Agenda and minutes

Minutes of the meeting held on 11 January 2017 (previously circulated).

RESOLVED that the minutes of the meeting held on 10 February 2017 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.

The Chairman welcomed Mrs Mayes who was attending the meeting in her  capacity as a Co-opted Member of the Council's Standards Committee to observe and monitor compliance with the Council’s ethical governance framework.

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

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Member would respond direct to 2 questions on Devon’s Library Service (Libraries Unlimited) from Councillor Vint, 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]

Report of the Head of Economy, Enterprise and Skills (EE/17/2) on the proposed extension of the current joint Trading Standards Shared Services Agreement with Somerset County Council to also include Torbay Council, attached.  

(Councillors Brazil, Dewhirst, 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 Economy, Enterprise and Skills (EES/17/2) on the proposed extension of the current joint Trading Standards Shared Services Agreement with Somerset County Council to also include Torbay Council.

Members were reminded that in 2013, the County Council had formally entered into a shared service agreement with Somerset County Council for the provision of a joint Trading Standards Service.  The County Council had agreed to host the joint service and former Somerset County staff had transferred across under TUPE arrangements.  One of the objectives of the Joint Service had been to develop the capability to respond to possible changes in role, scope or budget by expanding the scope of the service either geographically and/or by broadening the range of functions within its remit.

The Head of Trading Standards indicated that the joint service had widely been held to be a great success. In light of the above and given the common challenges faced by the Devon and Somerset Trading Standards Service and the Torbay Trading Standards Team in ensuring that regulatory services continued to meet customer needs exploratory discussions were initiated in 2016 on a possible merger. Those discussions revealed that there was already a significant alignment between the priorities of the two services and following the preparation of a full business case it was now proposed, as detailed in Report EES/17/2 and the full business case and appraisals referred to therein, that the current shared service arrangement be extended to also include Torbay Council, providing a more robust service across the County with greater economies of scale. The Cabinet Member for Community and Environmental Services confirmed that exploratory discussions were being also held with other Councils  along similar lines.

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.  That Assessment recognised the positive impact of the Strategy and that no detriment would arise from the proposed changes 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, environmental, 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 Croad, SECONDED by Councillor Hart, and

RESOLVED

(a) that approval be given to the proposed extension of the current shared service arrangement with Somerset County Council (approved pursuant to Minute 200 of the County Council 24 April 2013) for delivery of the Trading  ...  view the full minutes text for item 164.

Report of the Chief Officer for Highways, Infrastructure Development and Waste  (HIW/17/14) seeking approval to changes to discretionary payments to Community Composting Groups, the Household Waste Recycling Centres Chargeable Waste Scheme, Trailer Restrictions and Non-acceptable Waste Policy, attached.  

(Councillors Brazil, Dewhirst, Hook, Julian, Westlake and Wright 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 and Waste (HIW/17/14) seeking approval to changes to the Household Waste Recycling Centres Chargeable Waste Scheme, Trailer Restrictions and Non-acceptable Waste Policy and to discretionary payments to Community Composting Groups.

The Report summarised the responses received to a recent public consultation on those issues and on the subsequent proposals now submitted to change charges for materials received at the Household Waste Recycling Centres and vary the level of recycling credit paid to Community Composting groups: issues raised by Members of the Council during consideration and setting of the Council’s budget for 2017/18.

Members noted that the policy revisions now proposed would enable non-statutory construction and demolition/DIY waste materials to be received at recycling centres for a reasonable charge while further restricting the potential for trade waste abuse at recycling centres; further the proposals would see, over time, the alignment of  the credit paid to community composting groups with the rate Devon paid  to its contractor for composting the same materials.

The Chief Officer’s Report also included reference to an Impact Assessment relating to the possible impacts of the proposal, which had made available previously for the attention of Members at this meeting in order that 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 recognised that no direct or unmanageable impacts had been identified.

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

RESOLVED

(a) that approval be given to the revisions to the Household Waste Recycling Centre policy summarised above and set out in section 3 of Report HIW/17/14, from 1 April 2017;

(b) that approval be also given to the recycling credit paid to Community Composting Groups being from £58/t to £50/t for all tonnages up to 500 tonnes per annum from April 2017 for one year, reducing further over the subsequent 2 years to the rate similar to that which the County Council pays to its contractor to enable Community Composting Groups to consider alternative sources of funding.

