Agenda and minutes

Minutes of the meeting held on 11 July 2018 (previously circulated).

RESOLVED that the minutes of the meeting held on 11 July 2018 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.

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Member responded to two questions from a Member of the Council on PReP (Pre-exposure prophylaxis) Trials in the Devon County Council area and the overall HIV and AIDS figures and trends for the Devon County Council area.

[NB: A copy of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html]

Report of the Head of Planning, Transportation and Environment (PTE/18/41) on the interim scheme for Sherford Main Street and the approval to obtain tenders process, attached.

An Impact Assessment is also attached.

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

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/18/41) on the interim scheme for Sherford Main Street, 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 approval to obtain tenders to undertake construction of the Sherford Main St Interim (SMSi) which ran from the south side of the Deep Lane junction connection to the recently delivered Phase 1 of Main St, north of Elburton Plymouth.  This scheme would deliver an interim road that would form the spine route through the Sherford development and make Sherford accessible to the A38 by the public.

The new road would accommodate development traffic, public transport, pedestrians and cyclists and the developer would need to upgrade the road as the development built out over time.  The SMSi would provide a direct access route into Sherford removing traffic from local roads and accommodate at least ten years of development traffic. 

The Report highlighted that the area to the east of Plymouth was planned to experience significant growth as a result of strategic developments such as the new community at Sherford (to the south-west of the Deep Lane Junction) which would provide 5,500 new homes and 83,000 square metres of employment space.

The proposal was to deliver Sherford Main St interim (SMSi) scheme, providing a spine route through the development from Deep Lane junction to the first phase of Main St as required in the Sherford planning permission.  SMSi would connect Sherford Main Street Phase 1 (being delivered by the Sherford Consortium) to Deep Lane which would link Sherford, Langage and the communities of Plympton, Plymstock and surrounding villages of South Devon. 

On completion, the scheme would reduce traffic on the surrounding minor roads and areas of Plymouth subject to air quality and road safety issues and also be used by public transport and cyclists as a better alternative to the current routes. The design had been developed thorough collaboration with the Sherford Consortium in a way that made the best use of the funding available but could also be adapted for future improvements.  The scheme plan was provided in the Appendix to the report.

The main construction works were anticipated to start in January 2019 and complete by March 2020.

An Environmental Impact Assessment was undertaken for the Sherford development to accompany the planning application which considered the potential for environmental effects to occur as a result of the proposed works, both during construction and after the development was completed.  Where a significant adverse environmental effect was identified, mitigation measures had been developed to reduce, minimise or avoid the impact and further ecological work by the developer had recently been undertaken.

The Cabinet noted that a Construction Environmental Management Plan would be produced to mitigate any environmental impacts as part of the construction process and agreed  ...  view the full minutes text for item 221.

Report of the County Treasurer (CT/18/09) on the Budget Monitoring position at Month 4 for 2018/2019, attached.

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

The Cabinet considered the Report of the County Treasurer (CT/18/09) on the Budget Monitoring position at Month 4 for 2018/2019, 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 Member for Resources Management highlighted that the total overspend at month 4 was forecast at £8.1 millions.

Adult Care and Health services were forecast to breakeven and this position took into account £855,000 of management action yet to be achieved, but assessed as achievable.

Children’s Services were showing a forecast overspend of £8.7 millions, with, in the main, overspending on children’s social care of £5.1 millions. The total overspending in children’s placements forecast was to be £4.1 millions and the Dedicated Schools Grant (DSG) currently forecast to overspend by £3.4 millions, with the High Needs Block of the DSG currently forecast to overspend by £4.9 millions.

Highways, Infrastructure Development and Waste were also forecasting a break-even position at Month 4.

Communities, Public Health, Environment and Prosperity (COPHEP) are showing a forecast overspend of £207,000, the result of the countywide research and intelligence review project.

Corporate Services were forecasting a breakeven position, but this was dependent upon services still delivering management action totalling £517,000, but this was also assessed as achievable.

Non-service items were forecast to underspend by £744,000, mainly due to additional investment income and a one-off underspend associated with a estimate for remedial works being undertaken at Dartington School not fully materialising in the year.

The capital programme for the Council was £149.111 millions, with a year end forecast of £138.75 millions, so slippage of £10.356 millions, in the main, due to scheme variations and programme delays in Highways.

Whilst it was relatively early in the financial year to project with a high level of certainty what the final year end position would be, it seemed that like many other Local Authorities across the Country, the Council was now dealing with with high levels of demand for Children Services with Residential Placements proving particularly difficult to contain within budget and High Needs requirements within Education had also seen a significant increase in the number of places needed. 

The Report highlighted there was time to identify management action in other budgets to try and pull back the projected overspending.

