Agenda and minutes

COUNCILLOR CLATWORTHY IN THE CHAIR

Minutes of the meeting held on 12 July 2017 (previously circulated).

RESOLVED that the minutes of the meeting held on 12 July 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 Vice-Chairman welcomed Mrs. Saltmarsh 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 Deputy Leader and/or relevant Cabinet Member responded to 5 questions from Members of the Council on rail links to London, the North Devon Link Road, Flood Defence Works, the Review of Defence Establishments in Devon and public sector funding, responding also orally to supplementary questions 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]

Report of the Head of Planning, Transportation and Environment (PTE/17/47) seeking approval to high priority schemes within the School’s Basic Need Capital Investment Proposals for the 2018/19 Academic Year, attached.

(Councillors Biederman, Colthorpe, Connett and Hannaford 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/17/47) seeking approval to the inclusion within the School’s Basic Need Capital Investment Proposals of three high priority schemes planned for the new academic year (2018/19), in advance of the determination of the Council’s budget in February 2018.

The Education Infrastructure Plan 2016 - 2033 previously adopted by the Cabinet (Minute*86/12 October 2016) set out an investment programme to ensure the County Council could meet its statutory responsibilities in respect of the supply of sufficient pupil places, re-affirming the Council’s aspiration to provide ‘local schools’ for ‘local children’. 

The Head of Service now commended to Cabinet the proposals set out in full at Appendix A to Report PTE/17/47 (which aligned directly to the Education Infrastructure Plan and the need for detailed individual infrastructure needs and timescales) for three schemes for a New Primary School in Okehampton, a New Primary School in Barnstaple and additional Special Educational Need places at Charleton Lodge, Tiverton.

The Cabinet Member for Children’s Services and Schools reported that the Local Member for Okehampton Rural was supportive of the proposals in his ward.

The Head of Service’s Report referred to the Impact Assessments prepared (i) in October 2016 in relation to the aforementioned Education Infrastructure Plan and (ii) to that for new schools, which were underpinned by the principle of access to local education and ensuring communities, where possible, were able to access inclusive provision. 

Those Assessments recognised the need for every child to have fair access to schools providing the highest standards of teaching, acknowledging that the process would conform with the requirements of the Council’s Education Infrastructure Plan and the Department for Education Guidance for Proposers and Decision Makers and that there were sufficient school places in the order to accommodate any displaced pupils. The transport and travel needs of any such pupil would be fully assessed in accordance with the Council’s Environmental and School Transport policies.  The Cabinet further noted that the detailed proposal for Charleton Lodge, when developed, would require a new impact assessment.

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

RESOLVED

(a) that approval be given to the increase in the aforementioned projects detailed more fully at Appendix A to Report PTE/17/47;

(b) that approval be given to increasing the 2017/18 Planning Transportation & Environment Capital Programme by £651,957 funded by developer section 106 contributions;

(c) that approval be also given to the allocation of £8,763,342 from the unallocated Basic Need funding in the 2018/19 programme to support the proposals in Appendix A to Report PTE/17/47; and

(d) that Cabinet acknowledge that  ...  view the full minutes text for item 47.

Report of the Head of Planning, Transportation and Environment (PTE/17/46) seeking scheme and estimate approval for the East-West Cycle Route, to provide a high quality walking and cycling route along Ashburton Road, Newton Abbot,attached.     

(Councillors Biederman, Connett, Dewhirst, Hannaford and Hook 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/17/46) seeking scheme and estimate approval for the Newton Abbot (East-West) Cycle Route.

The scheme now proposed countenanced a shared use path to provide a high quality walking and cycling route along Ashburton Road, Newton Abbot, forming part of an extended, sustainable, transport corridor connecting existing and planned housing developments to the secondary schools, the railway station, local amenities, the Town Centre and the rest of the Town’s cycle network. The overview of the design was outlined at Appendix 1 to the report.

The Cabinet noted that Teignbridge District Council would be contributing to the cost of the scheme through the Community Infrastructure Levy in addition to s106 contributions from developers and further outlined the consultations that had taken place with Teignbridge District Council, Local Members and also residents.

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 recognised that not only would the proposal contribute to reducing congestion but it would have a positive effect by providing improved, more accessible, routes for cyclists and non-motorised users, enable easier access for pedestrians to and across side roads, offer safer routes for young people attending schools in the vicinity, including access to public transport links, enable disadvantaged groups to gain access to training and employment opportunities, enable people of all ages to enjoy being active for leisure and sport, improve access to help people better connect with their communities and engage in social activities, contribute to physical and mental health and wellbeing among the older population by providing an active means of independent mobility and help tackle health problems, such as those associated with obesity and air quality.

