Agenda and minutes

Minutes of the meeting held on 9 January 2019 (previously circulated).

RESOLVED that the minutes of the meeting held on 9 January 2019 be signed as a correct record.

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

There was no item raised as a matter of urgency.

There was no announcement by the Chair at this meeting.

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

There was no question from a Member of the Council.

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to two questions from Members of the public. The first related to the widening of the A382 and the space available on the east and west side of the road. The second question asked about data, opinions and public consultation that had been used to inform the east option, now put forward for decision later on the agenda.

The responses would be forwarded to the Members of the public who were not present at the meeting.

[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 County Treasurer (CT/19/5) on the Council’s Budget for 2019/2020, attached.

The Cabinet will accordingly consider:

·         Cabinet Service Budgets 2019/2020, attached separately.

·         Scrutiny Budget Recommendations, (CSO/19/8), attached.

·         Budget Consultation Meetings (CSO/19/7), attached.

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

The Cabinet considered and had regard to:

(i) the Report of the Chief Executive (CSO/19/7) summarising the outcomes of and comments/observations made at consultation meetings with representatives of Devon’s Business Community, Trades Unions, representatives of Older People and the Voluntary Sector;

(ii) the discussions of the Council’s Scrutiny Committees held on 21^st, 24^th and 29^th January 2019, the recommendations being summarised and attached to this agenda (CSO/19/8);

(iii) a revised 2019/20 Budget Impact Assessment, circulated to all Members of the Council prior to the meeting and available at https://new.devon.gov.uk/impact/budget-2019-2020/ alongside specific quality impact assessments referred to therein and undertaken as part of the budget’s preparation;

(iv) the Report of the County Treasurer (CT/19/5) (also circulated prior to the meeting in line with Regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012)) on the Revenue Budget for 2019/20, Medium Term Financial Strategy to 2022/23 and Capital Strategy 2019/20 to 2023/24, including an assessment of the adequacy of reserves, a range of prudential indicators concerning the financial implications of the capital programme and an assessment that identified risks associated with the budget strategy, together with how the risks would be managed.  This year, for the first time, there was a requirement to prepare a Capital Strategy in line with the CIPFA Prudential Code for Capital Finance in Local Authorities 2017 and this was also included.

The Cabinet noted the role of the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 29^th January 2019 (Minute *108) in reviewing and endorsing the Report of the County Treasurer (CT/19/7) on the Treasury Management and Investment Strategy for 2019/20, which had outlined the Council’s policies in relation to: the management of the Council’s cashflows, its banking, money market and capital market transactions; borrowing and investment strategies; monitoring of the level of debt and funding of the capital programme, noting that it had been prepared in line with the CIPFA Code of Practice and reviewed in light of the revised code and revised Treasury Management Practices (TMPs). 

The Corporate Infrastructure and Regulatory Services Scrutiny Committee further reviewed the Capital Strategy 2019/20 – 2023/24 (Minute *107) in view of the new requirement to prepare such a document in line with the CIPFA prudential Code for Capital Finance in Local Authorities 2017.  The Committee endorsed the Report of the County Treasurer (CT/19/8) subject to the concerns raised by the County Treasurer regarding the revenue budget and the lack of any long-term financing from Government, the identification of external funding sources being included within the Report; and options appraisals being carried out prior to capital investment.

The budget book contained details of the County Council’s revenue and capital budgets together with associated financial and operational information.  The Council’s financial plans were drawn up with reference to the Council’s major policies and objectives, performance frameworks, demographic changes, consultation  ...  view the full minutes text for item 300.

Report of the Head of Education and Learning (CS/19/5) seeking approval to the Admission & Education Transport Policies for 2019-20 and 2020-21, attached.

The policies are also attached, with changes annotated in red:

•           Proposed 2019-20 In Year Co-ordinated Admissions Scheme;

•           Proposed 2020-21 Normal Round Admissions Scheme;

•           Proposed 2020-21 Education Transport Policy; and

•           Proposed 2020-21 Post-16 Education Transport Policy.

All policies for consideration have been subject to an Equality Impact Needs Assessment, at www.devon.gov.uk/admissionarrangements

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

The Cabinet considered the Report of the Head of Education and Learning (CS/19/5) on the approval to Admission & Education Transport Policies for 2019-20 and 2020-21, 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 proposed policies, highlighted below, were attached to the agenda with changes annotated in red;

•           Proposed 2019-20 In Year Co-ordinated Admissions Scheme;

•           Proposed 2020-21 Normal Round Admissions Scheme;

•           Proposed 2020-21 Education Transport Policy; and

•           Proposed 2020-21 Post-16 Education Transport Policy.