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 County Treasurer’s Report and/or referred to above having been considered:

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

RESOLVED that the Cabinetnotes the forecast overspending of £8.1 millions and acknowledges the need to take action to contain and reduce the projection.

At its meeting on 6 July 2018 (minute *43(a) refers), the South Hams Highways and Traffic Orders Committee considered the issue of parking permits and exemptions for carers in light of issues reported of health & social care professionals having nowhere suitable to park near to client’s homes, exacerbated in the holiday season particularly with increasingly more care being delivered within the local community

The Committee RESOLVED that Cabinet be asked to note that the South Hams HATOC supports a review of exemption parking permits for carers with a countywide approach and asks that Cabinet consider this with a view to it being carried out as soon as possible.

Recommendation

That the Chief Officer for Highways, Infrastructure Development and Waste undertake a review of exemption parking permits for carers, including benchmarking against other local authorities, and that proposals be presented to Cabinet at a future meeting in 2018.

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

The Cabinet noted that, at its meeting on 6 July 2018 (minute 43a refers), the South Hams Highways and Traffic Orders Committee considered the issue of parking permits and exemptions for carers in light of issues reported of health & social care professionals having nowhere suitable to park near to client’s homes, exacerbated in the holiday season particularly with increasingly more care being delivered within the local community.

The Committee had RESOLVED that Cabinet be asked to note that the South Hams HATOC supports a review of exemption parking permits for carers with a countywide approach and asks that Cabinet consider this with a view to it being carried out as soon as possible.

The Cabinet Member for Highways Management supported the proposal to look at the matter further, but said the Cabinet needed to be mindful of potential impacts on the highway network and should also look for lessons learnt elsewhere in the Country.

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

RESOLVED that the Chief Officer for Highways, Infrastructure Development and Waste undertake a review of exemption parking permits for carers, including benchmarking against other local authorities, and that proposals be presented to a future Cabinet meeting, later in the year.

At its meeting on 26^th July 2018, the Teignbridge Highways and Traffic Orders Committee considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/18/57) relating to proposals to install Average Speed Cameras on the A380 South Devon Highway, as supported by Devon and Cornwall Police. Both the Devon and Cornwall Safety Camera Partnership and the Police had commented that enforcement would be beneficial in reducing the traffic speeds on the dual carriageway.

Alternative options had been considered but not recommended, and although there was a significant cost to install the cameras and a yearly maintenance cost, it was considered that that benefits gained offset that cost.

The Committee therefore RESOLVED that the that the principle of the installation of Average Speed Cameras on the South Devon Highway be approved and that the formal approval for funding of the proposal be sought from Cabinet.

Recommendation

That the proposals for the installation of Average Speed Cameras on the A380, with associated changes in signing and any necessary amendments to the Traffic Regulation Order, be formally approved at an estimated cost of £285,000, with the capital costs to be met from the South Devon Highway capital scheme budget and the revenue costs from the highway revenue budget.

(Councillors Biederman, Dewhirst and Hook attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet noted that at its meeting on 26^th July 2018, the Teignbridge Highways and Traffic Orders Committee had considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/18/57) relating to proposals to install Average Speed Cameras on the A380 South Devon Highway. The Committee had RESOLVED that the principle of installation of Average Speed Cameras on the South Devon Highway be approved and that the formal approval for funding of the proposal be sought from Cabinet.

The Cabinet heard that the Devon and Cornwall Safety Camera Partnership and the Police felt that enforcement would be beneficial in reducing the traffic speeds on this dual carriageway.  The cost was £285,000, with annual maintenance of £4,000 and whilst this was a significant cost, it was considered that that benefits gained offset the cost.

The Cabinet Member for Highways Management commented that since the opening of the road, there had been local concern around speed and enforcement with speeding creating added risk to other highway users as well as unwanted noise for those who lived nearby.

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

RESOLVED that the proposals for the installation of Average Speed Cameras on the A380 South Devon Highway, with associated changes in signing and any necessary amendments to the Traffic Regulation Order, be formally approved at an estimated cost of £285,000, with the capital costs to be met from the South Devon Highway capital scheme budget and the revenue costs from the highway revenue budget.

At its meeting on 30^th July 2018, the Exeter Highways and Traffic Orders Committee considered the Report of the Head of Planning, Transportation and Environment (PTE/18/39) on an update on the provision of bus shelters in Exeter provided by Clear Channel under a joint agreement with Devon County Council and Exeter City Council.

The Committee RESOLVED (c) that the Cabinet and Exeter City Council be asked that the net income from the profit sharing agreement with Clear Channel (currently standing at £44, 492) be used solely for additional and improved bus shelters in the City; and (d) that the City Council be requested to permit digital advertising on the bus shelters in the High Street to increase revenues for improved bus shelter provision.

