Agenda and minutes

Minutes of the meeting held on 6 October 2016 (previously circulated).

RESOLVED that the minutes of the meeting held on 12 October 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.

(An item taken under Section 100B(4) of the Local Government Act 1972).

(a) Exeter – Royal Clarence Hotel Fire

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

The Chairman, expressed his thanks, on behalf of Councillors and the people of Exeter and Devon for the recent efforts of the blue-light services and the County Council’s highways staff for the way they had all dealt with the recent sad events in Cathedral Green. Tribute was paid to the highly professional manner in which Firefighters and the Police conducted themselves and managed what was an extremely difficult and traumatic situation, resulting in many buildings being saved and with no loss of life, which gave great credit to both services. 

(b)  RMB Chivenor

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

The Chairman had decided that the Cabinet should consider this item as a matter of urgency, at the request of Councillor Greenslade, in order that it might consider and, if felt appropriate, make representations to Government over the proposed closures - and the impact of that upon the economy of the wider area -  of  RMB Chivenor and military facilities in Plymouth, as part of the Ministry of Defence’s plan to free up military sites, apparently for housing. 

The Chairman confirmed his intention to seek clarity on the proposal and, if necessary, to work with Plymouth Council to explore the feasibility of a joint response on the impact of any proposals upon the economy of the area(s).

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

RESOLVED that the Government’s announcement be noted and urgent clarification be sought from the Ministry of Defence as to the exact nature of the proposals, the future use of any vacated premises for military or other purposes and the levels of compensating investment by Government for the northern Devon economy.

[NB: See also Minute 103 below].

The Chairman reported that Councillor Parsons had recently undergone surgery and wished him a full and speedy recovery.

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

There was no question from a Member of the Council.

Report of the Chief Officer for Highways Infrastructure Development & Waste (HIW/16/3) reviewing the existing Highway Asset Policy, Strategy and Plan adopted in 2013, also encapsulating the views expressed at the Place Scrutiny Committee’s Focus Group held on 13 October 2016, attached.

(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 Officer for Highways Infrastructure Development & Waste (HIW/16/3)reviewing the Council’s current Highway Asset Policy, Highway Asset Strategy and Highway Asset Plan,approved by Cabinet in March 2013, to ensure the Council’s policies and practices for the management and maintenance of the highway network were  robust, capable of stringent scrutiny and comparison with national guidelines. The Report alsoencapsulated the views expressed at the Place Scrutiny Committee’s Focus Group held on 13 October 2016.

The review had taken account of the Council’s strategic plan, latest national guidance and codes of practice and emerging best practice, to ensure the Council could maximise funding grant for highway maintenance. The difference in projected levels of capital funding between a Band 1 and Band 3 rating in 2020/21 would be £7,000,000.  Members acknowledged that effective maintenance of the highway network was fundamental to the delivery of the Council’s wider vision and objectives and the specific highway asset management planning strategies for  driving efficiency; managing demand and enabling community self-help.

Members present expressed continuing concerns at the effect of historic levels of funding made available by Government for highway maintenance which was no longer sufficient to meet current demands let alone the growing backlog of work required.  Members attending under the provisions of standing orders also expressed concerns at the apparent divide in the treatment of urban and rural areas and the impact upon the economy of the County as a whole.

The Cabinet noted that the Place Scrutiny had reviewed the draft Highways Infrastructure Asset Management Policy, Strategy and Plan on 20 September 2016 and had established a separate Focus Group, which had taken place on 13 October 2016, at which all Members were involved in helping shape the key performance measures used to monitor the levels of service set out in the Plan.  A summary of the views expressed thereat and recommendations arising therefrom was set out at Annex 4 to the Chief Officers Report: those recommendations having been incorporated in the performance indicators now presented to Cabinet.  The indicators, if approved, would not only allow the effectiveness of the Council’s approach to asset management to be measured but would allow plans to be adapted, with the passage of time, to demonstrate best value for money.

The Chief Officer’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.  It recognised the impacts relating to highways asset management would be regularly reviewed with the Asset Management Plan developed as a ‘living document’,  ...  view the full minutes text for item 100.

