Agenda and minutes

Minutes of the meeting held on 10 April 2019 (previously circulated).

RESOLVED that the minutes of the meeting held on 10 April 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.

In accordance with the Cabinet Procedure Rules, the Leader and relevant Cabinet Member responded to two questions from a Member of the Council on the cost of Ash Die Back and lobbying Government and Devon MP’s for a scheme of financial assistance and the superfast broadband programme rollout to rural areas.

[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 and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below]

Report of the County Treasurer (CT/19/45) on the Revenue and Capital Budget Outturn position for 2018/2019. The Report is attached as a supplement.

(Councillors Connett, 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/19/45) 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 on the outturn position for 2017/2018.

The Cabinet noted that Members had received regular budget monitoring reports throughout 2018/19 in which budget pressures and risks had been identified, the most significant relating to Children’s Services, with overspending steadily increasing to £12.0 millions at month ten (January 2019). With a package of measures proposed, Cabinet (in November 2019) agreed the proposed measures to offset the overspending. In March 2019, the overall position was back in balance and the year-end position now forecast to break-even. 

The overspending in Children’s services was £9.8 millions and the overall authority position, after transfers to and from Reserves, was a small underspend of £63,000.  Detailed explanations of the final financial position for each service area were given in section two of this Report, but high level details included:

·         Adult Care and Health Services - overall net underspend of £686,000 after taking into account carry forward requests;

·         Children’s Services - overspend of £9.8 millions;

·         Communities, Public Health, Environment and Prosperity - overall underspend of £1.7 millions after taking into account grants and contributions carry forward and other carry forward requests;

·         Corporate Services - overall underspend of £590,000 after taking into account grants and contributions carry forward and any other carry forward requests; and

·         Highways and Traffic Management - underspend of £2.4 millions generated, largely through a focus on long-term preventative works that had been funded from the capital programme.

The Report further outlined the position with the Better Care Fund, General Balances and Earmarked Reserves.

Cabinet also noted that the Council along with the other Devon authorities, was selected by Government to join its Business Rate Pilot for that year. This enabled £11.6 millions to be made available for invest to save initiatives within Children’s Services.  These would be implemented over a four-year timescale and whilst £11.5 millions remained unspent, it had been transferred to a dedicated Earmarked Reserve for future years.

The change to the Minimum Revenue Provision policy agreed by County Council in February had, as planned, delivered a saving of just under £4 millions.  Also, a review of the Balance Sheet enabled just under £3 millions to be released from the Financial Instruments Account to the revenue account.  This, along with the late notification by Government of its intention to release the Business Rates Levy surplus in 2018/19 enabled £8.2 millions to be added to the Budget Management Reserve. 

The mild and storm-free winter meant that the Bellwin emergency budget was not required and £250,000 had been used to create a Climate Change Emergency Reserve and the balance added to the Emergency Reserve to enhance resilience to future events.  Details of the overall Reserves position were contained in section five of this  ...  view the full minutes text for item 346.

Report of the Head of Planning, Transportation and Environment (PTE/19/19) requiring approval to construct Moor Lane Improvements, Exeter, attached.

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

(Councillors Connett, Hannaford and Whitton 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/19/19) seeking approval to construct the Moor Lane Improvements, Exeter. This 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 Cabinet noted that the Moor Lane junction, on the east of Exeter, experienced congestion on most of the approach arms during peak periods due to a mix of through traffic and traffic leaving Sowton Industrial estate.  This proposed scheme aimed at relieving this congestion as well as being identified in the Council’s Transport Infrastructure Plan, Exeter City Core Strategy and East Devon Local Plan as one of the measures required to accommodate the Exeter and East Devon Growth Point.

The Moor Lane roundabout improvement, along with Park and Change at the Science Park, and Exeter Cycle routes, formed the East of Exeter National Productivity Investment Fund (NPIF) package.  The NPIF package was part grant-funded by the Department for Transport and an additional £618,500 of grant funding towards Moor Lane roundabout had been secured from the Highways England Growth and Housing Fund.

The proposed improvements were to widen the Moor Lane approach (from Sowton Industrial estate) to provide an additional lane into Moor Lane Roundabout and increase vehicular capacity at the junction.  The northbound exit of the Ambassador Drive / Emperor Way would be widened for a short length to safely provide for the movement north onto Ambassador Drive/Cumberland Way.  The lane markings on the Honiton Road westbound approach and circulatory would also be amended to permit two lanes to turn right into Ambassador Drive and reduce the queuing that occurred on this approach.

Facilities for pedestrians and cyclists would also be enhanced including localised widening of shared use paths, removal of current obstructions and widening of the refuge islands on the western arms of the Emperor Way and Oberon Road roundabouts.

An overview of the design for the Moor Lane Improvement Scheme was shown in Appendix A, with Appendices B1, B2 and B3 showing the 3 main areas of works in greater detail as well as being described in full in the Report.  