[NB: The Impact Assessment referred to above may be viewed alongside Minutes of this meeting and may also be available at:  http://new.devon.gov.uk/impact/].

Report of the Head of Planning, Environment & Transportation (PTE/17/15) seeking approval of Plans and Programmes for 2107/18, attached

(Councillors Brazil, 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 and Environment(PTE/17/15) (i) outlining progress with the delivery of the 2016/17 Action Plan and individual schemes contained therein and (ii) seeking approval to the proposed 2017/18 programme of £1,500,000 and the related action plan prepared in line with the Local Flood Risk Management Strategy for Devon (developed and approved previously following public consultation in April 2014) incorporating also a new grant scheme to support property level resilience matters.

In summarising the range of practical works and studies undertaken or commenced during 2016/17 (Appendix I to Report PTE/17/15) the Head of Service’s Report anticipated that the current year’s budget would be fully allocated. Moreover the demand upon the Council as Lead Local Flood Authority and statutory consultee in responding to local planning authorities for all major development had far exceeded expectations, with 550 responses required in 2015/16 and 750 to date in 2016/17 against an estimate of 400 applications per year.

Members noted and welcomed the fact that the works delivered by the  County Council and through continued partnership working with the Environment Agency and District Councils would benefit in excess of the 300 properties anticipated in the Plan.

Officers confirmed that, as normal, full consultations would take place on proposed schemes including residents, community groups, local Councils and Councillors and relevant risk management authorities. All schemes would necessarily be subject to relevant Impact and Environmental Assessments (alongside the Local Strategy) to ensure that due regard would be given to any environmental and equality matters and, in the case of the latter, to ensure 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. All schemes were necessarily designed to improve the protection afforded to properties and communities from flooding and was therefore axiomatic that such schemes would have positive beneficial effects not only in physical terms but also in  terms of and health and wellbeing.

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 approval be given to the implementation of the 2017/18 Programme and Flood Risk Management Action Plan and the Head of Planning, Transportation and Environment be authorised in consultation with the Cabinet Member for Highway Management and Flood Prevention to make any changes to the programme and related expenditure of less than £50,000.

[NB: A copy of the Devon Local Flood Risk Management Strategy and any Strategic Environmental Assessments and/or Impact Assessments will be available on the Council’s website at: www.devon.gov.uk/floodriskstrategy.

Report of the Head of Planning, Transportation & Environment (PTE/17/16) on the proposed  allocations within the programme for 2017/18,attached.     

(Councillors Brazil, Dewhirst, 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/17/16) seeking approval to the Transport Capital Programme for 2017/18 (excluding maintenance) and incorporating a revised, updated, Transport Infrastructure Plan outlining the  transport infrastructure priorities for investment over the longer term, to 2030.

The focus of the 2017/18 Transport Capital Programme continued to be to maximise the use of County Council core funding to attract external funding and included further investment in new cycle and walking routes, both in terms of new construction and preparing the next group of schemes for funding bids. The Cabinet Member highlighted, in particular, £1,000,000 of National Productivity Investment fund for urban cycle routes including key routes in both Exeter and Newton Abbot, reiterating that investment would  continue in a range of new cycling facilities as well as routes including new cycle parking in towns, schools and employment sites. He also drew attention to the £1,500,000 revenue based Access Fund awarded to the County Council over the next three years. This would provide the necessary support tools to complement past and future investment in infrastructure.

The proposed Transport Infrastructure Plan (TIP) outlined the planned investment in transport infrastructure across Devon for the period 2014 to 2030 focussing on schemes that would deliver economic growth, guiding the focus and prioritisation of resources within the Council and providing longer term clarity on future transport infrastructure delivery. 

The Cabinet also noted a report of recent discussions between the Cabinet Member for Economy and Growth and the relevant Minister of State about railway infrastructure in Devon during which the latter recognised the needs of the area intimating also that a further announcement would be made later in the year.  Network Rail were similarly progressing detailed design work for a number of schemes in the county to improve the resilience of the existing network.

The Head of Service’s Report confirmed that a full Equality Impact Assessment had been completed as part of the original base Transport Capital Programme in 2014 and that detailed individual assessments and Environmental Assessments, as necessary, would be undertaken  for relevant schemes as they progressed and be brought forward for attention of Members at the appropriate time.       

