processes by which decisions were made about Torrington Community Hospital and agreed, in line with its statutory delegated powers, to make a referral to the Secretary of State for Health: the Task Group’s Final Report (CS/16/5) will be available shortly on the Council’s website (http://democracy.devon.gov.uk/ecCatDisplay.aspx?sch=doc&cat=13627) following incorporation of drafting revisions and further changes.   

Additional documents:

Minutes:

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

 

The Cabinet noted that the Health & Wellbeing Scrutiny Committee had, at its meeting on 20 June 2016 (Minute 5), considered the Report of its Task Group (available at: http://democracy.devon.gov.uk/ieListMeetings.aspx?CommitteeId=130) reviewing the evidence and processes by which decisions were made about Torrington Community Hospital and had agreed, in line with its statutory delegated powers, to make a referral to the Secretary of State for Health; the Task Group’s Final Report (CS/16/5) would be available on the Council’s website (http://democracy.devon.gov.uk/ecCatDisplay.aspx?sch=doc&cat=13627) following incorporation of drafting revisions.

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57.

Place Scrutiny Committee: Department of Transport Review of 20mph Speed Limits

In noting the postponement of the review of the Council’s current Devon Traffic Policy and Devon Traffic Advice Note on Local Speed Limits (which was to have taken place after publication of the Department for Transport’s (DfT) review of 20mph limits) because the DtT’s Review had now been delayed until 2017, the Place Scrutiny Committee (Minute 3/14 June 2016) resolved ‘that .. the Cabinet be recommended to make representations to the Department for Transport expressing the Council’s disappointment over the continuing delay in  the publication of the DfT's new guidance on 20mph limits; and also that Devon MPs be also urged to exert pressure on  the DfT for early publication’.  

 

Recommendation: that the Scrutiny Committee’s suggestions be endorsed.

Additional documents:

Minutes:

The Cabinet noted that the Place Scrutiny Committee had, at its meeting on 14 June 2016 (Minute *3), acknowledged the postponement of the review of the Council’s current Devon Traffic Policy and Devon Traffic Advice Note on Local Speed Limits because the Department for Transport’s (DfT) review of 20mph limits had now been delayed until 2017 and had  resolved ‘that .. the Cabinet be recommended to make representations to the Department for Transport expressing the Council’s disappointment at the continuing delay in publication of the DfT's new guidance on 20mph limits;’  and ‘that Devon MPs be also urged to exert pressure on  the DfT for early publication’.  

 

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

 

RESOLVED that the Scrutiny Committee’s suggestions be endorsed.

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58.

Question(s) from Members of the Public pdf icon PDF 78 KB

Additional documents:

Minutes:

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to a question from a Member of the public on speed limits; responding  orally to a supplementary question arising from the above.  

 

[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]

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59.

Minutes pdf icon PDF 96 KB

(a)        SACRE - 7 June 2016, attached

(b)        Devon Education (Schools) Forum) – 22 June 2016, attached

(c)        Farms Estate Committee – 28 June 2016 (excepting Minute15 previously taken into account at item 10 above, Page 96).

           

[NB: Minutes of County Council Committees are published on the Council’s Website at: http://democracy.devon.gov.uk/ieDocHome.aspx?bcr=1

Minutes of  the Devon Education (Schools) Forum are published at:  http://www.devon.gov.uk/schoolsforum.htm]

Additional documents:

Minutes:

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

 

RESOLVED that that subject to Minute 53 above, the Minutes of the following and any recommendations therein be approved:

 

(a)        SACRE - 7 June 2016,

(b)        Devon Education (Schools) Forum) – 22 June 2016,

(c)        Farms Estate Committee – 28 June 2016.

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60.

Delegated Action/Urgent Matters

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.

 

Additional documents:

Minutes:

The Registers of Decisions taken by Members and 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/ .

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61.

Forward Plan

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 at:http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0&bcr=1 ]

 

Additional documents:

Minutes:

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 http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0) .


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