Agenda, decisions and minutes

Minutes of the meeting held on 13 October 2021 (previously circulated).

RESOLVED that the minutes of the meeting held on 13 October 2021 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 13 October 2021 be signed as a correct record.

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

There was no item raised as a matter of urgency.

There was no announcement by the Chair at this meeting.

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 Executive, (CEX/21/1) outlining the Council’s Vision, Ambition and Priorities: the Strategy for 2021 – 2025, attached.

RESOLVED

(a) that the Council’s vision, ambition, and priorities for 2021 – 2025 as set out on the webpages at Devon County Council Strategic Plan 2021-2025

(https://beta.devon.gov.uk/devoncc-plan/) be endorsed; and

(b) that the preparation and publication of an annual Council plan and progress report also be agreed.

(Councillors Connett, Hannaford and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Chief Executive, (CEX/21/1) outlining the Council’s Vision, Ambition and Priorities; the Strategy for 2021 – 2025, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Covid-19 pandemic had presented Local Government with new and unprecedented challenges and the Council had worked as part of Team Devon over the last 18 months to address widening gaps in income, health, and opportunity in the County. Against this backdrop, it was important that local public services maximised opportunities to provide the best outcomes for Devon which meant finding sustainable ways to support the health and wellbeing of everyone in Devon; strengthening the local economy; protecting and enhancing the environment; and providing value for money for the taxpayer.

Cabinet noted that over the next four years, the Council would be focussing on recovery and renewal and the priorities had therefore been developed to help Devon achieve the overall ambition to become the best place to:

·         Grow up - a commitment to being a child friendly Devon where children / young people were safe, healthy, ambitious, and could fulfil their potential.

·         Live well - being a fairer Devon: inclusive, compassionate, and caring, where everyone was safe, connected, and resilient.

·         Prosper - being a greener and prosperous Devon, with opportunities to create a sustainable future for all.

The vision, ambition and priorities for the next four years were set out on the web pages https://beta.devon.gov.uk/devoncc-plan/ and detailed the following priorities:

·         respond to the climate emergency;

·         be ambitious for children and young people;

·         support sustainable economic recovery;

·         tackle poverty and inequality;

·         improve health and wellbeing; and

·         help communities be safe, connected, and resilient.

For each of the priorities, the pages described the overall outcomes that would be achieved over the next four years.

The webpages also set out how the Council would be a trusted council, an inclusive council, and an innovative council.

Further development was needed to translate the priorities into an annual plan and progress report for each of the next four years. The annual plans would also inform the development of the Council’s annual budget; its medium-term financial strategy; service planning and partnership working as part of Team Devon.

The Cabinet noted that the Council’s priorities for 2021 – 2025 would have a positive impact on everyone living and working in Devon and the extent of the impact on each protected characteristic would be set out in Equality Impact Assessments for each area of work.

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

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

RESOLVED

(a) that the  ...  view the full minutes text for item 68.

Report of the Director of Finance (Designate), (DF/21/01) outlining the Budget Monitoring Position at Month 6, attached.

RESOLVED

(a) that the month 6 budget monitoring forecast position be noted;

(b) that progress on the delivery of the Dedicated Schools Grant Management Plan be noted; and

(c) that the main points from the Spending Review 2021 also be noted.

(Councillors Connett, Hannaford, Whitton and Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Director of Finance (Designate), (DF/21/01) outlining the Budget Monitoring Position at Month 6, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

At month 6 it was estimated that budgets would overspend by just over £7 million, a reduction of £300,000 from month 4. The Dedicated Schools Grant projected deficit, relating to Special Educational Needs and Disabilities (SEND), was forecast to be £36 million, however, in line with the Department of Education guidance the deficit would not be dealt with this financial year but carried forward to future years.

The Government had continued to provide a number of grant funding streams this year to help support Local Authorities during the pandemic. The confirmed additional funding the Council was expected to receive directly this financial year was currently £36.6 million, in addition to the £25.6 million carried forward from 2020/21.