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

RESOLVED

(a) that approval be given to the construction of the scheme shown on Plan number BB2300384 REV1 in Appendix to Report PTE/17/46 at an estimated cost of £1,450,000;

(b) that the Head of Planning, Transportation and Environment be authorised, in consultation with the Cabinet Member for Highway Management and local County Councillor, to approve minor changes to the scheme design.

[NB: The Impact Assessment referred to above may be viewed at:  http://new.devon.gov.uk/impact/].

Report of the Head of Planning, Transportation and Environment (PTE/17/48) seeking scheme and estimate approval for this scheme and authority to advertise the necessary Traffic Orders, attached.

(Councillors Biederman, Connett and Hannaford 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/17/48) seeking scheme and estimate approval for the construction of a new footpath serving Tiverton Parkway Station and surrounding area to improve access to the station, to which Great Western Railway had contributed £100,000. The Head of Service also sought authority to advertise the necessary Traffic Orders.

The proposed scheme detailed in the Head of Service’s Report would provide: a footway Link from the Station to Sampford Peverell, two new bus stops along Lower Town to provide sustainable connectivity with the footway, new street lighting from the recently extended station car park along the access road to the station and along the C105 Lower Town between Whitnage Road and Ayshmeade Lodge, improvements to the National Cycle Network (C105 - Lower Town to the west of Ayshmeade), a surface course to the off-road cycle route between C105 Lower Town and the route along the Grand Western Canal, a reduced speed limit of 30mph along the length of the new lighting and existing parking restrictions along the road to the railway station being extended to include Saturday and Sunday.  Cyclists would necessarily benefit from the street lighting, the crossing of the C105 Lower Town and the improved surface on the connecting link to the Grand Western Canal.

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 unmanageable impacts had been identified: the design of the scheme had considered the needs of all road users and significantly improved access to the station for those without a car.

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

RESOLVED

(a)that approval be given to the construction of the Tiverton Pathway footpath and cycle/bus stops scheme as shown on drawing C16008/12 at Appendix 1 to Report PTE/17/48 at an estimated cost of £325,000;

(b) that approval be given to advertise any required Traffic Regulation Orders and if no objections are received, to the Orders being made and sealed;

(c) that the Head of Planning, Transportation and Environment be authorised, in consultation with the Cabinet Member for Highway Management and the local County Councillor, to make minor amendments to  ...  view the full minutes text for item 49.

Report of the Head of Planning, Transportation and Environment (PTE/17/49) seeking scheme and estimate approval  to the construction of Phase 1 of the E4 Cycle Route, a two-way cycle track on Cumberland Way and Pinhoe Road, Exeter (between Hollow Lane and Pilton Lane) with raised crossings for pedestrians and cyclists on road humps at side roads, previously considered by the Exeter HATOC,  attached.

(Councillors Biederman, Connett and Hannaford 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/17/49) seeking scheme and estimate approval to the construction of Phase 1 of the E4 Cycle Route, a two-way cycle track on Cumberland Way (between Hollow Lane and Pilton Lane) and Pinhoe Road, Exeter, with raised crossings for pedestrians and cyclists on road humps at side roads, previously approved by both the Exeter HATOC and the Cabinet.  

Members noted that this would be the first of the Exeter strategic cycle routes to be constructed, providing a new class of cycle facility in Exeter and Devon. It would continue the development of Exeter’s strategic cycle network, giving priority to the E3, through Heavitree to the City Centre, and E4 routes.  The E4 route would connect the east of Exeter, an area of growth and development, with the University. The scheme would be a bi-directional cycle track, segregated from pedestrians and vehicles, and Cabinet noted that the National Productivity Investment Fund and developer contributions were funding the construction of this section of the route.

The Cabinet noted that a special meeting of the HATOC provisionally set for 12 September 2017 (HATOC Minute 14/4 July 2017) to consider the outcome of consultations which had ended on 1 September 2017 had been cancelled as no longer being necessary given there had been no objections to the proposals during the three week consultation period.