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

(a) that approval be given to the enhancement of the 2017/18 capital programme by £4,607,000 from external and developer contributions and £4,000,000 of external grants;

(b) that approval be given to the allocation of £312,000 of the enhancement referred to at (a) to enable schemes to proceed in advance of full funding being received;

(c) that approval be given to the detailed  ...  view the full minutes text for item 167.

(a)        Public Health Nursing Services

Report of the Chief Officer for Communities, Public Health, Environment and Prosperity on the procurement of public health nursing services,attached.

(b)        Re-procurement of Integrated Children’s Services

Report of the Chief Officer for Children’s Services (CS/17/13) on the process for a procurement exercise for new contract/arrangements for commissioning of children's social care services,attached 

The Cabinet’s attention is also drawn to the Report of the People’s Scrutiny Committee’s Spotlight Task Group (CS/17/11) on the above, attached.

The Cabinet considered the Report of the Chief Officer for Communities, Public Health, Environment and Prosperity on the procurement of public health nursing services and the Report of the Chief Officer for Children’s Services (CS/17/13) on the commissioning of integrated children's social care services.

The Cabinet also had regard to the Report of the People’s Scrutiny Committee’s Spotlight Task Group (CS/17/11) looking, in particular, at the future options for the provision of public health nursing services, which had favoured Option 3 namely bringing the service back ‘in-house’.

The Cabinet had previously acknowledged that in respect of existing services,  Commissioning Partners were committed to continuing strong working arrangements both as a commissioning partnership for children, young people and families and as part of the Devon Children, Young People and Families Alliance. 

Further and specifically relating to:

(a) Public Health Nursing Services

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

The Report of the Chief Officer for Communities, Public Health, Environment and Prosperity outlined the results of the consultation previously authorised by Cabinet before any determination of future arrangements, in line especially with the following options:

·          negotiating a 12 month interim contract(s) for the provision of children’s services to allow for a full procurement with a contract start date of 1 April 2019 incorporating 0-19 Public Health Nursing Services;

·          proceeding with independent procurement of 0-19 Public Health Nursing services; or

·          transferring the 0-19 Public Health Nursing Service to Devon County Council from 1 April 2018, under the management of the Director of Public Health (as the statutory Director) until such time as strategic discussions on the configuration of children’s services were complete and a decision made on future commissioning/provision arrangements.

While, at that time, it had not been anticipated there would be any need for substantive changes in service provision as a result of any of the above options the Cabinet had nonetheless endorsed the approach outlined above (and set out more fully in Report CS/17/6) in the interests of openness and transparency, to ensure the County Council determined the means of providing those services for which it was responsible.

As set out in the Chef Officer’s Report now submitted, Members noted that the consultation on the procurement of public health nursing services had revealed a clear majority among public, users, staff and practitioners for Option 1 above.  Further, and following those considerations and having regard to a subsequent review of all the facts (including the views of the Spotlight Task Group referred to above) the revised risk assessment and the importance of ensuring that local services were commissioned in accordance with a shared strategic approach, the Cabinet was now recommended to adopt Option 1. Members acknowledged that while that this option might not offer the greatest financial certainty for Public Health Devon, the continued benefits of working together with partners and maintaining a period of stability for a further year would provide the opportunity to plan  ...  view the full minutes text for item 168.

Report of the County Treasurer (CT/17/20) on the position at Month 10, attached.

(Councillors Brazil, Hannan, Hook, 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/17/20) on the financial position at Month 10 and outlining areas of specific pressures on budgets, potential under- and over-spendings in the current financial year and management action being taken where individual budget lines were experiencing pressures.  

The Cabinet noted that, overall, the forecast for revenue spending at year-end now showed an overspend of £6,200,000, a decrease of £1,900,000 over the position at Month 8. However, were the New Burdens Resilience Budget to be applied - as previously considered by the Cabinet - then there would be a net underspend of £1,000,000.

The latest projections showed net reductions in the projected underspends for Adult Social Care and Children’s Social Work and Child Protection. The projected overspend for Education and Learning had increased due largely to school transport costs. Place and Corporate Services budgets continued to show year-end underspends although a cautionary note had, necessarily, to be struck in respect of Place Services with the potential for further bad weather events and winter emergencies.