Also highlighted was the consultation processes that had taken place both as part of the Local Plans for Exeter and East Devon District Council which had been scrutinised through the Examination in Public process and that information on the proposed design was sent to local businesses, Chamber of Commerce and key stakeholders in early March 2019.

The overall construction cost of the proposal was estimated at £2,226,578 to be funded as £692,786 from NPIF grant, £618,520 grant received from Highways England Housing and Growth Fund and £915,272 from S106 contributions received from Hill Barton Farm (£750,000 plus indexation).

The Cabinet noted that ecological surveys had been undertaken for areas where trees needed to be removed and vegetation cleared, and no  ...  view the full minutes text for item 347.

Report of the Head of Planning, Transportation and Environment (PTE/19/20) regarding the A361 North Devon Link Road seeking various approvals in relation to Pedestrian Cycle Crossings at Bishops Tawton and Landkey and Advance Planting Works, attached.

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

(Councillors Edgell, Hannaford, Whitton and Yabsley 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/19/20) seeking various approvals in relation to Pedestrian Cycle Crossings at Bishops Tawton and Landkey and Advance Planting Works (North Devon Link Road), 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 followed the Cabinet Report of 11 July 2018 regarding the A361/A39 North Devon Link Road (NDLR) project.  Since then, planning permission for the main works had been granted and the objection period for compulsory purchase order for land had now passed without objection. 

The next major milestone was tendering and the appointment of a contractor which represented a significant achievement for the main scheme.  However, to remain on programme some advance planting needed to be undertaken in 2019; to achieve a 12-month establishment period prior to the start of works in November 2020.

In addition, further consultation had been undertaken regarding provision of two further segregated pedestrian cycle facilities at both Bishop’s Tawton junction and at Landkey junction in addition to the main scheme and a preferred option for a facility at each location had been reached.

The Report then outlined each of the proposals in detail. In relation to the Advanced Planting Contract, a tender process had been undertaken and a preferred contractor identified.  The total cost of the works was estimated to £500k which was in line with the overall scheme cost estimates previously produced.  The Cabinet noted that advance works such as these had to be funded by the Council from its capital fund. 

The Segregated Pedestrian & Cycling Facility at Bishop’s Tawton Roundabout proposals were consulted upon between 12 October 2018 and 23 November 2018.  The report could be found at https://www.devon.gov.uk/ndlr/project-documents. The responses provided valuable insight to the impact of the proposals and several suggestions for improvements to the design. The recommendation for an underpass placed to the west of the roundabout remained the preferred option with designs for the recommended underpass option and an indicative design of the rejected overbridge option were shown as an Appendix to the Report. The Report also explained the additional recommendations as part of the scheme. A final layout with a 3D flythrough was available on the scheme website (https://www.youtube.com/watch?v=2h26YXYamTA&feature=youtu.be). Residents had suggested that a planning application for the scheme should be submitted giving stakeholders further opportunity to comment, particularly on any environmental impacts associated with the scheme. 

With regard to the segregated Pedestrian & Cycling Facility at Landkey Junction, suggestions raised by Landkey Parish Council were reviewed and it was subsequently agreed that a segregated crossing here would be in-line with the Council’s ambition to segregate, where possible, all pedestrian movements from the live carriageway for safety reasons.

The Report outlined the programme of works. With the advanced planting, this was planned to commence  ...  view the full minutes text for item 348.

Report of the Head of Planning, Transportation and Environment (PTE/19/21), seeking approval and authority to go to tender on the Western Road, Ivybridge Parking Relocation scheme, attached.

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

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/19/21) seeking approval and authority to go to tender on the Western Road, Ivybridge Parking Relocation scheme, 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 Western Road in Ivybridge was the main arterial entry and egress from the town which currently suffered from congestion and was an Air Quality Management Area (AQMA).  A public consultation was held from 14 January 2019 to 3 March 2019 to consider a scheme which relocated the existing on-street car parking on Western Road, Ivybridge to alleviate these problems. 

The scheme proposal was to introduce double yellow lines where parking was removed on Western Road.  The 22 on-street car parking spaces would be relocated to the verge between Wayside and Western Road.  A footway would be provided as well as a new footway to connect to the Western Road footway.  The new spaces would be retained in the existing Ivybridge zone ‘C’ permit area. The Report further outlined the proposals for the northern footway along Western Road and Marjorie Kelly Way roundabout, zebra crossings etc which would improve the environment for pedestrians. In addition, proposals for the reduction of the new Western Road carriageway to provide the space for footway widening. A preliminary scheme plan was provided in Appendix I to the Report.

The consultation process was outlined in full and 102 questionnaires had been received showing overall support for the need to improve traffic flow along Western Road (77% agreeing with this).  A Public Consultation Report had been prepared and was available on the website. This outlined responses in terms of parking layout, the permitting and management options of parking spaces, the potential relocation of the Rose Cottage westbound bus stop and design amendments.

