Agenda, decisions and minutes

Minutes of the meeting held on 11 February 2022 (previously circulated).

RESOLVED that the minutes of the meeting held on 11 February 2022 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 11 February 2022 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.

The Chair, at the start of the meeting, asked the Cabinet and those present for a moment of contemplation, in support of Ukraine. Members stood in silence.

The Chair then paid tribute to Jennie Stephens (Chief Officer for Adult Care and Health) for her long and distinguished career. He expressed his thanks for her service to the Council and wished her well in her retirement.

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

In accordance with the Cabinet Procedure Rules, the Chair and relevant Cabinet Member responded to six questions from Members of the Council on the following matters.

·         Work with key partners in response to the crisis in Ukraine to support Ukrainian people and families already working and living in Devon;

·         work with others with regard to the United Kingdom Ukrainian Resettlement Programme;

·         what specific work would the Council be coordinating and leading on with Ukrainian refugees;

·         work with local communities, churches, charities and others, to help the people of Devon provide humanitarian aid, including medical supplies, clothing and food to the Ukraine;

·         review of supply chains to provide assurance there was no exposure to Russia and remove any that may exist; and

·         direct contracts or procurements with Russian companies and the termination of any that may exist.

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

[NB: A copy of the questions and answers are available on webpage for meeting and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

Report of the Director of Finance (DF/22/37) outlining the Budget Monitoring position at Month 10, attached.

RESOLVED

(a) that the month 10 budget monitoring forecast position be noted; and

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

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

The Cabinet considered the Report of the Director of Finance (DF/22/37) outlining the Budget Monitoring position at Month 10, 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 10 it was estimated that budgets would overspend by just over £5.8 million, a reduction of £2.5 million from month 8 and the Dedicated Schools Grant projected deficit, relating to Special Educational Needs and Disabilities (SEND), was forecast to be £39.9 million (to be carried to future years in line with Department of Education guidance).

Government had continued to provide a number of grant funding streams to help support Local Authorities during the pandemic. The confirmed additional funding the Council was expected to receive directly this financial year was currently £57.5 million, in addition to the £25.6 million carried forward from 2020/21.

Adult Care and Health services were forecast to overspend by just over £3.8 million, a reduction of £1.3 million from month 8.

Children’s services were forecasting an overspend of £8.8 million, a reduction of £300,000 from month 8, however, the figure did not include the projected deficit of £39.9 million on Special Education Needs and Disabilities (SEND). A management plan had been prepared and the Council continued to participate in the Safety Valve Intervention Programme with the Department for Education (DFE).

Highways, Infrastructure Development and Waste were forecasting an underspend of £450,000, an improvement of £160,000 from month 8. However, substantial clear-up costs resulting from storms Dudley and Eunice, were not yet finalised and the impact had not been included within the month 10 forecast.

Communities, Public Health, Environment and Prosperity (COPHEP) were forecasting an underspend of £2.6 million, an improvement of £1.1 million since month 8.

Non-service items, which included capital financing charges and business rates pooling gain, were forecast to underspend by £3.3 million.

The approved capital programme for the Council was £217.2 million. The year-end forecast was £174.7 million, producing forecast slippage of £42.5 million. The main areas of slippage could be attributed to variations and programme delays in Planning, Transportation and Environment, which reflected the complexity of the major schemes and also material and labour price increases were being experienced which were detrimentally impacting the delivery costs and tender prices being returned.

Corporate aged debt stood at £2.4 million, being just over 1.0% of the annual value of invoices, against the annual target of 1.9%.

The Cabinet noted it was positive that the forecast overspend had reduced since month 8 and the pressures within Adult Care and Health and Children’s services had continued to stabilise. Close monitoring would continue, and action would be taken where possible to manage pressures further before the end of the financial year. The continuing growth in demand for new Education and Health Care Plans within the Special Educational Needs and Disabilities services continued to be a concern but  ...  view the full minutes text for item 124.

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/22/8) seeking approval of a funding bid to the National Lottery Heritage Fund for restoring Stover Park, attached.

