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Agenda, decisions and minutes

Venue: Committee Suite (Clinton / Fortescue) - County Hall

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

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Media

Items
Note No. Item

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219.

Minutes

Minutes of the meeting held on 26 September 2022 (previously circulated).

Additional documents:

Decision:

RESOLVED that the minutes of the meeting held on 26 September 2022 be signed as a correct record.

Minutes:

RESOLVED that the minutes of the meeting held on 26 September 2022 be signed as a correct record.

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220.

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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221.

Announcements

Additional documents:

Minutes:

There was no announcement by the Chair at this meeting.

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222.

Petitions

Additional documents:

Minutes:

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

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223.

Question(s) from Members of the Council

Additional documents:

Minutes:

There was no question from a Member of the Council.

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224.

Devon Carbon Plan pdf icon PDF 516 KB

Report of the Director of Climate Change, Environment and Transport (CET/22/52) seeking endorsement of the Devon Carbon Plan, attached.

 

Attached to the Report is a quick read version of the Plan. The full plan is available here - https://devonclimateemergency.org.uk/view-devon-carbon-plan-full/.

 

An Impact Assessment is also attached for available Members of the Cabinet to consider and is available on the website at https://www.devon.gov.uk/impact/endorsement-of-devon-carbon-plan-september-2022/

Additional documents:

Decision:

RESOLVED that the Devon Carbon Plan be endorsed.

Minutes:

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

 

The Cabinet considered the Report of the Director of Climate Change, Environment and Transport (CET/22/52) which sought endorsement of the Devon Carbon 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 full plan was available at https://devonclimateemergency.org.uk/view-devon-carbon-plan-full/ and had been prepared by a partnership of 29 public, private, community and not-for-profit organisations, led by the County Council (DCC).

 

The endorsement of the Devon Carbon Plan would confirm the Authority’s commitment to acting with County and Regional partners to address the climate and ecological emergencies. The Report highlighted that many of the actions had a degree of flexibility in their language, such as ‘where possible’, ‘explore’, ‘investigate’. This was not to downplay the critical nature of reducing carbon emissions, rather it set out key areas of focus that needed further evaluation for different types of organisation to contribute to the 2050 net-zero target.

 

The Council would also revise its own 2018 Climate Strategy and relevant Action Plans, which showed how the Authority would use its responsibilities and areas of influence to help reduce Devon’s emissions, so that it aligned with the Devon Carbon Plan. The approval of the revised strategy would come to a future meeting for approval.

 

Creating the Devon Carbon Plan involved five main phases of public engagement, which was outlined in full at section 5 of the Report and the Report’s recommendations contributed to delivering all of the six priorities of the Council’s Strategic Plan, outlined in full at section 6.

 

Endorsing the Plan did not commit the Authority to new financial expenditure, but it was clear that in many cases doing more would require additional funding and substantial investment, much of which would need to be provided by the private sector through commercial opportunities. However, what was clear was that long-term the cost to society of inaction exceeded the cost of action.

 

An Impact Assessment was also attached to the agenda for consideration at the meeting and was available on the website at https://www.devon.gov.uk/impact/endorsement-of-devon-carbon-plan-september-2022/.

 

This highlighted that Climate change would affect everybody in the County, and would affect people less able to adapt the most, for example less affluent, those living with physical and mental health conditions, those living in coastal communities or other areas prone to flooding and young people who would live with the effects becoming worse over their lifetimes. Implementing the Devon Carbon Plan in partnership with the people of Devon would help minimise these impacts on everyone. In addition, future tactical-level changes to services would need their own impact assessment to consider their effect on equality characteristics.

 

In summary, since declaring a Climate Emergency, the global outlook remained poor with the Intergovernmental Panel on Climate Change (IPCC) publishing its Sixth Assessment Report showing that the vast majority of future scenarios showed temperatures were on track to shoot well  ...  view the full minutes text for item 224.

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225.

Dawlish Link - Elm Grove Road to A379 Exeter Road pdf icon PDF 819 KB

Report of the Director of Climate Change, Environment and Transport (CET/22/53) seeking approval to progress to tender and subsequently construction for the provision of a section of new link road between Elm Grove Road and the A379 Exeter Road, attached.