Cabinet were also being asked to approve the published admission numbers for community and VC schools (appendix 1), catchment areas for community and VC schools for 2020/2021 (appendix 2) and the admissions cycle timetable drawn up for the following year’s admissions at appendix 3.

The Local Authority (Devon LA) had a statutory responsibility to propose, consult on and determine admission arrangements for community and voluntary controlled (VC) schools and co-ordinated admission schemes for the normal round of admissions to all state-funded schools. Consultation in Devon was held ahead of the statutory deadline for annual determination by Cabinet. Schools that were their own admissions authority were responsible for their own arrangements and determined by the schools themselves.

This Report highlighted the outcome of the consultation on primary and secondary school admission arrangements for 2020-21 and the co-ordination of primary and secondary school admissions and to seek approval to the schemes. Admission to special schools and fee-paying independent schools was not included.

All policies were published at http://devon.cc/lapolicies and the changes annotated within the Reports attached to the agenda.

The Cabinet noted that the proposed admission arrangements had been consulted upon by the Local Authority, for community and voluntary controlled schools for which it was the admissions authority and on the proposed co-ordinated admission schemes for primary and secondary schools.

The number of responses received was low although a number of responses were received with regard to specific, local admissions issues, detailed at www.devon.gov.uk/admissionarrangements. This was in common with neighbouring Local Authorities.

Part of the co-ordinated admission arrangements included the Fair Access Protocol which provided for vulnerable children who otherwise would be out of school. It was continually reviewed and whilst there were no amendments to the Protocol since last year, further work was planned which would focus on learners who were ready to be reintegrated from Alternative/Medical Provision.

The Report also outlined the procedures in relation to those schools in Devon responsible for their own admissions policy and decisions in response to admissions applications which included academy, free, studio, voluntary aided and foundation schools and university technical colleges (UTCs).  Devon met the requirement under the School Admissions Code to collate and publish the admission arrangements of all schools. Furthermore, Local Authorities should review the policies of all schools to ensure that they were legally compliant. Where any identified practices  ...  view the full minutes text for item 301.

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HID/19/7), seeking approval  to increase the 2018/19 Highways, Infrastructure Development and Waste (HIDW) capital programme with the additional funding received by the Government, attached.

(Councillors Connett, Dewhirst, Hannaford, Hodgson, Prowse and Whitton 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/19/7) which sought approval to increase the 2018/19 Highways, Infrastructure Development and Waste (HIDW) capital programme with the additional funding received by the Government.  The Report also clarified how the Council proposed to allocate the funding and was 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 highlighted the announcement from the Chancellor of the Exchequer in November 2018, that Government was allocating £420 million in the 2018/19 financial year for local highways maintenance, including the repair of potholes, to keep local bridges and structures open and safe, as well as to aid other minor highway works that might be needed. The Council’s share was £18.754 million, in addition to the £41.132 million included in the County Road highway maintenance capital programme (Cabinet report (HIW/18/20) 11 April 2018).

The Department for Transport expected local authorities to make available on their website by the end of March 2019 details of how original funding and this new extra funding had been utilised. A selection of schemes needed to be published with pictorial evidence showing ‘before’ and ‘after’ photographs of works undertaken.

The Report outlined the proposal to allocate the new funding across the following programmes of the highways and structures capital programme.

The Report outlined the data used to generate a list of schemes and how these might be prioritised, including taking into account future road conditions and the role of the Asset Management Plan.

The overall programme had been identified and programmed for delivery through a range of highway contractors and there was sufficient capacity in the market to complete the works during the remainder of the financial year. The Report also highlighted how the Council would ensure that all electoral divisions benefitted from the funding with the Cabinet noting that officers would work with elected members to propose and agree how a minimum of £60,000 would be allocated within each division.

The Cabinet Member for Highways Management commented that the additional funding provided a welcome injection of funding and would help in providing a value for money approach in reducing the backlog of repairs required to maintain and operate the highway network more effectively. 

The recommendation proposed enabled the Council to take best advantage of the funding allocation and minimised disruption to the current programme and by taking a longer-term approach, all localities would see benefits and the funding used in an effective way to address the backlog of highway and structures repairs.

Members also noted that a copy of  ...  view the full minutes text for item 302.

Report of the Head of Planning, Transportation and Environment (PTE/19/8), seeking approval to proceed with land acquisition, side roads orders and a tender exercise for a scheme to widen the existing footway and highway between Whitehill Close and Churchills Roundabout on the A382, Newton Abbot, attached.