An Impact Assessment is also attached for the attention of Members at the meeting but is also available at Stover Park Restoration - Impact Assessment (devon.gov.uk).

RESOLVED

(a) that the submission of the Delivery Phase grant bid to the National Lottery Heritage Fund be approved;

(b) that the submission of associated grant funding bids to National Highways, and other relevant grant aiding bodies also be approved; and

(c) that the Chief Officer for Highways, Infrastructure Development and Waste be given delegated authority, in consultation with the Cabinet Member for Climate Change, Environment and Transport, to make minor changes if necessary to the bids.

(Councillors Brazil 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/22/8) seeking approval of a funding bid to the National Lottery Heritage Fund for restoring Stover Park. The Report had been 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 Council had been leading an ambitious project that aimed to revitalise and enhance the biodiversity, historic landscape, and recreational value of Stover Park. The Park was of national importance, as recognised by inclusion on the Register of Parks and Gardens of Special Historic Interest in England (Grade II) as well as individual features such as the granite gatehouse/lodge listed under the Planning (Listed Buildings and Conservation Areas) Act 1990 for their special architectural or historic interest.

The report listed all the current features of the park for recreation and public enjoyment such as the Interpretation Centre (visitor centre, classroom, rangers’ office, and public toilets (open 8 am to 5 pm) and other recreational resources such as interpretation boards, an aerial walkway, a bird hide, walking routes, a car park, and picnic areas.

In developing the capital elements of the project, the Council had engaged with a variety of stakeholders and partners and the Development Phase had included a substantial programme of research, feasibility, design, and costings which has identified priorities for action.

The plans for community engagement had six key focuses which included ecology and the environment, knowledge of climate change and sustainability, understanding nature and heritage, promoting volunteering and community, enabling learning and skills and nurturing Health and Wellbeing.

The Report highlighted that the Council had previously been awarded a Development Grant (£341,300) from the National Lottery Heritage Fund (NLHF) which had enabled work to be carried out to develop proposals to restore and enhance Stover Park and in accordance with NLHF procedures, the Council would soon be eligible to submit a Delivery Phase grant application to implement the developed proposals. It was hoped that the grant application could be submitted in May 2022, with a decision expected in September 2022 and subject to successful awards of grant, the Delivery Phase would run for 3 years until September 2025.

Following the project development work, priorities had been established for the proposed Delivery Phase and actions were focused on Lake Restoration, Historic Landscape and Buildings (related images included in Annex A), upgrading and extending the Discovery Centre, improved visitor welcome and enjoyment (car park layout, improved accessibility and connectivity) and activities (community engagement targeting existing visitors and under-represented audiences).

All of the actions would directly contribute to the delivery of priorities as set out within the Devon County Council Plan 2021 – 2025. 

Costs estimates were being finalised as part of the current Development Phase, alongside identifying all the partnership funding. However, estimated expenditure and income (NLHF, National Highways, Devon County Council,  ...  view the full minutes text for item 125.

Report of the Head of Planning, Transportation and Environment (PTE/22/8) seeking approval for Improvements to Cedars Junction in Barnstaple, attached.

An Impact Assessment is also attached for the attention of Members at the meeting and can also be found at Cedars Crossing – Impact Assessment February 2022.

RESOLVED

(a) that the design and construction for a new pedestrian and cyclist crossing and associated works (plan no. 70086553-WSP-HGN-100-DR-02 in Appendix 1) and potentially additional bus priority measures with an estimated cost of £1 million on the A3125 south of the Cedars roundabout in Barnstaple be approved; and,

(b) that the Head of Planning, Transportation and Environment and the Chief Officer for Highways, Infrastructure Development and Waste in consultation with the Cabinet Member for Climate Change, Environment and Transport and relevant Local Member be given delegated authority, to make minor variations to the scheme as required.

(Councillors Brazil 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/22/8) which sought approval for improvements at Cedars Junction in Barnstaple, 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.

In order to try to control the congestion on the Bickington Road approach to the Cedars junction Barnstaple a trial had been undertaken in February 2019. The trial was considered a success, as set out in previous reports to North Devon Highways and Traffic Orders Committee (HATOC) in June 2019 and November 2021, and approval was now sought for the permanent scheme.