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 recognised that not only would the proposal contribute to reducing congestion but it would have a positive effect by providing improved, more accessible routes for cyclists and non-motorised users, enable easier access for pedestrians to and across side roads, offer safer routes for young people attending schools in the vicinity, enable disadvantaged groups to gain access to training and employment opportunities, enable people of all ages to enjoy being active for leisure and sport, improve access to help people better connect with their communities and engage in social activities, contribute to physical and mental health and wellbeing among the older population by providing an active means of independent mobility and help tackle health problems, such as those associated with obesity.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental impacts, 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,  ...  view the full minutes text for item 50.

Report of the County Treasurer (CT/17/20)  on the position at Month 4, attached.

(Councillors Biederman, Connett, Dewhirst and Hannaford 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 4 outlining areas of specific pressures on budgets, potential under and overspendings in the current financial year and on the management action being taken where individual budget lines were experiencing pressures.  

The Cabinet noted that, overall, an underspend of £1,996,000 was forecast for the year-end acknowledging the need for caution in various service areas over the possible impact of winter pressures.

The forecast for Adult Care and Health indicated an underspend of £3.772m, allowing for £1.936m of management action to be achieved, arising in the main from better contract negotiation and demand management and the recently agreed Promoting Independence policy.  Adult Commissioning and Health was expected to show an underspend of £296,000 from temporary vacancy savings in the commissioning teams. The Learning Disability Service continued to be an area of concern due to increasing numbers of packages and the service still faced other risks such as the impact of the pending HMRC action regarding the National Living Wage compliance for ‘sleep-in’ night shifts and winter pressures.

Children’s Services was forecasting an overspend of £1.643m due again to increasing number of placements within the independent sector and difficulties in securing “step down” from independent residential care through lack of alternative placements. Disabled children’s services were also looking at an overspend of £716,000 on children in need short breaks.  These overspends would be partially offset by vacancy management, lower legal disbursement and other minor variations which with other savings would reduce that current overspend.  The non DSG element of Education and Learning was likely to overspend (on personalised transport and the unplanned Special Educational Needs (SEN) contract cost increases) as was DSG spending on High Needs with a continuing upward trend across SEN provision in numbers and cost. 

The Secretary of State had recently announced increased funding for Education of £1.3 billion which, it was anticipated, would include an increase to High Needs funding.  Further detail on that level of funding should be known in September and it was assumed that any overspend in this area would not therefore impact on the general fund.

Highways, Infrastructure Development and Waste services were showing a breakeven position, acknowledging the potential for winter pressures and Communities, Public Health, Environment and Prosperity was showing a forecast overspend of £133,000 and Corporate Services were also forecasting a breakeven position.

In relation to capital expenditure, the approved programme was £154,500,000 with a year-end forecast of £140.5m and slippage of £14m (arising from the projects for Marsh Barton station, Newcourt Station, South Devon Highway and a number of School expansion projects).

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 Hughes, and

RESOLVED that the position  ...  view the full minutes text for item 51.

In considering the outcome of a site visit by Members of the South Hams HATOC relating to the proposed introduction of a 20mph speed restriction through Marldon and Compton and having been reminded that the Cabinet had previously refused a request for a departure from Council Policy in light of Governments’ advice on 20mph speed limits and the subsequent review of County Council’s policy on local speed limits the HATOC had nonetheless expressed its  disappointment at the continued delay for this study and resolved (Minute 36) ‘that Officers be asked to meet with Parish Council representatives to consider a scheme or schemes that would allow the extension of existing 20mph zone, notwithstanding the request for a Zebra Crossing that might form part of these proposals; and Members express their disquiet at the continued delays of the Government’s review of 20mph speed limits and ask Cabinet to make appropriate representations to the Department for Transport’ .  

Recommendation: that the HATOCs views be noted and further representations be made to Government reaffirming the County’s desire that the Report is shared at the earliest convenience and at the least the stated timeline must be maintained so that the Report is published in early 2018.

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

The Cabinet noted that, in considering the outcome of a site visit by Members of the South Hams HATOC relating to the possible introduction of a 20mph speed restriction through Marldon and Compton - and that Committee having been reminded that the Cabinet had previously refused a request for a departure from Council Policy (in light of Governments’ advice on 20mph speed limits and the subsequent review of County Council’s policy on local speed limits) -  the HATOC had expressed its disappointment at the continued delay for this study and had (c) resolved (Minute 36) ‘that Officers be asked to meet with Parish Council representatives to consider a scheme or schemes that would allow the extension of existing 20mph zone, notwithstanding the request for a Zebra Crossing that might form part of these proposals; and Members express their disquiet at the continued delays of the Government’s review of 20mph speed limits and ask Cabinet to make appropriate representations to the Department for Transport’ .   