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

(Councillors Hannaford, Hodgson and J Hook 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/19/8), which sought approval to proceed with land acquisition, side roads orders and a tender exercise for a scheme to widen the existing footway and highway between Whitehill Close and Churchills Roundabout on the A382, Newton Abbot, the Report having 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 scheme was based upon achieving delivery of development to the west of Newton Abbot, improved safety on the A382 and the encouragement of the use of sustainable modes of transport.

The Report outlined the current issues in terms of the existing road having poor alignment, high traffic flows, poor facilities for pedestrians or cyclists, a higher than average (17%) collision rate including a fatality in 2012, narrow footways and a need to improve cycle routes. It further highlighted that Teignbridge District Council’s adopted Local Plan set out proposed residential and employment developments in the area between 2013 and 2033 including a large amount of development to the west of Newton Abbot, including Whitehill, Forches Cross and Houghton Barton, all of which had direct access onto the A382.

The Report described the scheme in detail, for example, widening of the highway to 6m, widening of the footway to a 3.5m shared pedestrian and cycle path and a new pedestrian refuge island to the north of Whitehill Close. The improvements were one phase of the wider A382 Corridor Improvement scheme which included realignment and widening of the A382 and a new shared pedestrian and cycle path between Drumbridges roundabout and Whitehill Cross. 

It further highlighted the outcome of the public consultation which was undertaken between Friday 5 October and Friday 2 November 2018. The majority of responses received were positive towards the scheme (62%). Negative responses received (38%) related to value for money, traffic disruption and safety concerns for pedestrians and cyclists using the proposed facilities.

Private land belonging to six land owners was required for this scheme and the Council would attempt to acquire the land through negotiation.  The amount of land required would have an impact on the rear gardens of the six houses and bring the road closer to the properties.

The Scheme was estimated to cost £2.4m, the funding likely to come from several sources, including The Local Transport Plan, The Heart of the South West Local Enterprise Partnership and developer contributions through Teignbridge District Council’s Community Infrastructure Levy.

The Head of Services Report incorporated an Impact Assessment, circulated for the attention of Members at the meeting, which highlighted the positive impact that the scheme would have on pedestrians and cyclists with the provision of a new shared pedestrian and cycle path and improved pedestrian access from Whitehill Close to bus services on the A382, enabling sustainable  ...  view the full minutes text for item 303.

At its meeting on 29 January 2019, the Corporate Infrastructure and Regulatory Services Scrutiny Committee considered the Report of the  Planned & Reactive Maintenance: Potholes and Drainage Task Group (Minute *110 refers) and the recommendations contained therein. 

The Committee noted an internal website should be available shortly to provide information on highways works and historic information and also that raising awareness through the Highways and Traffic Orders Committees at Recommendation 1b would alleviate issues around communication.

The Corporate Infrastructure and Regulatory Services Scrutiny Committee RESOLVED that the Task Group Report be commended to the Cabinet.

Recommendation

(a) that the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for its Task Group Report and the recommendations be endorsed; and

(b) that the relevant Cabinet Member and Chief Officer for Highways, Infrastructure Development and Waste be asked to take forward the Report and progress / co-ordinate the recommendations contained therein, engaging other partners and contractors as necessary.

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

The Cabinet noted that at its meeting on 29 January 2019, the Corporate Infrastructure and Regulatory Services Scrutiny Committee considered the Report of the Planned & Reactive Maintenance: Potholes and Drainage Task Group (Minute *110 refers) and the recommendations contained therein. 

The Committee heard that an internal website should be available shortly to provide information on highways works and also historic information. They also noted that raising awareness through the Highways and Traffic Orders Committees at Recommendation 1b would alleviate issues around communication.

The Corporate Infrastructure and Regulatory Services Scrutiny Committee had RESOLVED that the Task Group Report be commended to the Cabinet.

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

RESOLVED that

(a) the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for its Task Group Report and the recommendations be endorsed; and

(b) the relevant Cabinet Member and Chief Officer for Highways, Infrastructure Development and Waste be asked to take forward the Report and progress / co-ordinate the recommendations contained therein, engaging other partners and contractors as necessary.

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 Hodgson 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:

Devon and Exeter Rail Project Working Party – 19 January 2019

Devon Education Forum – 23 January 2019

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)

This included an item on the Teign Estuary Trail strategy update and approval to progress a planning application for the route which had been recently added to the published plan on the web, to be considered at the March meeting.