Report of the Head of Economy, Enterprise & Skills (EE/16/1) on progress with the creation of an Enterprise Zone in East Devon covering Growth points, seeking endorsement of the proposed Memorandum of Understanding with Government and the development of governance arrangements and an implementation plan, attached.

The Corporate Services Scrutiny Committee had on 27 June 2016 considered the findings of its Spotlight Review (CS/16/22) on this matter in parallel with an earlier Report from the Head of Economy and Enterprise (EE/16/10),  examining the potential effects of setting up an Enterprise Zone and resolved:

‘(a) that the Committee tentatively supports the proposals for an East Devon & Exeter Enterprise Zone, in particular, the potential to drive the local economy, notwithstanding its concerns over the lack of financial assistance from Government and the role of the Local Enterprise Partnership in the Governance arrangements, and the unequal application of methods to stimulate growth throughout the County; and

(b) that, in light a (a), the Committee strongly believes that robust Governance arrangements will be key in this proposal and recommends that Cabinet satisfies itself that such arrangements are in the best interests of both the County Council and East Devon District Council.’

(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 Head of Economy, Enterprise & Skills (EE/16/1) on progress with the creation of an Enterprise Zone in East Devon covering existing Growth Points, seeking endorsement of the proposed Memorandum of Understanding with Government and the development of governance arrangements and proposed implementation plan.

The Cabinet noted that the Corporate Services Scrutiny Committee had previously, in June 2016, considered the findings of its Spotlight Review (CS/16/22) on this matter in parallel with an earlier Report from the Head of Economy and Enterprise (EE/16/10), examining the potential effects of setting up an Enterprise Zone, and had resolved:

‘(a) that the Committee tentatively supports the proposals for an East Devon & Exeter Enterprise Zone, in particular, the potential to drive the local economy, notwithstanding its concerns over the lack of financial assistance from Government and the role of the Local Enterprise Partnership in the Governance arrangements, and the unequal application of methods to stimulate growth throughout the County; and

(b) that, in light a (a), the Committee strongly believes that robust Governance arrangements will be key in this proposal and recommends that Cabinet satisfies itself that such arrangements are in the best interests of both the County Council and East Devon District Council.’

The Head of Service’s Report summarised  the work undertaken in relation to 4 sites in East Devon District (Skypark, Science Park, Cranbrook and Airport Business Park extension) that would constitute the Exeter and East Devon Enterprise Zone; identifying the decisions needed to bring the Zone to fruition.   Members acknowledged that an Enterprise Zone could, potentially, capitalise on existing economic development initiatives and accelerate  delivery of key strategic sites in the Growth Point area; it was felt to be vital both in attracting inward investment and supporting the development of new jobs and businesses but also in supporting sustainable growth of cutting edge technology and developing centres of excellence.

In the Head of Service’s view, the work undertaken in the preceding 6 months demonstrated the strong financial case for introducing a Zone.  The provisions of both the Memorandum of Understanding, including its financial safeguards, and the Business Rates Relief policy would provide a robust framework for ensuring the designation would facilitate that accelerated delivery of new economic activity.  Moreover and as a landowner not only would the County Council have an interest and direct role in ensuring the proposed constituent sites benefited from the potential funding  available through the creation of an Enterprise Zone but would, potentially, also benefit from increased capital receipts in the Zone, thereby generating additional revenues to reinvest in employment space in other areas of the County.

The Cabinet also noted the receipt of representations received suggesting the inclusion of the area encompassing the Exeter Gateway Office Park within the proposed Enterprise Zone which was still under discussion and similar comments relating to the impact of any Enterprise Zone on economic development  ...  view the full minutes text for item 101.

The Annual Report of the Devon Safeguarding Children Board, charting progress within Devon of national expectations and safeguarding activity, will be circulated separately for information and discussion at this meeting.  The Report will also be presented to the People’s Scrutiny Committee on 17 November 2016.

Mr Mark Gurrey, Chairman of the Devon Safeguarding Children Board, will attend to present the Annual Report and respond to any questions.