Adult Care and Health services were forecast to overspend by £5.2 million, a reduction of £237,000 from month 4. Children’s services were forecasting an overspend of £7.3 million, an increase of £500,000 from month 4, but the figure did not include the projected deficit of £36 million on Special Education Needs and Disabilities (SEND).  This was held in an adjustment account on the balance sheet. The guidance outlined in a Statutory Instrument meant that the deficit did not have a negative impact on the assessment of the Councils financial sustainability. At the end of 2020/21 the DSG reported a cumulative deficit of £48.9 million which was carried forward and when combined with the current year forecast the deficit was expected to be £84.9 million by the end of 2021/22.

In Highways, Infrastructure Development and Waste, the service was forecasting an underspend of £214,000 which was the result of additional income within the Engineering, Design Group.

Communities, Public Health, Environment and Prosperity (COPHEP) were forecasting an underspend of £1.2 million. The transport fleet had incurred lower fuel and maintenance costs than budgeted, the County Hall travel plan remained on hold following the pandemic and a number of programmes (Communities) had faced significant delays.

Corporate Services were forecasting an underspend of £684,000 where pressures within Legal and Human Resources were being more than offset by the forecast underspends within Digital Transformation and Business support.

The approved capital programme for the Council was £217.8 million. The year-end forecast at month 6 was £191.3 million of which £26.5 million had been externally funded. Slippage was forecast at £16.7 million. The main areas of net slippage could be attributed to scheme variations and programme delays in Planning, Transportation and Environment, which reflected the complexity of the major schemes within this service area.

The Chancellor of the Exchequer, Rishi Sunak, presented the Spending Review on the 27^th October which saw a return to a multi-year  ...  view the full minutes text for item 69.

(Item to be taken in accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 with the consent of the relevant Scrutiny Committee Chair on the grounds that any delay would mean the Building Decarbonisation Scheme works may not be completed to the grant timescale, and the Council may miss out on grant funding that will support it meeting its carbon reduction targets)

Report of the Head of Planning, Transportation and Environment (PTE/21/39) on proposals to deliver retrofit decarbonisation enhancements to four corporate estate buildings to deliver carbon, energy, and cost reductions, attached.

An Impact Assessment is also attached for the attention of Members at the meeting.

RESOLVED

(a) that the £3.3m capital spend on the energy-efficiency retrofit of four

corporate buildings be approved, made up of the Government Grant from Public Sector Decarbonisation Scheme of £2.1m and the Council’s Carbon Reduction Plan of £1.2m; and

(b) that the scheme for progression to construction be approved and delegated authority is given to the Head of Planning, Transportation and Environment, in consultation with the Cabinet Member for Climate Change, Environment and Transport, to make minor amendments to the scheme details.

(Item taken in accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 with the consent of the relevant Scrutiny Committee Chair on the grounds that any delay would mean the Building Decarbonisation Scheme works may not be completed to the grant timescale, and the Council may miss out on grant funding that will support it meeting its carbon reduction targets)

(Councillors Connett, Hannaford, Whitton and Wrigley 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/21/39) on proposals to deliver retrofit decarbonisation enhancements to four corporate estate buildings.

The Cabinet noted that the Council had secured funding from the Government’s Public Sector Decarbonisation Scheme (PSDS) to retrofit corporate estate buildings to deliver carbon, energy, and cost reductions. Additional “top up” funding was required from the Council in order to meet the necessary standards.

A scheme had been developed to use existing DCC capital, provisionally allocated to the Carbon Reduction Plan, as a local contribution, in order to top-up additional PSDS funds to deliver the retrofit of the Great Moor House, Abbey Rise, St Michaels and Taw View buildings to the required standard.

This would exceed the Carbon Reduction Plan targets for the corporate estate as set out in the Carbon Reduction Plan by 2030. The recommendation reflected the Authority’s recognition that emissions must be reduced rapidly.

