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Agenda and minutes

Venue: Virtual meeting. To view and watch the meeting, the link will appear below in due course.

Contact: Karen Strahan, 01392 382264  Email: karen.strahan@devon.gov.uk

Note: To be conducted in line with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020. To see the live stream, please copy and paste the link - https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmYzYzI2ZWUtYTQwZS00NzJjLTlmMmEtYmZmY2FmYTVjOWRl%40thread.v2/0?context=%7b%22Tid%22%3a%228da13783-cb68-443f-bb4b-997f77fd5bfb%22%2c%22Oid%22%3a%22b0735e0e-6faa-4f6a-91bb-917fd50284ca%22%2c%22IsBroadcastMeeting%22%3atrue%7d 

Media

Items
Note No. Item

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606.

Minutes

Minutes of the meeting held on 9 December 2020 (previously circulated).

Additional documents:

Minutes:

RESOLVED that the Minutes of the meeting held on 9 December 2020 be signed as a correct record.

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607.

Items Requiring Urgent Attention

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

 

Additional documents:

Minutes:

There was no item raised as a matter of urgency.

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608.

Announcements

Additional documents:

Minutes:

(Councillors Biederman, Connett and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Chair announced that there was no update on the current position with Elections and whether they would take place in May, notwithstanding recent press articles and representation from the County Councils Network.

 

Both the Chief Executive and County Solicitor reported that preparatory work had started for the Elections and some costs had been incurred by Local Authorities to date.

 

Both the Cabinet and those attending under Standing Orders stated that if changes to Election dates were likely, then an announcement from Government was required sooner rather than later.

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609.

Petitions

Additional documents:

Minutes:

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

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610.

Question(s) from Members of the Council pdf icon PDF 255 KB

Additional documents:

Minutes:

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Member responded to one question from a Member of the Council relating to the conversion to LED streetlamps in Ipplepen and Abbotskerswell and the maintenance of good communications with local residents.

 

The Cabinet Member responded orally to the supplementary question 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]

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611.

Update on Target Budget and Local Government Settlement pdf icon PDF 179 KB

Report of the County Treasurer (CT/21/01), providing an update on the Local Government Provisional settlement received in December and any impact on service spending targets.

 

The Report will follow.

Additional documents:

Minutes:

(Councillors Biederman, Connett, Dewhirst, Greenslade and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the County Treasurer (CT/21/1) giving an update on the target budget following the Provisional Local Government Finance Settlement. 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.

 

Cabinet noted that at the December meeting of Cabinet, Revenue Spending Targets for 2021/22 had been set that represented an overall increase of £28.4 millions or 5.2% (noting that the Provisional Local Government Finance Settlement had not yet been announced).

 

The Secretary of State for the Ministry for Housing, Communities and Local Government (on 17th December 2020) had made a statement to Parliament on the Provisional Settlement for 2021/22.

 

The 2021/22 Local Government Finance Settlement was for one year only and based on the Spending Round 2020 (SR20). The main aspects of this were;

 

·         that the council tax referendum limit was 2% for local authorities with social care authorities allowed a 3% social care precept;

·         the business rates multiplier had been frozen for 2021/22 resulting in the three elements of the Business Rates Retention system (Baseline Need, NNDR Baseline and Tariff/Top Up amounts) remaining at 2020/21 levels;

·         the Revenue Support Grant had increased by 0.55%;

·         there had been an increase to the Social Care Support Grant of £300 millions nationally and no change to the Improved Better Care Fund Grant;

·         Rural Services Delivery Grant – there had been an increase of £4 millions nationally, from £81 millions in 2020/21, to £85 millions in 2021/22; with the methodology for distribution remaining unchanged from 2020/21;

·         COVID-19 Funding – in the SR20, £2.2 billions of funding had been announced to support local government in 2021/22, alongside support for local tax income and the spreading of deficits.