[NB: The Safeguarding Board Annual Report will also be available, in due course, at: http://www.devonsafeguardingchildren.org/].

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

The Cabinet received the Annual Report of the Devon Safeguarding Children Board which charted progress within Devon against national expectations of safeguarding activity and provided a rigorous and transparent assessment of the performance and effectiveness of safeguarding activity over the preceding year, commenting upon the effectiveness of safeguarding arrangements in place across Devon. That assessment had been informed by the Board’s Quality Assurance Framework and the 2015 Ofsted Inspection and recognised the involvement and contribution of all those agencies helping in improving safeguarding children practice in Devon.

The Annual Report’s content would also be examined by the People’s Scrutiny Committee in due course.

Mr Gurrey, Chairman of the Devon Safeguarding Children Board, attended and spoke at the invitation of the Cabinet, presenting the Board’s Annual Report and responding to specific questions on, inter alia, the recently published, innovative, Domestic Violence Strategic and on historic attendance at strategy and child protection conferences and information sharing generally. He also commented further on steps taken and being  taken to revise and enhance the Board's governance arrangements, to ensure a more pro-active, streamline and focussed approach have a more positive impact upon work to protect children and young people.

It was MOVED by Councillor Hart, SECONDED by Councillor McInnes that the Devon Safeguarding Children Board’s Annual report be welcomed, noting in particular the importance of all relevant agencies and partners participating fully in all relevant processes, attending meetings as required.

[NB: The Safeguarding Board Annual Report will also be available, in due course, at: http://www.devonsafeguardingchildren.org/

or at

http://www.devonsafeguardingchildren.org/documents/2016/11/dscb-annual-report-2015-16.pdf

Report of the Head of Planning, Transportation & Environment (PTE/16/52) seeking approval to a flood improvement scheme for Brunton, attached.

(Councillors 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 Head of Planning, Transportation & Environment (PTE/16/52) seeking scheme and estimate approval to a flood improvement scheme for Braunton, to commence in January 2017. Braunton was one of the County Council’s highest priorities for reducing the risk and frequency of flooding experienced on a number of occasions in recent years. 

The scheme now proposed would cost in the order of £540,000 including all feasibility, site investigations, design, supervision and scheme construction costs (the later being estimated at £340,000);  all costs to date had been met by the County Council.  The scheme would provide a new drainage system to operate under ‘normal’ conditions with a pumping station to lift surface water into the river when levels were high. While the main driver for this scheme was to reduce the risk and occurrence of flooding to properties in Caen Street, the heart of the village,  it would also alleviate flooding of the highway which had in the past caused  significant disruption to Braunton and through traffic to the west of Braunton. 

Funding of £57,000 would be forthcoming from the National Flood Defence Grant in Aid toward the construction costs, subject to justification and approval, and a further £30,000 of Local Levy funding was available for this scheme. The Parish Council had committed to take on future ownership and maintenance costs of a proposed pumping station, leaving a balance  of £220,000 for the construction of these essential improvements to be met from the Place revenue budget for Flood Prevention Works. 

The scheme was supported by the local Councillor and locally, as a positive approach to tackling one of Devon’s high risk communities.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, 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 Hart, and

RESOLVED that the Braunton Flood Improvement scheme be approved at an estimated cost of £540,000 and that the Place 2016/17 capital programme be increased by £457,000 (funded through the Place revenue flood risk management budget (£150,000), the Place revenue budget for flood prevention works (£220,000), external contributions (£30,000 )and grants (£57,000).

Report of the County Solicitor (CS/16/37) on the Notices of Motion referred to the Cabinet by the County Council on 6 October 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/16/27) relating to those Notices of Motion set out hereunder submitted to the County Council by the Councillors shown therein, incorporating any factual briefings or position statements on each prepared by the relevant Officers to facilitate the Cabinet’s discussion of each Notice of Motion.  The Chairman had also decided that the Cabinet should further consider, as matters of urgency, the proposed response from the Health & Wellbeing Scrutiny Committee to two other Notices of Motion previously referred to the Cabinet, as set out at (e) below.