Recommendation

That the Exeter Highways and Traffic Orders Committee request be agreed where there is an identified deliverable scheme. This agreement to be limited to a period of five years and the success reviewed at the end of the period.

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

The Cabinet noted that at its meeting on 30^th July 2018, the Exeter Highways and Traffic Orders Committee considered the Report of the Head of Planning, Transportation and Environment (PTE/18/39) which gave an update on the provision of bus shelters in Exeter provided by Clear Channel under a joint agreement with Devon County Council and Exeter City Council.

The Committee RESOLVED (c) that the Cabinet and Exeter City Council be asked that the net income from the profit sharing agreement with Clear Channel (currently standing at £44,492) be used solely for additional and improved bus shelters in the City; and (d) that the City Council be requested to permit digital advertising on the bus shelters in the High Street to increase revenues for improved bus shelter provision.

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

RESOLVED that the Exeter Highways and Traffic Orders Committee request be agreed where there is an identified deliverable scheme. This agreement will be limited to a period of five years and the success reviewed at the end of the period.

Report of the County Solicitor (CSO/18/25) on the Notices of Motion referred to the Cabinet by the County Council on 19 July 2018, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised.

(a)        Outsourcing and Devon County Council Contracts

(b)        Badger Culling and DCC Property

(c)        Dorset & East Devon National Park

(d)        Road Repairs and Skansa Contract

(e)        Community Hospital Buildings

(f)         Universal Credit

(g)        Environmental Protection                   

(a)        Outsourcing and Devon County Council Contracts

(Councillor Atkinson attended in accordance with Standing Order 8 and Councillors Biederman, Brazil and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

This Council is concerned that outsourcing Devon County Council (DCC) contracts can reduce financial flexibility and the ability to respond to changes in policies and facilitate effective cross department working across interrelated DCC services in complex areas like the health and wellbeing of children. Accordingly, DCC can no longer afford to be locked into long term, difficult if not impossible to vary contractual schemes for services like Children and Mental Health if it wishes to remain responsive to the needs of Children from birth to age 25.

In view of cross party concern to fully and effectively integrate cross department working in children’s health and mental health services and education Devon County Council should bring back key services in-house and manage them in the wider public interest including value for money (defined broadly to include effects on public revenues and community wellbeing at large) and social value tests.

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally suggested and raised further concerns over the potential fragmentation of Children’s Services.

Members considered the Officer’s factual briefing note on the matter which referred to the responsibilities for the provision of wellbeing services for children and the CCG’s having a greater share of national policy obligations and also their support for the recommendation now before the Cabinet, and to actions now proposed and already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact):

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

RESOLVED that the Council be asked to note the continued commitment and investment in joint arrangements for the commissioning of mental health services for children.  The Council will continue to use its influence as a key partner in strategic and commissioning arrangements to further improve mental health services for children. 

(b)        Badger Culling and DCC Property

(Councillor Atkinson attended in accordance with Standing Order 8 and Councillors Whitton and Wright attended in accordance with Standing Order 25(2) and spoke to this item).

The Council will not permit badger culling to take place on property owned by the County Council and calls for the badger cull to be ended throughout Devon; due to the scientific consensus that it is ineffective and is therefore cruel and unnecessary.

The Council calls on DEFRA to begin a nationwide vaccination programme of badgers, which initial studies show to be highly effective in preventing the spread of bTB.

With the TB vaccine becoming available again, the Council calls on  the government to instead invest in the development of cattle vaccine, more effective TB tests and introduce other measures to improve farm biosecurity as a vital part of effectively controlling bTB such as effective cattle  ...  view the full minutes text for item 226.

In accordance with the Council's Public Participation Rules, the Leader responded to one question from a Member of the public on recent Government developments in shale gas exploration, making representations to Government and the position of the Council in responding to two recent consultations.

The questioner was not present at the meeting, but a copy of the response would be forwarded to them.

[NB: A copy of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html]

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

[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

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

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

RESOLVED that the Minutes of the following and any recommendations to Cabinet therein be approved including endorsement of minute 18 of the Devon and Exeter Rail Project Working Party in relation to its future operation and structure.

Devon and Exeter Rail Project Working Party – 13 July 2018

Farms Estate (Interviewing) Committee – 23 July 2018

Farms Estate Committee – 3 September 2018

The Registers of Decisions taken by Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  A summary of such decisions taken since the last meeting is attached.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers were available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012; a summary of decisions taken since the last meeting had been published with the Agenda for this meeting. Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council’s Scheme of Delegation set out in Part 3 of the Council’s Constitution may be viewed at  https://new.devon.gov.uk/democracy/officer-decisions/

In accordance with the Council’s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting.

[NB: The Forward Plan is available on the Council's website at:http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0&bcr=1 ]

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (at http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0)