 

Whist there were a number of Government Grants yet to be announced the Provisional Settlement for the County Council was as follows:

 

 

£000

Revenue Support Grant

549

Business Rates Central Government Top Up

80,654

New Homes Bonus

2,486

Rural Services Delivery Grant

7,823

Social Care Support Grant SR20

3,149

Social Care Support Grant SR19

20,160

Improved Better Care Fund

28,270

Covid-19 Funding

14,823

Council Tax Support Grant

6,358

 

Notwithstanding the targets set by Cabinet in December (Revenue Spending Targets of just over £571 millions), much had happened, including a new variant of the Coronavirus and another national lockdown which had led to a review of those Targets.

 

The proposed changes were:

 

·         reducing the planned savings by £3.7 millions across Adult Care and Health, Children’s Services and Highways, Infrastructure and Waste;

·         an additional Investment of £302,000 in Legal Services to support Children’s Services and Risk Management to support the whole organisation; and

·         an additional £3.3 millions to fund the cost of  ...  view the full minutes text for item 611.

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612.

Budget Monitoring - Month 8 pdf icon PDF 255 KB

Report of the County Treasurer (CT/21/02) providing an update on the budget monitoring position at month 8.

 

The Report will follow.

Additional documents:

Minutes:

(Councillors Biederman, Brazil, Connett, Dewhirst, Greenslade and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the County Treasurer (CT/21/2) on the budget monitoring position at month 8, 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 Cabinet noted that at month 8 it was estimated that budgets would overspend by £1.9millions, a reduction of £823,000 from the month 6 forecast of £2.7 millions.  However, the Dedicated Schools Grant projected deficit, relating to Special Educational Needs and Disabilities (SEND), was forecast to be £30.4 millions, an increase of £2.6 millions since month 6.  In line with Department of Education guidance this deficit would not be dealt with in the current financial year but carried to future years.

 

Adult Care and Health services were forecast to overspend by £2.4 millions, an increase of £100,000 from month 6. Children’s Services were forecasting an overspending of £3.5 millions, not including the projected deficit of £30.4 millions on Special Education Needs and Disabilities (SEND). In line with Government guidance the SEND deficit was held on the balance sheet as a negative reserve. 

 

Highways, Infrastructure Development and Waste were forecasting a breakeven position as was the case in month 6. Communities, Public Health, Environment and Prosperity (COPHEP) were projecting an underspend of just under £1.7 millions.

 

The approved capital programme was £195.3 millions. The year-end forecast was £164.3 millions, producing forecast slippage of £31.0 millions, mainly attributable to variations and programme delays in Highways, Planning and Transportation (£24.2 millions net slippage) which reflected the complexity of the major schemes.

 

Corporate debt stood at £3.4 millions, being just over 2% of the annual value of invoices, against the annual target of 1.9%. The balance of debt owed would continue to be pursued with the use of legal action where appropriate. 

 

The Report also outlined that Government had put in place a number of grant funding streams to help support Local Authorities during the pandemic. The confirmed additional funding the Council expected to receive directly was £80.5 millions. There were 13 different pandemic related grants with a confirmed value of £80.5 millions, of which £77.9 millions had been received and £53.7 millions spent. 

 

A summary table of all the funds was attached at appendix 1, but a summary of each grant was:

 

·         Local Authority Covid Support Grant - £43.5 millions;

·         Adoption Support Fund - £ 217,097;

·         Bus Services Support Grant - £1.2 millions;

·         Infection Control Fund-Tranche 1 £10.5 millions and Tranche 2 £9.2 millions;

·         Emergency Active Travel Fund - Tranche 1 £316,426 and Tranche 2 £1.3 millions;

·         Test and Trace Local Action Plan - £2.6 millions;

·         Emergency hardship Fund - £757,020;

·         Additional Home to school Transport - £1.7 millions;

·         Travel Demand Management - £100,000;

·         Wellbeing  ...  view the full minutes text for item 612.

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613.

Marsh Barton Rail Station pdf icon PDF 703 KB

Report of the Head of Planning, Transportation and Environment, (PTE/21/1) asking for final scheme approval for the construction of Marsh Barton Rail Station, attached.

 

An Impact Assessment is also attached for the attention of Members at this meeting and could also be found on the impact assessment website.