A scheme location plan was available in figure 1 of the Report and the introduction highlighted the additional pressures of an additional 1300 houses planned/expected to 2031, along the corridor, which would add traffic through the Cedars Roundabout as there was no alternative route to drive to Barnstaple. 

The proposal could be seen in full in plan no. 70086553-WSP-HGN-100-DR-02 in Appendix 1. The scheme consisted of a staggered toucan crossing, which required the road to be widened slightly on both sides to accommodate the crossing and adequate road widths for an A class road.  All proposed works were within the public highway boundary.

As a result of public consultation additional bus priority measures through the Cedars Junction would be investigated and if possible designed and incorporated into the scheme where possible. The Report outlined in full the consultation process which took place between 15 December 2021 and 1 February 2022, and was publicised through press releases to local media and the creation of a webpage on the Council’s Have Your Say website (https://www.devon.gov.uk/haveyoursay/consultations/new-pedestrian-and-cyclist-crosing-in-barnstaple/). The Report also detailed the responses received.

Whilst the proposal was to progress this as a standalone scheme, it was part of an emerging wider strategy which aimed to also improve the Wrey Arms roundabout, provide a new pedestrian/cycle bridge over the A361 bypass and railway line to Seven Brethren; and a new access junction from the A361 bypass to the new housing at ‘Larkbear’ behind Petroc joining the A361 to Old Torrington Road.

The cost of the scheme was estimated at £1 million and would be funded by section 106 contributions from housing developments in the area.  Adequate funding had already been secured from developments over previous years to deliver this scheme at the estimated price.

The Head of Service’s Report incorporated an Impact Assessment which had been circulated for the attention of Members at the meeting and was available on the website at Cedars Crossing – Impact Assessment February 2022. The proposals were expected to have overall positive social, environmental and economic impacts, by reducing overall traffic delays approaching the Cedars Roundabout, and thus reducing pollution and improving access to employment and businesses.  However, as the scheme would give greater priority to those approaching the roundabout  ...  view the full minutes text for item 126.

Report of the Head of Planning, Transportation and Environment (PTE/22/9) on the Flood Risk Management Action Plan, attached.

The Impact Assessment had been previously circulated and could be found at https://www.devon.gov.uk/impact/flood-risk-management-strategy/, noting that individual schemes would require separate assessments at the appropriate time.

RESOLVED

(a) that budgets be allocated to the Annual Flood Risk Management Plan schemes in the 2022/23 Action Plan as set out in Appendix B, noting the level of overprogramming planned; and

(b) that delegated authority be given to the Head of Planning, Transportation and Environment in consultation with the Cabinet Member for Public Health, Communities and Equality to made amendments to the Revenue and Capital allocations.

(Councillors Brazil 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/22/9) on the Flood Risk Management Action Plan, 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 purpose of the Report was to present the achievements in delivering the essential flood improvements approved in the 2021/22 Action Plan and to seek approval for the new 2022/23 Action Plan. The Report detailed how the Council had worked in partnership with the other Risk Management Authorities to reduce the risk of flooding and the level of external funding that had been and would continue to be secured to support delivery of the much-needed improvements.

With regards to physical works, over £1.5million of major flood improvements had been delivered in Sidmouth, Ivybridge, Stokeinteignhead, Harbertonford, South Pool and Chillington providing a reduction in flood risk to over 200 properties. A more detailed account of the projects could be found in Appendix A of the Report.

It was noted that the ongoing risk of flooding continued to be evident with a number of significant events happening over the year.

The proposed Action Plan for 2022/23 was provided in Appendix B. The Council was in the first year of Defra’s 6 year programme for 2021-27 and in anticipation of this there were four major schemes (Sidmouth, Colaton Raleigh, Beeson and Broadhempston) and a number of smaller interventions in the pipeline for delivery in 2022/23 which made up the majority of spending in 2022/23.