In relation to capital expenditure, spending was estimated at £140,500,000 with slippage of £25,600,000 in a number of schemes including Marsh Barton Railway Station, Roundswell (Phase 2), Tithebarn Link and the South Devon Highway.

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 that the position based on Month 10 and actions being taken to balance budget pressures be noted.

Report of the County Solicitor (CS/17/16) on the Notices of Motion referred to the Cabinet by the County Council on 16 February 2017, 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. 

(a)        European Union Habitats Regulations (Councillor Wright)  

The following Notice of Motion submitted to the County Council by Councillor Wright 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 is home to many scarce and threatened habitats such as our ancient woodlands, rivers and wetlands, upland blanket bogs, lowland heaths, Culm grasslands and our stunning coast and marine environments. These support a myriad of species with internationally important populations of marsh fritillary butterflies, greater horseshoe bats, otters, overwintering waders and marine creatures including whales, dolphins and basking shark.

European Union Habitats Regulations protection of land and seascapes such as the pebblebed heaths in East Devon, large swathes of Dartmoor and Exmoor, the Exe and Tamar Estuaries and Lundy Island have meant that  wildlife has flourished over the years and has ensured that these places remain crucial international strongholds.

The latest State of Nature report published last October found that the UK has experienced huge losses of habitat and wildlife, and 15 per cent of those studied are threatened with extinction.

Leaving the European Union puts at risk all of these protections - and the Government has not yet promised to retain the same level of protections that currently exist under EU legislation.

This Council recognises the huge importance of these rich landscapes for people and wildlife in Devon – and calls upon the Secretary of State for the Environment to support the Environmental Audit Committee, as well as the coalition of wildlife and nature organisations, asking for retention of at least the same level of protection for our wildlife and environment, as takes place currently under EU law’.

The Mover of the Notice of Motion having acknowledged her 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 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 and 8, the County Council be recommended to endorse the Notice of Motion.

(b)        South West Local Enterprise Partnership – Chief Executive Pay (Councillor Connett)  

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:

‘At a time of huge reductions in Government funding for  ...  view the full minutes text for item 170.

The DASB Annual Report, which sets out the Board’s progress over the past year, the effectiveness of the adult safeguarding arrangements in place across Devon and its aims for the future, is attached for information and discussion. It will also be presented to the Health & Wellbeing Board and the People’s Scrutiny Committee on 9 and 20 March 2017 respectively.

Ms Siân Walker, Chairman of the Safeguarding Board, will attend to present the Annual Report and respond to any questions.

[NB: The DASB Annual Report may be viewed at:

https://new.devon.gov.uk/devonsafeguardingadultsboard/safeguarding-adults-board-information ]

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

The Cabinet received the Annual Report of the Devon Safeguarding Adults Board summarising the Board’s progress over the past year, the effectiveness of the adult safeguarding arrangements by partner organisations in place across Devon and its aims and objectives for the future.  The Annual Report would also be presented to the Health & Wellbeing Board and the People’s Scrutiny Committee on 9 and 20 March 2017 respectively.

Ms Siân Walker, Chairman of the Safeguarding Board attended and spoke at the invitation of the Cabinet to present the Board’s Annual Report and responded to questions on the Board’s Business Plan and the need to significantly reduce if not eradicate Modern Slavery and Human Trafficking.

[NB: The DASB Annual Report may be viewed at:

https://new.devon.gov.uk/devonsafeguardingadultsboard/safeguarding-adults-board-information ]

In accordance with the Council's Public Participation Rules, the Leader and/or relevant Cabinet Member would respond direct to a question on the Transport Infrastructure Plan from a Mr Walton who was not present at the meeting.

[NB: A copy of the question and answer is appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html]

(a)        Devon Authorities Strategic Waste Joint  Committee, 8 February 2017;

(b)        SACRE, 8 February 2017;

(c)        Devon and Exeter Rail Project Working Party  - 17 February 2017;

(d)        Farms Estate Committee – 22 February 2017.

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

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

RESOLVED that the Minutes of the following be noted and any recommendations to Cabinet therein be endorsed:

(a)        Devon Authorities Strategic Waste Joint  Committee, 8 February 2017;

(b)        SACRE, 8 February 2017;

(c)        Devon and Exeter Rail Project Working Party  - 17 February 2017;

(d)        Farms Estate Committee – 22 February 2017.

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

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 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)