 

Additional documents:

Minutes:

(Councillors Biederman, Connett, Dewhirst and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/21/1) on Marsh Barton Rail Station, 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 sought final Scheme approval for the construction of Marsh Barton Station, which formed part of the Devon Metro rail network. The Scheme would boost sustainable access to one of the region’s largest employment areas and deliver improved walking and cycling links to the Riverside Valley Park for leisure and onward commuting to RD&E, County Hall and the City Centre.

 

Whilst Cabinet had previously approved the plans for Marsh Barton (July 2015), since then several problems had been encountered, including significant changes to Network Rail design standards and specifications for numerous components of the scheme.

 

The proposal was to site the station immediately to the south of Clapperbrook Lane and adjacent to the Energy from Waste Plant. The station would be served by the existing local train service between Exmouth, Exeter, Newton Abbot and Torbay (including stops between those stations). The station layout was attached at Appendix 2 of the Report. The key changes from the previous proposal related to the ramps and access between the two platforms. The redesign included the ramps and a new bridge constructed parallel to Clapperbrook Lane and the Report outlined the benefit of this approach.

 

A business case had been submitted for the scheme in order to secure Local Enterprise Partnership Growth Deal funding which showed a ‘very high’ value for money category.

 

The Station had been supported through the Exeter City Council and Teignbridge District Council Local Plan consultation processes and had been formally consulted upon through the planning application process, with broad support for the proposals.

 

The Scheme was estimated to cost £16.0m and would be funded by a variety of sources as detailed in the table contained within the Report. £5m was expected to be spent by the 31st March 2021, with an estimated £9m profiled in 2021/22 and £2m in 2022/23. The funding package included the DfT New Stations Fund allocation and at the time of writing the Report, the DfT had not made a final decision on the allocation of the New Stations Fund.

 

An Impact Assessment had been attached for the attention of Members at the meeting and could be found on the impact assessment website. This showed no unmanageable impacts had been anticipated. 

 

Work to construct the Station could have short-term negative consequences for residents living in the immediate vicinity, as noise could be generated, and the loss of some trees could impact the filtering of noise and odours from the industrial estate. However mitigating measures would  ...  view the full minutes text for item 613.

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614.

Household Waste Recycling Centres: Van Permit Scheme pdf icon PDF 239 KB

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/21/1) outlining proposals for a Van Permit Scheme at Household Waste Recycling Centres, attached.

 

An Impact Assessment is also attached for the attention of Members at this meeting and can be found on the impact assessment website.

Additional documents:

Minutes:

(Councillors Biederman, Dewhirst and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/21/1) outlining proposals for a Van Permit Scheme at Household Waste Recycling Centres, the Report being  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’s Household Waste Recycling Centre Improvement Strategy had been approved by Cabinet on 11th November 2020 (Report HIW/20/38) and an aspect of that Strategy was the implementation of a Household Waste Recycling Centre Van Permit system to help reduce the potential of trade waste abuse at sites.

 

The Report provided the details of the scheme and outlined that whilst users of vans could access HWRCs to dispose/recycle their waste (subject to certain vehicle and vehicle size restrictions), there had been concern that abuse of the system by commercial firms and businesses to dispose of their waste at public expense remained an issue.

 

The proposal was that van permits would be only be issued to vans registered to individual residents and not to vehicles registered to companies and / or businesses. The system required Devon residents who had a privately registered [registered to an individual] panel van (both large and small van size) to register with the Council if they wished to use that van at a HWRC.

 

Once registered, 12 permits for a rolling calendar year would be issued. The system would be based on ‘QR’ codes or similar with permits being scanned on access to each HWRC. There would be no charge for issuing the permits.

 

The Cabinet noted that it was only privately registered panel vans that needed to register, not cars, cycles/motorcycles, pickups, fully fitted campervans and a number of other vehicles, as outlined in the Report. 

 

Vans registered to businesses/companies/organisations were not eligible for a permit and would be excluded from accessing the HWRCs as well as those vehicles registered to addresses outside of the Council’s administrative area.

 

The Van Permit system would be piloted at a site prior to roll out so that any minor changes could be made if necessary.

 

The Scheme sought to limit the amount of commercial waste delivered to HWRC facilities by commercial firms, businesses and traders. The sites were provided free of charge for household waste deposited by residents and commercial waste should be deposited at commercial waste sites with the appropriate charges paid. 