However, studies had been commissioned for Barnstaple (continuation of previous work), Exeter Phase 3, Ilfracombe, Teignmouth, Exmouth, Crediton, Newton Abbot, Bideford, Okehampton, Dawlish, Budleigh Salterton and Seaton and opportunities for delivering natural flood management (NFM), where the risk of flooding to properties could be reduced, would be explored in partnership with other Risk Management Authorities and in collaboration with non-government organisations.

The Impact Assessment had been previously circulated and could be found at https://www.devon.gov.uk/impact/flood-risk-management-strategy/. To support the production of the revised Local Flood Risk Management Strategy a full Strategic Environmental Assessment had been carried out and would be referred to when carrying out flood improvements to ensure any impact on the environment was minimised. All major capital flood schemes would also require a bespoke Environmental Assessment to consider not only impact on the environment but also to identify any enhancements that could be achieved.

The threat of flooding continued to be a high risk for Devon’s communities. The Flood & Coastal Risk Management Team continued to maintain the required level of resource to deliver the statutory responsibilities and to deliver essential flood improvements across the County. The Action Plan for 2022/23 identified the proposed investment for developing the programme that will help reduce the risk of flooding to those communities in Devon.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial,  ...  view the full minutes text for item 127.

Report of the Head of Planning, Transportation and Environment (PTE/22/10) seeking approval to submit an Outline Business Case to deliver a Flood Resilience Partnership project across Devon (funded by Government’s Flood & Coastal Resilience Innovation Programme), attached.

An Impact Assessment is also attached for the attention of Members at the meeting and can also be found at Flood Resilience: Managing Big Problems in Small Places Project - Impact Assessment (devon.gov.uk).

RESOLVED

(a) that Devon County Council leads a Partnership to develop an Outline Business Case to deliver a flood resilience partnership project across Devon “Managing Big Problems in Small Places in Rapid Response type Catchments”;

(b) that the Head of Planning, Transportation and Environment in consultation with the Cabinet Member for Public Health, Communities and Equality be given delegated authority to approve the details of the project, allocation of funding, and the preparation of collaboration agreements with partners covering the delivery stage of the project; and

(c) that the submission of the Outline Business Case to the Environment Agency to bid for funding to the amount of £7,608,000 from the Flood & Coastal Resilience Innovation Programme for the delivery of the project be approved, noting that the submission includes match funding secured from the County Council and partners by way of staff time and potentially financial contributions.

(Councillors Brazil 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/22/10) which sought approval to submit an Outline Business Case to deliver a Flood Resilience Partnership project across Devon (funded by Government’s Flood & Coastal Resilience Innovation Programme),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 Report outlined that in the 2020 Budget, DEFRA had announced a new programme of funding for innovative projects to help communities be more resilient to flooding and coastal change. The programme, managed by the Environment Agency, allocated £150 million to 25 partnership projects across England through a competitive process. The Council and Partners had been selected to develop a project which would increase flood resilience at a catchment level within communities in rapid response ‘type’ catchments where traditional flood defences were shown not to be appropriate or cost beneficial.

Devon had a long history of flash flooding in rapidly responding catchments and the allocation of funding nationally, based on number of properties affected, did not reflect the very real risks and issues in Devon. The project sought to address several challenges and pre-existing barriers to delivering flood resilience in rapid response type catchments, for example the effects of climate change, lack of a single source of information on flood events and flood resilience, current definitions of a Rapid Response Catchment, which does not pick up key Rapid Response Catchment communities, communityengagement in flood risk issues and no provision for surface water flood warnings within current systems.

The project had a number of objectives including empowering local communities to participate in the development, delivery, monitoring, maintenance and ownership of flood resilience interventions, installation of Property Flood Resilience measures in community assets, enhance existing warning systems, identify & develop alternative funding models, develop new spatial planning tools and approaches, improve and embed flood resilience in planning and land use policies and decisions and deliver robust and replicable learning.

There were eighteen partners and all were delivery agents of the project. However, the Council was the lead partner responsible for the delivery of the project to time, quality, and budget in compliance with the funding programme requirements.