The works would be carried out while the buildings were occupied and generally consisted of the installation of insulation to building fabric, mechanical ventilation with heat recovery, LED lighting, building management systems, solar panels, and air source heat pumps. There would be some anticipated disruption, but this would be mitigated as far as possible.

The programme for the works was due to start in November and be completed in 2022.

Section 6 of the Report outlined the project costs in relation to each building as well as the breakdown of the PSDS grant and DCC contribution.

The Head of Service’s Report contained an Impact Assessment which had been attached to the agenda for the attention of Members at the meeting which was available at Zero Carbon Buildings - Impact Assessment (devon.gov.uk). This highlighted that Climate change would affect everybody in the County, and would affect people less able to adapt the most, including those less affluent, those living with physical and mental health conditions, those living in coastal communities or areas prone to flooding and young people who would live with the effects becoming worse over their lifetimes.

Implementing the recommendation would help grow efforts to reduce

international carbon emissions and minimise these impacts on everyone and there were no equality impacts anticipated directly from the retrofit activity. The buildings would be monitored once retrofitted to understand the extent of the benefits and users’ experience of using the buildings.

The matter having been debated and / or alternatives the other relevant factors (e.g. financial, sustainability, including carbon impact, risk management, equality  ...  view the full minutes text for item 70.

Report of the Head of Education and Learning (CS/21/14) presenting the annual return on the sufficiency of accessible, affordable, high quality early years and childcare places, attached.

RESOLVED that the Childcare Sufficiency Assessment Annual Report be welcomed and endorsed and arrangements made for the Report to be published on the Council’s website and social media platforms.  

(Councillors 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 Education and Learning (CS/21/14) presenting the annual return on the sufficiency of accessible, affordable, high quality early years and childcare places.

It was a statutory duty for Local Authorities, set out in Section 6, of the 2006 Childcare Act, to secure sufficient, accessible, affordable, high quality early years and childcare places so far as is reasonably practicable and the Children and Families Act 2014 required that a Report be prepared annually for Members on how the Local Authority was meeting their duty.

The 2020/21 Childcare Sufficiency Annual Report was the eighth annual Report. Sufficiency was met through a variety of providers that included all types of schools, pre-schools, day nurseries, holiday clubs, breakfast clubs, after school clubs, childminders, etc.  These provisions were within the private, voluntary, independent, and maintained sectors.

The Report encapsulated key findings from data relating to 1 September 2020 to 31 August 2021 and actions for the Early Years and Childcare Service for 2021/22.

The data analysis indicated that overall, there appeared to be sufficient early years and childcare provision within Devon.  Although the rural/urban spread of different types of provision varied and Childcare Sufficiency Hot Spots had been identified.

The focus for next year would be regular audits of out of school provision to better understand what was available, carry out a travel to work survey with Exeter Providers to understand whether fewer children had been accessing provision on travel to work routes, monitor the impact of the COVID-19 pandemic on the supply of childcare including closure of providers and the demand for childcare as parents work patterns changed, promoting the services of the Early Years and Childcare Service including the unable to find childcare form to better understand the demand for childcare, introduce spotlight areas (and carry out a deep dive investigation into the supply and demand for childcare and consider other local factors and data that might have an impact), embed the new two-year-old funding process and monitor outcomes in registered childcare providers as Ofsted started to reinspect provision.

The actions arising from the Report were highlighted including that the Early Years and Childcare service would:

·         continue to assess sufficiency and identify hot spots through data analysis and discussion on the supply and demand of childcare.

·         support providers to open or expand businesses where appropriate.

·         continue the termly survey of providers to capture data regularly.

·         continue the data review of out of school provision to ensure the accuracy of the data held.

·         support providers through Early Years ONE Devon to become good or outstanding.

·         work with providers to build greater flexibility and affordability into their provision for parents, where provision was open all year round but did not enable parents to stretch their funding for two-, three- and four-year olds.

·         promote the take up of the entitlement and hours particularly for children with special educational needs and  ...  view the full minutes text for item 71.