 

An Impact Assessment was attached for the attention of Members at the meeting and could be found on the impact assessment website and as the policy applied to all Devon residents, no unmanageable consequences had been envisaged. The Scheme further supported the Environment Agency’s ‘right waste, right place’ campaign which sought to ensure that waste types were  ...  view the full minutes text for item 614.

615.

Notice(s) of Motion pdf icon PDF 754 KB

The following Notices of Motion submitted to the County Council by the following Councillors and 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)  Armed Forces (Councillor Asvachin)

(b)  Loneliness and Isolation (Councillor Connett)

(c)  Children’s Social Workers (Councillor Brazil)

(d)  Rural Proofing Processes (Councillor Atkinson)

(e)  Climate Change and Fossil Fuel Projects (Councillor Atkinson)

(f)   Public Sector Pay (Councillor Atkinson)

(g)  British Horse Society – Dead Slow Campaign (Councillor Hannaford)

Additional documents:

Minutes:

(a) Armed Forces (Councillor Asvachin)

 

(Councillor Asvachin attended remotely in accordance with Standing Order 8 and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The original Motion outlined below:

 

‘We call upon the council to make their armed forces champions and lead officers aware of the difficulties experienced by commonwealth veterans and ensure that those who are currently experiencing problems, whether financial or immigration difficulties, are not disadvantaged whilst their applications are ongoing.

We also call upon the leader of the council to write to the Prime Minister, Kevin Forster the Minister of State for Immigration, and Johnny Mercer the Minister of State for Veterans Affairs, outlining this Councils support for all Commonwealth veterans who have served a minimum of 4 years being granted automatic and free of charge right to remain in the UK and that any veteran who completes 12 years of service to be automatically given British Citizenship.

Further, we call upon the Leader of the Council to write to our Devon MPs, on behalf of this council, to ask that they continue to press the government for a change in the legislation that affects those that have served diligently and honourably for this Country’

 

Members considered the Officer’s factual briefing note on the matter (CSO/21/1) which referred to the role of the Armed Forces Covenant and its main principles, the facilitation of the multi-agency (Civilian/Military) partnership of signatories to the Devon and Torbay Armed Forces Community Covenant, the Veterans Joint Strategic Needs Assessment, the work of the Forces Connect South West Consortium, the Devon Forces Family Website and the Council’s involvement with the Government Consultation regarding forthcoming legislation to enshrine the Armed Forces Covenant in Law. The Briefing Note also outlined the additional work of the Council (as an employer) to support  staff who were veterans, reservists or close family members who were serving and the achievement of the Employers Recognition Silver Award in the Autumn of 2020 which recognised organisations who pledged, demonstrated and advocated their support for the Defence community.

 

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

 

RESOLVED that Council;

 

(a)  notes the work to date of Officers and the Council’s Armed Forces Covenant (AFC) Lead Member in terms of their involvement in and contribution to the Consultation about the forthcoming legislation to enshrine the Armed Forces Covenant in Law and that Officers and the Council’s AFC lead Member continue to work with “Forces Connect South West” (consortium of SW Councils) on matters concerning AFC including Commonwealth Veterans;

 

(b)  welcomes this impending legislation and will act upon its requirements as soon as has become enshrined in law;

 

(c)  recognises the situation regarding Commonwealth Veterans and therefore asks the Leader to write to Kevin Foster MP (Minister for Immigration) and Johnny Mercer MP (Minister of State for Veteran Affairs) asking that Commonwealth members  ...  view the full minutes text for item 615.

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616.

Question(s) from Members of the Public

Additional documents:

Minutes:

There was no question from a Member of the public.

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617.

Minutes pdf icon PDF 161 KB

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

 

Additional documents:

Minutes:

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:

 

Farms Estate Committee – 7 December 2020

Farms Estate (Interviewing) Committee – 14 December 2020

Farms Estate (Interviewing) Committee – 21 December 2020

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618.

Delegated Action/Urgent Matters

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.

Additional documents:

Minutes:

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.

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619.

Forward Plan pdf icon PDF 282 KB

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.

Additional documents:

Minutes:

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.


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