The estimated cost(s) of the proposals and funding sources/budgets was £7,608,000. The Council would also provide a proportion of staff time towards the project. In addition, staff time would be provided by Partners as part of the programming, delivery & monitoring of the interventions.

A first tranche of funding of the value of £656,000 was released in August 2021 to help project partners develop the project further, undertake feasibilities studies and produce the Outline Business Case. The remaining amount would be released over the next 5 financial years once the Outline Business Case had been approved.

By using nature-based solutions, the interventions would reduce the risk of flooding. The nature-based solutions also had the potential to  ...  view the full minutes text for item 128.

At its meeting on 20^th January 2022 and in accordance with Standing Order 23(2), Councillor L Hellyer had asked that the Committee consider the Motor Neurone Disease (MND) Charter to recommend a reference to the Cabinet

to ask the Council to adopt the Charter. The Committee RESOLVED that the Cabinet be requested to approve the following:

(a) that Council adopts the Motor Neurone Disease Charter.

(b) that Council encourages the District Councils in Devon to adopt the Charter.

(c) that Council asks the relevant Cabinet Member(s) to ensure the Council’s services and facilities are delivered in accordance with the Charter.

(d) That the Council’s communications team promotes the adoption of the Charter, and promotes how the Council’s services and facilities are accessible.

Recommendations

(a) that Cabinet note the five points of the Motor Neuron Disease Charter absolutely chime with how adults and childrens social care in Devon and across the country is delivered, and how together we approach everyone with care and support needs as a result of any condition, disease or injury that they may have been born with or acquired. This also includes supporting those caring for others with any condition, disease or injury. We do this in collectively across our wider health and care partnerships and beyond.

The five points of the Motor Neurone Disease Charter are:

1.         The right to an early diagnosis and information

2.         The right to access quality care and treatments

3.         The right to be treated as individuals and with dignity and respect

4.         The right to maximise their quality of life

5.         Carers of people with MND have the right to be valued, respected, listened to and well-supported.

(b) that Cabinet note there are no additional resource implications from adopting the charter as it states quality of practice and approach that is part of ‘business as usual’ within Devon County Council; and

(c) that Cabinet be recommended to adopt the Charter and accept all the recommendations made by the Health and Adult Care Scrutiny Committee.

RESOLVED

(a) that the five points of the Motor Neuron Disease Charter be noted, and that they chime with how Adults and Children’s Social Care in Devon and across the country is delivered, and how together we approach everyone with care and support needs as a result of any condition, disease or injury that they may have been born with or acquired. This also includes supporting those caring for others with any condition, disease or injury. The Council does this collectively across the wider health and care partnerships and beyond:

The five points of the Motor Neurone Disease Charter are:

1.         The right to an early diagnosis and information

2.         The right to access quality care and treatments

3.         The right to be treated as individuals and with dignity and respect

4.         The right to maximise their quality of life

5.         Carers of people with MND have the right to be valued, respected, listened to and well-supported.

(b) that Cabinet acknowledges there are no additional resource implications from adopting the charter as it states quality of practice and approach that is part of ‘business as usual’ within Devon County Council; and

(c) that the Charter be adopted and all the recommendations made by the Health and Adult Care Scrutiny Committee be accepted.

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

The Cabinet noted that at its meeting on 20^th January 2022 and in accordance with Standing Order 23(2), Councillor L Hellyer had asked that the Committee consider the Motor Neurone Disease (MND) Charter to recommend a reference to the Cabinet to ask the Council to adopt the Charter. The Committee RESOLVED that the Cabinet be requested to approve the following:

(a) that Council adopts the Motor Neurone Disease Charter.

(b) that Council encourages the District Councils in Devon to adopt the Charter.

(c) that Council asks the relevant Cabinet Member(s) to ensure the Council’s services and facilities are delivered in accordance with the Charter.

(d) That the Council’s communications team promotes the adoption of the Charter, and promotes how the Council’s services and facilities are accessible.