At its meeting on 29 July 2021, the Teignbridge Highways and Traffic Orders Committee had considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/21/53) (Minute 7 referred) and RESOLVED (b) that the speed limit on this stretch of Shaldon Road referred to in Report (HIW/21/53) be reduced to 30mph in view of the dangers to adults and children using this road (noting this would be referred to Cabinet as a departure from policy).

The Cabinet had considered this referral on 8 September 2021 and the Cabinet Member for Highway Management had commented that the Council’s speed limit policy was based on the Department for Transport guidance and the speed limit of 40mph in the area was consistent with the approved speed limit policy. However, he added it would be helpful to virtually visit the site and the Cabinet therefore RESOLVED that the matter be deferred pending a virtual site visit to meet the Local Member and officers including the Road Safety Team.

The Cabinet Member with responsibility for Highway Management will report on a virtual site visit (scheduled for 4 November 2021).

RESOLVED

(a) that the speed limit remains at 40mph;

(b) that a review of visibility is undertaken from each of the junctions in this section and vegetation cutting undertaken where required;

(c) that a review of signing and road markings is undertaken and any changes or renewals identified is undertaken;

(d) that the situation be kept under review; and

(e) that the local Member explores setting up a specific Community Speed Watch group for the Shaldon Road area.

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

At its meeting on 29 July 2021, the Teignbridge Highways and Traffic Orders Committee had considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/21/53) (Minute 7 referred), and had RESOLVED (b) that the speed limit on this stretch of Shaldon Road referred to in Report (HIW/21/53) be reduced to 30mph in view of the dangers to adults and children using this road (noting this would be referred to Cabinet as a departure from policy).

The Cabinet had considered this referral on 8 September 2021 and the Cabinet Member for Highway Management had commented that the Council’s speed limit policy was based on the Department for Transport guidance and the speed limit of 40mph in the area was consistent with the approved speed limit policy. However, he added it would be helpful to virtually visit the site and the Cabinet therefore RESOLVED that the matter be deferred pending a virtual site visit to meet the Local Member and officers including the Road Safety Team.

The virtual site visit took place on 4 November 2021 and comprised of local Member, Councillor Bradford, neighbouring Member, Councillor Dewhirst, along with HATOC Chair, Councillor Wrigley, and the Cabinet Member for Highway Management, Councillor Hughes.  Elected Members were joined by representatives of the Traffic Management Team, Neighbourhood Highways Team, Road Safety Team, Head of Service and Police representative.

The group reviewed data relating to speed and recorded injury collisions and based on data, the view of officers was that the speed limit on the section of highway was correctly set and was a good example of a well functioning 40mph limit.

Members made clear that there remained concerns over driver behaviour and the safety of movements into and out of junctions on the section.

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

(a) that the speed limit remains at 40mph;

(b) that a review of visibility is undertaken from each of the junctions in this section and vegetation cutting undertaken where required;

(c) that a review of signing and road markings is undertaken and any changes or renewals identified is undertaken;

(d) that the situation be kept under review; and

(e) that the local Member explores setting up a specific Community Speed Watch group for the Shaldon Road area.

The following Notices of Motion submitted to the County Council by the following Councillors have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer it to another Committee or make a recommendation back to the Council:

(a) Supporting Devon Residents into Homes of Their Own (Councillor Connett)

(b) Devon’s Housing Crisis (Councillor Hannaford)

(c) School Uniform Costs (Councillor Hannaford)

(d) Bovine Tuberculosis, Badgers and Vaccination (Councillor Bradford)

(the motion relating to Divestment (Fossil Fuels and Local Government Pension Scheme) was referred by Council to the Investment and Pension Fund Committee to consider).