The overall construction cost of the proposal was estimated at approximately £450,000, however, the scheme would not commence until the package of funding had been confirmed and agreed with the County Treasurer.

The Cabinet noted that the key objective was to improve the air quality of the Western Road AQMA through improved traffic flow and increasing the attractiveness of walking and facilities for a range of other users, allowing better access to the town centre, discouraging short distance vehicle trips, reducing carbon emissions and improving air quality in the area.

The Head of Service’s Report incorporated an Impact Assessment which had been circulated for the attention of Members at this meeting https://www.devon.gov.uk/impact/western-road-ivybridge/. There were many positive impacts that the proposal would achieve such as those highlighted above, however the Impact Assessment referred to those negative impacts that may be realised such as potential increased speeds, short term traffic management issues during construction, cars parked further away from homes and the relocation of one disabled bay further away from the registered property. No unimaginable consequences had been identified.

The Report further outlined the risk management considerations  ...  view the full minutes text for item 349.

In considering the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/42) relating to Residents Parking Extensions in Duryard & Pennsylvania, the Exeter Highways and Traffic Orders Committee Committee at its meeting on 9^th April 2019 had RESOLVED (Minute 98 refers) ‘(c) that a new Residents Parking Zone for Horseguards be supported, but in view of the proposal not being fully compliant with current Council policy, Cabinet be asked to consider and determine the proposal’.

Recommendation

That Cabinet agrees to implement the scheme as advertised, extending the existing Residents Parking Zone H to encompass Horseguards, funded by developer contribution.

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

The Cabinet noted that the Exeter Highways and Traffic Orders Committee, at its meeting on the 9^th April, in considering the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/42) relating to Residents Parking Extensions in Duryard & Pennsylvania, had RESOLVED (Minute 98 refers); ‘(c) that a new Residents Parking Zone for Horseguards be supported, but in view of the proposal not being fully compliant with current Council policy, Cabinet be asked to consider and determine the proposal’.

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

RESOLVED that Cabinet agrees to re-advertise a traffic order with a separate Residents Parking Zone for Horseguards.

Report of the Chief Officer for Communities, Public Health, Environment and Prosperity, presenting the Public Health Annual Report for 2018/19, circulated separately for Members of the Committee.

A covering Report is attached to the agenda and the annual report is a separate document, available on the website.

(Councillors Connett, Hannaford 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 Communities, Public Health, Environment and Prosperity (PH/19/01), presenting the Public Health Annual Report for 2018/19, which was available on the website.

The Cabinet noted that the Director of Public Health had a statutory duty to write an annual report, and the local authority has a statutory duty to publish it (section 73B [5] & [6] of the 2006 NHS Act, inserted by section 31 of the 2012 Health and Social Care Act).

The Annual Public Health Report was the twelfth in a series of annual reports on the health of the population of Devon which began in 2007/08.  Each Report covered the general health of the population of Devon; increasingly the detail about health and wellbeing could be found in the annual Joint Strategic Needs assessment available at:  www.devonhealthandwellbeing.org.uk/jsna.

The current Report focussed on the mental health and wellbeing of the population.  It was recognised that the same priority should be given to mental health as physical health in terms of prevention, early intervention, treatment and rehabilitation.

Health inequality persisted and similarly existed between physical and mental health.

There were ten recommendations set out in the report:

1.     Communities in Devon adopting a positive approach to mental health, recognising how common mental health issues were among the population;

2.     Promotion of mental health and wellbeing in schools and educational settings;

3.     Wider recognition of, and action to address, the inequality that existed for people with serious mental health issues in terms of physical health, employment and housing;

4.     Recognition of, and action to address the mental ill-health risks associated with poverty, poor housing and lack of decent employment;

5.     Ensuring that a ‘Health in all policies” approach embraced mental health as well as physical health;

6.     Action to prevent, recognise and treat the symptoms of trauma (including as a result of adverse childhood experiences) to prevent inappropriate and/or ineffective use of resources, whether they be health, social care or criminal justice;

7.     Sufficient expert support available within community settings to complement national and local developments in home-based and community-based care;

8.     Recognition of the importance of formal and informal caring responsibilities at all ages and information and practical support for carers, particularly in the light of the potential impact of caring on carers’ own mental health and wellbeing;

9.     Implementation of the recommendations of the fifth annual MBRRACE-UK (‘Mothers and Babies: Reducing Risk through Audits and Confidential Enquiries’) report, particularly those concerning maternal mental health and women from vulnerable groups; and

10.  The Devon Health and Wellbeing Board continued to have mental health as one of its top priorities and to work, as a partnership, to achieve both measurable improvements in outcomes and also improvement in local authority comparator group rankings over the next five years.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g.  ...  view the full minutes text for item 351.

In accordance with the Council's Public Participation Rules, the Leader responded to one question from a Member of the public on the announcement by the Committee for Climate Change and lobbying of the Government by the Council.

The Member of the public was not at the meeting; therefore 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 and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below]

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 ]

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

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)