It was MOVED by Councillor McInnes SECONDED by Councillor Gilbert and

RESOLVED

(a) that the five points of the Motor Neuron Disease Charter be noted, and that they chime with how Adults and Children’s Social Care in Devon and across the country is delivered, and how together we approach everyone with care and support needs as a result of any condition, disease or injury that they may have been born with or acquired. This also includes supporting those caring for others with any condition, disease or injury. The Council does this collectively across the wider health and care partnerships and beyond:

The five points of the Motor Neurone Disease Charter are:

1.         The right to an early diagnosis and information

2.         The right to access quality care and treatments

3.         The right to be treated as individuals and with dignity and respect

4.         The right to maximise their quality of life

5.         Carers of people with MND have the right to be valued, respected, listened to and well-supported.

(b) that Cabinet acknowledges there are no additional resource implications from adopting the charter as it states quality of practice and approach that is part of ‘business as usual’ within Devon County Council; and

(c) that the Charter be adopted and all the recommendations made by the Health and Adult Care Scrutiny Committee be accepted.

At the East Devon Highways and Traffic Orders Committee on 14 February 2022, the Committee considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/22/4) related to the A3052: Speed Limits and Facilities for Active Travel - Greendale to Cat & Fiddle. The Committee RESOLVED (a) that Cabinet be requested to support an extension of the 40mph speed limit to the eastern boundary of the Cat and Fiddle (minute *24 refers).

Recommendation

That the matter be deferred pending a site visit for the Cabinet Member for Highway Management to meet the local Members, police, and road safety officers.

RESOLVED that the matter be deferred pending a site visit for the Cabinet Member for Highway Management to meet the local Members, police, and road safety officers.

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

The Cabinet noted that the East Devon Highways and Traffic Orders Committee had, on 14 February 2022, considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/22/4) related to the A3052: Speed Limits and Facilities for Active Travel - Greendale to Cat & Fiddle. The Committee had RESOLVED (a) that Cabinet be requested to support an extension of the 40mph speed limit to the eastern boundary of the Cat and Fiddle (minute *24 referred).

The Cabinet Member highlighted that a reduction in the speed limit along the A3052 from 50 mph to 40 mph had been considered several times in the past. However, he acknowledged that Members were concerned about the speed and increasing number of large HGVs, the inadequate size of the road island at the Cat and Fiddle, increased use of the Exeter City Football Club youth training ground and planning permission for a 30 bed hotel at the Cat and Fiddle car park site.

It was MOVED by Councillor Hughes, SECONDED by Councillor McInnes and RESOLVED that the matter be deferred pending a site visit for the Cabinet Member for Highway Management to meet the local Members, police, and road safety officers.

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)  Neonicotinoid Ban (Councillor Brazil)

(b)  Cost of Living Crisis (Councillor Hannaford)

(c)  Motion for the Ocean – Ocean Recovery Declaration (Councillor Aves)

(a) Neonicotinoid Ban (Councillor Brazil)

RESOLVED that Council be recommended to endorse the spirit of this Notice of Motion given the significant environmental concerns relating to the use of neonicotinoids and calls on Government to carefully review its consideration of emergency use applications to ensure consistency with the objectives of the National Pollinator Strategy and the 25 Year Environment Plan.  It will continue to pursue relevant action in line with its Pollinator Action Plan.

(b) Cost of Living Crisis (Councillor Hannaford)

RESOLVED that that Council be recommended to

(a) note that one the Council’s Strategic Plan priorities for 2021 to 2025 is to make Devon a fairer place, address poverty, health, and other inequalities, and ensure support for those people and families struggling most;

(b) agree that the Annual Plan for 2022/23 should include measures to address poverty in the light of current increases in the costs of living; and

(c) work with Plymouth City Council, Torbay Council and Team Devon in the forthcoming devolution deal negotiations with Government to devolve flexibilities and responsibilities which will help to address issues described in the Notice of Motion.

(c) Motion for the Ocean – Ocean Recovery Declaration (Councillor Aves)  

RESOLVED that Council be recommended to:

(a) support the adoption of the ‘Motion for the Ocean’, based around the model motion advocated by the Ocean Conservation Trust, as set out in Appendix 1 to the Report; and

(b) that the Cabinet Member for Climate Change, Environment and Transport writes to the Secretary of State for the Environment to urge Government to put the ocean into net recovery by 2030.