(Councillor Hart declared a personal interest in this matter (a and b) by virtue of being in the holiday home business. Councillor McInnes declared a personal interest in this matter (a and b) by virtue of holding a share in a rental property. Councillor Gilbert declared a personal interest in this matter (a and b) by virtue of being owner and landlord of various local affordable properties. Councillor Connett declared a personal interest in this matter (a and b) by virtue of being the owner of a rental property and Councillor Wrigley by virtue of being the portfolio holder for housing at Teignbridge District Council)

(a) Supporting Devon Residents into Homes of Their Own (Councillor Connett)

RESOLVED 

(a) that the County Council assess the potential for it to offer accommodation to new social and key workers to attract them to work for Devon County Council;

(b) that the County Council, as a member of Team Devon (Leaders and Chief Executives), propose to Team Devon that a Devon strategic housing taskforce be established to help draw together the work of existing pan-Devon housing partnerships and focus on tackling homelessness and improving the availability of affordable housing in Devon; and

(c) that the County Council, as a member of Team Devon (Leaders and Chief Executives), proposes to Team Devon that it write to Devon Members of Parliament asking them to support changes to legislation and policy to address the housing problems in Devon described in the Notices of Motion. Team Devon’s letter to MPs should propose strengthening the criteria on how a property becomes liable for Business Rates instead of Council Tax. Owners of these properties should have to show that they are commercially letting the property and not just declaring them available for rent.

(b) Devons Housing Crisis (Councillor Hannaford)

RESOLVED that it is recommended:

(a) that the County Council assess the potential for it to offer accommodation to new social and key workers to attract them to work for Devon County Council;

(b) that the County Council, as a member of Team Devon (Leaders and Chief Executives), propose to Team Devon that a Devon strategic housing taskforce be established to help draw together the work of existing pan-Devon housing partnerships and focus on tackling homelessness and improving the availability of affordable housing in Devon; and

(c) that the County Council, as a member of Team Devon (Leaders and Chief Executives), proposes to Team Devon that it write to Devon Members of Parliament asking them to support changes to legislation and policy to address the housing problems in Devon described in the Notices of Motion. Team Devon’s letter to MPs should propose strengthening the criteria on how a property becomes liable for Business Rates instead of Council Tax. Owners of these properties should have to show that they are commercially letting the property and not just declaring them available for rent.

(c) School Uniform Costs (Councillor Hannaford)

RESOLVED that Council support the issues as raised and outlined in the Notice of  ...  view the full decision text for item 73.

(Councillor Hart declared a personal interest in this matter (a and b) by virtue of being in the holiday home business. Councillor McInnes declared a personal interest in this matter (a and b) by virtue of holding a share in a rental property. Councillor Gilbert declared a personal interest in this matter (a and b) by virtue of being owner and landlord of various local affordable properties. Councillor Connett declared a personal interest in this matter (a and b) by virtue of being the owner of a rental property and Councillor Wrigley by virtue of being the portfolio holder for housing at Teignbridge District Council)

(a) Supporting Devon Residents into Homes of Their Own (Councillor Connett)

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

Devon County Council calls on the Government to:

1. End the tax dodge loop-hole of second home owners switching from Council Tax to Business Rates and then claiming ‘small business’ exemption, so they pay nothing at all.

2. To re-extend the notice period given to tenants to 6 months

3. Maintain the Local Housing Allowances at Covid-levels (plus cost-of-living increases) to support families into homes

and that the County Council will:

1.    Work with Devon's District, City and Borough councils to establish a 'housing taskforce' working across the county to tackle the flight to Air BnB and holiday rentals

2.    Support the provision of urgently needed rented housing on County owned land

Council welcomes the research undertaken by property agents Colliers and published in August 2021, which confirms:

Local authorities are losing out on millions of pounds of council tax income because the Government’s business rates system is still giving many holiday home and second home owners the opportunity to avoid paying the tax, provided they make their properties available to rent. This situation has been made even worse by the pandemic.

Colliers estimates the total loss to local authorities from business rates relief for holiday lets in England and Wales alone is currently around £110 million a year - a significant sum that could certainly help bridge the gap in local authority finances, now suffering because of the pandemic.

Property owners who make their properties available to rent as holiday lets for 140 days of the year can claim they are a small business and as such can elect to pay business rates instead of council tax.