(a)        Educational Re-organisation and Fair Funding 

(Councillor Connett attended in accordance with Standing Order 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:

‘Devon County Council is proud of the achievements of all schools in the county and recognises that with fair funding from Government, yet more could be done to raise educational attainment for all pupils, help them achieve their potential and aspire to achieve their ambitions.

The Council believes it would be a retrograde step to divert scarce national and local resources from the classrooms into yet another reorganisation of education and does not wish to see the introduction of new or additional Grammar schools in Devon.

Devon County Council yet again calls on the Government to ensure the education of children in Devon is properly, fairly and fully funded noting that Government is short-changing Devon schools by £23m a year.

"Devon has never been funded at the level it deserves and remains well below the national average for funding per pupil. Despite this historic underfunding, Devon schools have shown that they can deliver impressive educational outcomes and that no child is marginalised because responsibility is shared for the most vulnerable and who may not be in our own schools." Sue Clarke OBE MSc, former Head of Education and Learning, Devon County Council (foreword to the consultation on 2016-17 Revenue funding arrangements for schools)

The Council therefore calls on all Members of Parliament for Devon to challenge the Government to play fair by Devon by properly funding children's education in the county’.

The Mover of the Notice of Motion having acknowledged his support for the recommendation now before the Cabinet, the relevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members’ willingness to endorse the principles contained therein, representations previously made and to actions now proposed or already undertaken and any 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 Clatworthy, and

RESOLVED that, in accordance with Standing Orders 6 & 8, the County Council be recommended to accept the Notice of Motion which reflects the action already taken by the Council in campaigning for  ...  view the full minutes text for item 104.

Report of the County Treasurer (CT/16/92) on the position at Month 6, attached.

(Councillors Brazil, 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/16/92) on the financial position at Month 6 outlining those areas of  specific pressures on budgets, potential under- and over-spendings in the current financial year and on management action being taken where individual budget lines were experiencing such pressures.  

The Cabinet noted that, overall, the forecast for revenue spending at year-end showed a  projected overspend of £7,000,000. This was a small reduction over the previous reported forecast with the main pressures continuing to be in the areas of Adult Social Care and in Children’s Social Work and Child Protection, for the reasons previously advised (Minute 72   refers).  While acknowledging that the projected overspend at year-end had reduced slightly as a result of management action and noting planned savings strategies outlined in the County Treasurer’s Report, Members were nonetheless advised that there appeared little prospect of full recovery by the year-end.  While the projected overspend could be offset by using centrally held budgets as also posited in the Report now before Cabinet, that would not however address the potential impact of spending pressures in future years and it was also suggested that it might prove necessary to consider whether other actions such as the cessation of spending in specific Service areas, vacancy management (including use of consultants) or spending embargos would be necessary to manage spending in the remaining six months of the financial year.

The matter having been debated and the options and/or alternatives and other relevant factors 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

(a) that the position based on Month 6 be noted;

(b) that acknowledging the limited capacity to fund the current projected overspend from Reserves or centrally held budgets, the Leader of the Council and the Chief Executive consider and determine what direct actions, such as spending embargoes, non-automatic replacement of vacant posts and consultants and/or any freeze on service spending,  should be implemented before the next Monitoring Report (Month 8)  to Cabinet.

There was no question from a Member of the public.

(a)        Devon Authorities Strategic Waste Joint Committee – 18 October 2016, attached;

(b)        Devon Education Forum – 19 October 2016, attached;

(c)        SACRE – 1 November 2016, circulated separately.

[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]

(Councillor Connett attended in accordance with Standing Order 25(2) and spoke to this item in relation to Devon Education Forum Minute 21).

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

RESOLVED that the Minutes of undermentioned bodies and any recommendations to Cabinet therein be approved:

(a)        Devon Authorities Strategic Waste Joint Committee – 18 October 2016;

(b)        Devon Education Forum – 19 October 2016; and

(c)        SACRE – 1 November 2016.

[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]

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

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) .