(a)       Neonicotinoid Ban (Councillor Brazil)

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

It is desperately disappointing that once again the Government has permitted the use of a pesticide known to have catastrophic effects on bees. This Council will not permit the use of thiamethoxam or any neonicotinoid pesticides on County farms or any County land. We would also encourage farmers to adopt more sustainable farming practices and reduce their reliance on toxic pesticides. The Government needs to support our farmers to do this and uphold its own ban on neonicotinoids’.

Members considered the Officer’s factual briefing note on the matter (CSO/22/6) which referred to the history of the use of Neonicotinoids, their highly detrimental effect on bees and other insects, the granted emergency use authorisations for neonicotinoid seed treatments and that Defra granted this type of emergency use authorisation to counter the threat to sugar beet crops from beet yellow virus. The Council did not use any neonicotinoid insecticides on the corporate estate, however in relation to Farms, there were no provisions within the leases that would enable the landlord to prevent the tenant using authorised pesticides provided the tenant was acting within the law and industry best practice. Despite this, the Council had, through its Pollinator Action Plan, signalled its intent to promote environmentally sustainable alternatives.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken:

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

RESOLVED that Council be recommended to endorse the spirit of this Notice of Motion given the significant environmental concerns relating to the use of neonicotinoids and calls on Government to carefully review its consideration of emergency use applications to ensure consistency with the objectives of the National Pollinator Strategy and the 25 Year Environment Plan.  It will continue to pursue relevant action in line with its Pollinator Action Plan.

(b) Cost of Living Crisis (Councillor Hannaford)

(Councillor Hannaford attended in accordance with Standing Order 8 and spoke to this item).

Council notes with concern that;

According to the House of Commons Library, the UK cost of living has been rising since early 2021, but in December 2021 inflation reached its highest recorded level in decades, seriously affecting the ability of households to afford basic goods and essential services. Economic experts agree that the UK is now expected to experience will be the sharpest fall in disposable incomes since records began in 1990, as the cost of living crisis wreaks havoc among middle and lower-income households.

Inflation

Consumer prices, as measured by the Consumer Prices Index (CPI) , were 5.4% higher in December 2021 than a year before – the highest inflation rate recorded since 1992. In mid-December, the Bank of England forecast the CPI inflation rate to remain around 5% over the winter, before rising to 6% in April 2022. However now against a backdrop of  ...  view the full minutes text for item 131.

There was no question from a Member of the public.

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:

Standing Advisory Council on Religious Education - 17th February 2022

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

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

Standing Advisory Council on Religious Education - 17th February 2022

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 and 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 both the Joint Venture Company and of the County Council and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVEDhat 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 both the Joint Venture Company and of the County Council and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

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

RESOLVEDhat 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 both the Joint Venture Company and of the County Council and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

(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 Head of Economy, Enterprise and Skills (EES/22/2) giving an update on previously agreed proposals relating to the Skypark Development Partnership Joint Venture and seeking approvals to move forward, attached for Members of the Cabinet.

RESOLVED that recommendations (a) to (e), as outlined in the Report (EES/22/2), relating to progress with previous Skypark recommendations, endorsement of business plan, agreed budgetary provision (2022/2023) and intended procurement be agreed.

(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 Hannaford and Randall Johnson 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/22/2) on updated proposals on the Skypark Development Partnership Joint Venture, circulated prior to the meeting accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Report followed Cabinet approvals in June 2019 and October 2020 and set out the key actions required to develop Skypark going forward. The Report sought approval for the resources required and set out the timescales.

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 Head of Service’s Report and/or referred to above having been considered:

It was MOVED by Councillor Gilbert, SECONDED by Councillor Twiss, and

RESOLVED that recommendations (a) to (e), as outlined in the Report (EES/22/2), relating to progress with previous Skypark recommendations, endorsement of business plan, agreed budgetary provision (2022/2023) and intended procurement be agreed.