However, as small businesses they can claim for relief on 100% of the business rates payable if their properties have a rateable value of less than £12,000. Those properties with a rateable value between £12,000 and £15,000 are also entitled to a relief on a sliding scale in line with the Government’s business rates relief policy.

Colliers has analysed the rating lists for the South West of England (Cornwall, Devon, Somerset and Dorset) where 9,600 new properties, claiming 100% business rates relief have entered the list in the last four years- an  ...  view the full minutes text for item 73.

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/21/68), summarising the progress made over the last twelve months on the review of DCC Speed Policy and Management following the Scrutiny Committee Speed Task Group (SCTG) report (June 2019), attached.

(Councillors Connett, Hannaford, Whitton and Wrigley 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/21/68) summarising the progress made over the last twelve months on the review of DCC Speed Policy and Management following the Scrutiny Committee Speed Task Group (SCTG) report (June 2019).

The Newton Abbot scheme had been in progress since September 2019 and was currently undergoing public engagement and consultation. The Working Group had proposed a comprehensive scheme covering the built-up area of the town including the town centre and some main roads, extending it beyond the original brief which had been to restrict it to residential areas.

The pilot scheme was intended to test whether introducing a default 20 mph Speed Limit (20SPL) would bring increased gains in road safety (reducing the number and severity of collisions), increased active travel and benefits to public health, reduced congestion and emissions and increased sense of public safety.

The scheme was a major project involving officers from the Traffic Orders and Policy Team, Road Safety, Communications Group, Data Collection, Public Health and Transportation as well as regular input from the Town Council, District Council, Fire Service and Police as well as external consultants.

Several working groups had been formed to manage data collection, the public consultation and design works and these met every two weeks, for example vehicle speed and type, turning movements and air quality.

It was expected that a final design for the Newton Abbot 20 would be developed ready for Advert before the end of the Calendar year with implementation of the scheme, subject to consultation, anticipated in spring 2022.

Whilst there had been delays in the data survey (impacts of Covid-19 and its effects on traffic) the scheme had already produced some benefits including knowledge and experience gained during the public engagement, data collection and design stages would help improve these stages and process for future schemes.

The update Report highlighted that the SCTG recommended to review the SCARF process to reflect changes made to the Road Safety Strategy and Speed Limits Policy, ensuring local communities had a meaningful and transparent say on proposed local schemes.

The Police had also reviewed Speed Watch to address organisational and logistical issues which had hindered implementation of new schemes. Additional resources had been made available and there was a welcome increase in schemes across Devon.

The ongoing adoption and implementation of Vision Zero had created an opportunity to take forward some of the SCTG recommendations and the Newton Abbot pilot scheme continued towards implementation and would inform a large part of future policy. Work would continue to develop initiatives for local communities to help themselves, including the production of a local speed management toolkit. The ongoing work with the police and neighbouring authorities would be continued with more joint initiatives, potentially through Vision Zero as well as other subgroups already established.

The matter having been debated, also noting  ...  view the full minutes text for item 74.

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to two questions from members of the public on the following issues:

·         RFR (Radio Frequency Radiation) as an issue affecting natural diversity and conservation and the steps of the Council to monitor the local ecological environment in terms of net zero policy and rollout of 5G and risk assessments of plans; and

·         energy consumption of 5G and how this had been factored into the Council's plans for emissions and Committee responsibility for assessing emissions, carbon and consumption of 4G, 5G and similar technologies;

A copy of the questions and answers would be sent direct to both questioners who were not present in the meeting.

(NB: A copy of the questions and answers are available on webpage for meeting)

Minutes of the bodies shown below are circulated herewith for information or endorsement as indicated therein (i.e. any unstarred minutes):

[NB: Minutes of County Council Committees are published on the Council’s Website:

Minutes of the Devon Education (Schools) Forum:  

Minutes of the South West Waste Partnership

Minutes of the Devon & Cornwall Police & Crime Panel

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

Devon Authorities Strategic Waste Committee - 14 October 2021

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

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

Devon Authorities Strategic Waste Committee - 14 October 2021

The Register of Decisions taken by Members under the urgency provisions or delegated powers is available on the website in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  The decisions taken and associated information can be found here.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers were available for inspection, in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. 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.