 

An Impact Assessment is also attached for available Members of the Cabinet to consider and is available on the website at https://www.devon.gov.uk/impact/dawlish-da2-infrastructure-delivery-september-2022/

Additional documents:

Decision:

RESOLVED

 

(a) that approval be given for a scheme in Dawlish which assists in connecting Elm Grove Road and the A379 Exeter Road, and includes provision of a bridge with embankments, sustainable urban drainage together with cycle lanes and footpaths, as identified in the Local Plan, to proceed to tender and construction;

 

(b) that delegated authority be given to the Director of Climate Change, Environment and Transport, in consultation with the Local Member and Cabinet Member for Climate Change, Environment and Transport, to make minor amendments to the scheme design; and

 

(c) that an increase to the 2022/23 capital programme by £286,065 and 2023/24 by £5,564,465, funded by external contributions, be approved.

Minutes:

(Councillors Brazil, Hodgson, 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 Climate Change, Environment and Transport (CET/22/53) which sought approval to progress to tender and subsequently construction of the provision of a section of new link road between Elm Grove Road and the A379 Exeter Road. 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 provision of a section of a new link road between Elm Grove Road and the A379 Exeter Road was allocated in the Teignbridge Local Plan in Dawlish (Policy DA2) and would support bus service, cycle lanes and footpaths (contained within Areas 3 and 4 of the DA2 allocation).

 

The scheme and associated development of approximately 860 dwellings had been allocated in the Teignbridge Local Plan for Dawlish located north-west of Secmaton Lane (DA2).

 

The proposals were outlined in full at section 3 of the Report highlighting that

Teignbridge Council would fund this Council to deliver part of the spine road through Areas 3 and 4 of the DA2 allocation (Figure 2 in the Report illustrated the various Areas) and that this Council would deliver a new highway bridge over the Shutterton Brook as part of their scope. The scheme would also assist in delivering the link road, by delivering the part of the carriageway section of the link road located within areas 3 and 4 to surface course level.

 

DCC delivery included 34m of highway and highway embankment within Area 4, 26m span highway bridge, up to 430m carriageway including highway embankment within Area 3 and highway associated Sustainable Urban Drainage features.

 

The bridge element of the works was being delivered pursuant to a planning consent obtained by DCC in August 2022. This was a full planning consent from Teignbridge Planning Authority under Application Reference 21/02872/FUL.

 

In terms of Planning Application Reference 19/01767/MAJ, this application had been submitted by the landowners of Area 3, and would grant consent for both the development of Area 3 as well as the link road.

 

The first section of link road connecting the A379 within Area 4 had already been delivered by Persimmon Homes. Figure 2 illustrated the proposed route of the link road through Areas 3 and 4 as well as outlining the 5 Areas of development which would be supported by the link road.

 

Consultation and community engagement had been undertaken by Teignbridge District Council during the preparation of the Local Plan and Development Framework Master Plan as well as part of the planning applications.

 

A funding agreement between Teignbridge District Council and this Council had been entered into, to cover the entire project capital expenditure. The Report outlined the full terms of that agreement. The current total estimated cost of the scheme, including design, planning, procurement, construction etc was estimated to be in the region of £6.2  ...  view the full minutes text for item 225.

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226.

Children's Scrutiny Committee (Minute *58 SEND Ofsted/CQC Revisit - Update on progress since the Inspection)

In considering the Report relating to Ofsted/CQC Revisit - Update on progress since the Inspection (Minute 58), the Children's Scrutiny Committee at its meeting on 6 September 2022 had RESOLVED that the Committee raises concern to Cabinet to satisfy itself about the realism of achieving a balanced budget across Children's Services and SEND, while acknowledging that services need more investments to improve by recruiting more caseworkers and reducing backlogs, and refers to Cabinet for consideration.

 

Recommendations

 

(a) that the Children’s Scrutiny Committee be thanked for bringing the extent of the financial challenge faced by Children’s Services, with particular reference to its Special Educational Needs (SEN) provision, to Cabinet’s attention; and

 

(b) that Cabinet further recognises the need to recruit more caseworkers in SEN to reduce the current backlogs of work to improve outcomes for children and families.