The Cabinet Member advised that, as previously indicated in his response to a question from Councillor Hook at the County Council on the 8 December 2016 “the 20mph research project is continuing to make progress and has been extended to the end of 2017 to allow for an additional year of accident data to be included, strengthening the evidence base being considered. The final report will be published in early 2018”, as had been reaffirmed in correspondence with the DfT in August; it would appear that their stated timeline was being maintained.

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

RESOLVED that the HATOCs views be noted and further representations be made to Government reaffirming the County’s desire that the Report is shared at the earliest convenience and, at the least, the stated timeline be maintained so that the Report is published in early 2018.

The Cabinet noted that in considering and endorsing the Report of the Acting Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/63), the Teignbridge HATOC on 13 July 2017 (Minute 40) resolved that ‘(d) that the Cabinet be asked to approve, as a departure from policy, the extension of  the 30mph restriction to a position south east of the junction with Twickenham Road, a distance of approximately 425 metres’.

Recommendation: that a departure from policy be not be approved.

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

The Cabinet noted that, in considering the Report of the Acting Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/63), the Teignbridge HATOC on 13 July 2017 (Minute 40) had resolved that ‘(d) that the Cabinet be asked to approve, as a departure from policy, the extension of the 30mph restriction to a position south east of the junction with Twickenham Road, a distance of approximately 425 metres’.

In light of recent changes in and around Twickenham Road (e.g. the opening of the South Devon Highway) and the time lapse since the Cabinet Member for Highway Management last visited that site, it was MOVED by Councillor Hughes, SECONDED by Councillor Davis, and

RESOLVED that consideration of this matter be deferred to a future meeting, pending a site visit to the location.

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to a question from a member of the public on fuel poverty.

The Cabinet Member also responded orally to supplementary questions arising from the above.  

[NB: A copy of the question and answer is appended to these minutes and is 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 Solicitor (CSO/17/24) 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 (CSO/17/24) 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 Officers to facilitate the Cabinet’s discussion of each Notice of Motion. 

(a) Outturn Surplus and Re-allocation of Funds (Councillor Greenslade)

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

‘(1) that the County Council notes that earmarked reserves at outturn for 2016/17, excluding carry forwards, increased in year by £15,299 m with no spending being made against the reserves for budget management, business rates risk, emergency, and on street parking in 2016/17.

Accordingly County Council agrees to compensate all school budgets, which had suffered a £33 per pupil cut in 2017/18, by the equivalent of the loss in their budgets consequent upon this decision taken in setting the County Council’s budget for 2017/18.

The cost of this action, approx £2.2m, be met from the earmarked reserve for budget management.

(2) that the County Council organises a round table at which representatives of the Devon schools community debate with all the MP’s representing new Devon the issue of future school funding including a revised schools funding formula.’

The Mover of the Notice of Motion having spoken seeking the Cabinet’s support for the course of action proposed, therelevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members’ willingness to endorse the underlying principles therein and his support for the recommendation now before the Cabinet, 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 McInnes, SECONDED by Councillor Clatworthy, and

RESOLVED

(i)that in light of the actions already undertaken and taken by Cabinet Members, Officers and the wider education community to secure fairer funding for schools, outlined in Report CSO/17/24, the County Council be recommended to take no further action on the Notice of Motion;

(ii)that the Council continue to work with the f40 Group (which represents the lowest funded local authorities) to secure fairer funding for education.

(b) Police & Crime Commissioner (Councillor Dewhirst)

(Councillor Greenslade declared a personal interest in this matter by virtue of his son in law being a serving police officer).

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

‘Devon County Council is extremely alarmed at the proposal by the Police and Crime Commissioner, Alison Hernandez, to drastically reduce the number of PCSOs, the eyes and ears of the force.   At a recent consultation by South Devon and Dartmoor Community Safety Partnership, Neighbourhood Watch Co-ordinators, Parish, Town and Borough Councillors, District Councillors and County Councillors  ...  view the full minutes text for item 55.

Minutes of the bodies shown below are circulated herewith for information or endorsement as indicated therein:

(a) SACRE - 7 June 2017, attached;

(b) Farms Estates Committee – 22 June 2017; attached;

(c) Devon & Exeter Rail Working Party – 14 July 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 Clatworthy, SECONDED by Councillor Hughes, and

RESOLVED

(a) that the Minutes of the following be noted:

·         SACRE 7, June 2017;

·         Farms Estates Committee,  22 June 2017;

·         Devon & Exeter Rail Working Party, 14 July 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)