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.

The Forward Plan is available on the Council's website.

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.

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.

Recommendation: that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial and business affairs of the current provider of the services, and the Council disclosure of which is likely to inhibit the free and frank provision of advice and exchange of views for the purpose of deliberation or the effective conduct of public affairs.

RESOLVEDthat the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial and business affairs of the current provider of the services, and the Council disclosure of which is likely to inhibit the free and frank provision of advice and exchange of views for the purpose of deliberation or the effective conduct of public affairs.

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

RESOLVEDthat the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial and business affairs of the current provider of the services, and the Council disclosure of which is likely to inhibit the free and frank provision of advice and exchange of views for the purpose of deliberation or the effective conduct of public affairs.

(An item to be considered by the Cabinet in accordance with the Cabinet ProcedureRules and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, no representations having been received to such consideration taking place under Regulation 5(5) thereof)

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/21/69), attached for Members of the Cabinet.

The Corporate Infrastructure & Regulatory Services Scrutiny Committee Scrutiny Committee on 23 September 2021 considered the Report of the Spotlight Review and had RESOLVED that the following recommendations be endorsed and commended to the Cabinet, with a progress report to Committee in six months’ time (a) Extend the highways maintenance contract held with Milestone Infrastructure, taking advantage of the full option to extend by three years; (b) As part of the extension review the contract Service Information to meet the changing needs of the organisation and the population of Devon; and (c) Communicate successes and measurables in Highways through the Corporate Infrastructure & Regulatory Services Scrutiny Committee and in briefings for Councillors to share with Town and Parish Councillors as well as with members of the public.

RESOLVED

(a) that the Devon Highways Maintenance Term Service Contract held with Milestone Infrastructure be extended by three years to 31 March 2027 (the maximum permitted extension under the contract); and

(b) that the negotiation of the extension and any changes to the contract be delegated to the Chief Officer for Highways, Infrastructure Development and Waste and the County Solicitor in consultation with the Leader of the Council and the Cabinet Member for Highway Management.

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the  Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012).

(Councillors Connett and Hannaford 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/21/69) which considered proposals for the potential extension of the Devon Highways Maintenance Term Service Contract (Contract) for a period of 3 years to March 2027.

Consideration was also given to the changes that might be required to the operating structure of Devon Highways and contractual changes as well as identifying the potential benefits and opportunities for service delivery.

The Cabinet noted that the Corporate Infrastructure & Regulatory Services Scrutiny Committee on 23 September considered the Report of the Spotlight Review and had RESOLVED that the following recommendations be endorsed and commended to the Cabinet, with a progress report to Committee in six months’ time (a) Extend the highways maintenance contract held with Milestone Infrastructure, taking advantage of the full option to extend by three years; (b) As part of the extension review the contract Service Information to meet the changing needs of the organisation and the population of Devon; and (c) Communicate successes and measurables in Highways through the Corporate Infrastructure & Regulatory Services Scrutiny Committee and in briefings for Councillors to share with Town and Parish Councillors as well as with members of the public.

As part of the original Cabinet recommendation to award the Contract, an Impact Assessment was prepared and circulated and was still available on the Council’s website at: https://new.devon.gov.uk/impact/highways-maintenance-contract-2016

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) set out in the Chief Officer’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the Devon Highways Maintenance Term Service Contract held with Milestone Infrastructure be extended by three years to 31 March 2027 (the maximum permitted extension under the contract); and

(b) that the negotiation of the extension and any changes to the contract be delegated to the Chief Officer for Highways, Infrastructure Development and Waste and the County Solicitor in consultation with the Leader of the Council and the Cabinet Member for Highway Management.

(NB: The Impact Assessment referred to above may be viewed alongside Minutes of this meeting and may also be available on the Impact Assessment Webpages)