Additional documents:

Decision:

RESOLVED

 

(a) that the Children’s Scrutiny Committee be thanked for bringing the extent of the financial challenge faced by Children’s Services, with particular reference to its Special Educational Needs (SEN) provision, to Cabinet’s attention; and

 

(b) that Cabinet recognises the need to recruit more caseworkers in SEN to reduce the current backlogs of work to improve outcomes for children and families.

Minutes:

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

 

The Cabinet noted that at its meeting on 6 September 2022, in considering the Report relating to Ofsted/CQC Revisit - Update on progress since the Inspection (Minute 58), the Children's Scrutiny Committee had RESOLVED that the Committee raises concern to Cabinet to satisfy itself about the realism of achieving a balanced budget across Children's Services and SEND, while acknowledging that services need more investments to improve by recruiting more caseworkers and reducing backlogs, and refers to Cabinet for consideration.

 

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

 

RESOLVED

(a) that the Children’s Scrutiny Committee be thanked for bringing the extent of the financial challenge faced by Children’s Services, with particular reference to its Special Educational Needs (SEN) provision, to Cabinet’s attention; and

 

(b) that Cabinet recognises the need to recruit more caseworkers in SEN to reduce the current backlogs of work to improve outcomes for children and families.

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227.

Corporate Infrastructure and Regulatory Services Scrutiny Committee - Moving Traffic Offences Spotlight Review pdf icon PDF 1 MB

At its meeting on 22 September 2022, the Corporate Infrastructure and Regulatory Services Scrutiny Committee considered the Report of the Moving Traffic Offences Spotlight Review (Minute 70 refers).

 

This Spotlight Review had been established following the invitation to provide a policy steer on whether adopting the enforcement of Moving Traffic Offences was the right option for the Council.

 

The Report detailed the findings and the recommendations of the Spotlight Review and the Committee RESOLVED (a) that the Spotlight Review Report be approved and the six recommendations contained therein be commended to the Cabinet for approval and implementation; and (b) that, subject to approval of the Report by the Cabinet, a report come to this Committee one year after the introduction of the powers, for Members to review the number of contraventions captured, and number of appeals (including those upheld).

 

The Report is attached.

 

Recommendation

 

(a) that Cabinet acknowledge the findings of the Spotlight Review on Moving Traffic Offences and recommendations of the Report; and

 

(b) that Cabinet ask that the Report being presented to Cabinet in November 2022, on Highway and Traffic Policy Reviews, includes reference to the recommendations from the Report.

Additional documents:

Decision:

RESOLVED

 

(a) that the findings of the Spotlight Review on Moving Traffic Offences and recommendations of the Report be acknowledged; and

 

(b) that the Report being presented to Cabinet in November 2022, on Highway and Traffic Policy Reviews, includes reference to the recommendations from the Report.

Minutes:

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

 

The Cabinet noted that at its meeting on 22 September 2022, the Corporate Infrastructure and Regulatory Services Scrutiny Committee had considered the Report of the Moving Traffic Offences Spotlight Review (Minute *70 refers).

 

This Spotlight Review had been established following the invitation to provide a policy steer on whether adopting the enforcement of Moving Traffic Offences was the right option for the Council.

 

The Report detailed the findings and the recommendations of the Spotlight Review and the Committee RESOLVED (a) that the Spotlight Review Report be approved and the six recommendations contained therein be commended to the Cabinet for approval and implementation; and (b) that, subject to approval of the Report by the Cabinet, a report come to this Committee one year after the introduction of the powers, for Members to review the number of contraventions captured, and number of appeals (including those upheld).

 

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

 

RESOLVED

 

(a) that the findings of the Spotlight Review on Moving Traffic Offences and recommendations of the Report be acknowledged; and

 

(b) that the Report being presented to Cabinet in November 2022, on Highway and Traffic Policy Reviews, includes reference to the recommendations from the Report.

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228.

Question(s) from Members of the Public

Additional documents:

Minutes:

There was no question from a Member of the public.

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229.

Minutes pdf icon PDF 130 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:

Decision:

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

 

Farms Estate Committee – 23 September 2022

Farms Estate (Interviewing) Committee – 26 September 2022

Minutes:

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

 

Farms Estate Committee – 23 September 2022

Farms Estate (Interviewing) Committee – 26 September 2022

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230.

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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231.

Forward Plan pdf icon PDF 165 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:

Decision:

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.

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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