Agenda and minutes

Minutes of the meeting held on 15 January 2020 (previously circulated).

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

RESOLVED that the minutes of the meeting held on 15 January 2020 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.

The Chair welcomed Mrs Mayes who was attending the Cabinet meeting in her capacity of co-opted member of the Council’s Standards Committee to monitor compliance with the Council’s ethical framework.

The Chair exercised his discretion in varying the order of business of the meeting and brought agenda item 10 (questions from members of the public) forward to be taken immediately following item 6.

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

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Member responded to 1 question from a Member of the Council on progress and an update on the situation at Appledore Shipyard (negotiations, business plan, work programme, leadership and funding, roles and responsibilities and expected reopening date).

The Cabinet Member responded orally to the supplementary question arising from the above.  

[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 Public Participation Rules, the relevant Cabinet Members responded to 8 questions from Members of the public on the following issues;

·         Safer cycling routes, the South Devon Cycle Link petition and incorporation of a direct route via Littlehempston into the Council’s Cycle and Multi Use Trail Strategy;

·         Bulliver Bridge Crossing and why the bridge was closed to the public;

·         Zero Carbon Target’s and Cycle Path from Totnes;

·         Opening of the Bulliver bridge and fulfilment of intended purpose and use by the local community;

·         Discussions with South West Water, security assessments and Bulliver Bridge;

·         Funding in relation to new cycle paths in the South Hams and safe cycle access from Totnes to Staverton and Littlehempston;

·         Reducing reliance on cars, Bulliver Bridge and car-free options; and

·         Campaign to share Bulliver bridge, local support and addressing security concerns.

A copy of the questions and answers would be forwarded to those 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 and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below]

Report of the County Treasurer (CT/20/19) on the Council’s Budget and Cabinet Service Budgets for 2020/2021, will follow.

The Cabinet will accordingly also consider the outcome of the Budget Consultation Meetings (CSO/20/04) and the Scrutiny Budget Recommendations (CSO/20/05).

(Councillors Biederman, Dewhirst, Greenslade and Hannaford 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/20/04) 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 20^th, 23^rd and 28^th January 2020, the recommendations being summarised and attached to the agenda (CSO/20/05);

(iii) a revised 2020/21 Budget Impact Assessment, which had been circulated to all Members of the Council prior to the meeting and available at https://www.devon.gov.uk/impact/budget-2020-2021/ undertaken as part of the budget’s preparation;

(iv) the Report of the County Treasurer (CT/20/19) (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 2020/21, Medium Term Financial Strategy to 2023/24 and Capital Strategy 2020/21 to 2024/25, 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. The budget book contained details of the County Council’s revenue and capital budgets together with associated financial and operational information. 

The Cabinet noted the role of the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 28^th January 2020 (Minute *171) in reviewing and endorsing the Report of the County Treasurer (CT/20/18) on the Treasury Management and Investment Strategy for 2020/21, prepared in accordance with the revised Treasury Management Policy Statement and revised CIPFA Code of Practice for Treasury Management. The Treasury Management and Investment Strategy set out the minimum revenue provision (MRP) policy, capital expenditure funding, prudential indicators, the current treasury position, debt and investments; prospects for interest rates; the borrowing strategy; and the investment strategy.

The Committee had commended the Treasury Management Strategy 2020/21 to the Cabinet.

The Cabinet noted that the Council’s financial plans had been drawn up with reference to the County Council’s major policies and objectives, the County Council’s performance framework, demographic changes occurring within the County; and consultation with local residents, businesses and other stakeholders.

The final Local Government financial settlement for 2020/21 represented an increase on 2019/20 of 1.6%. The Final Settlement had been confirmed at £103.2 millions which was an increase of £1.7 millions on 2019/20. 2020/21 was expected to be the start of a new multi-year funding settlement that incorporated the outcome of a new Comprehensive Spending Review, Fairer Funding Review and Business Rate Changes - this had not happened and the settlement for 2020/21 was for one year only and there was no information on what the authority's funding would be for 2021/22 and beyond.

The authority was experiencing significant demand and cost pressures within Social Care services, but the most significant concern was within  ...  view the full minutes text for item 462.

Report of the Head of Education and Learning (CS/20/04) seeking approval to the Admission & Education Transport Policies for 2020-21 and 2021-22, attached.

The proposed amendments to each policy are outlined in the Report, but the full policies can be viewed from the links in the Report, with changes annotated in red:

·         Published Admission Numbers for community and VC schools for 2021-22 (Appendix One)

·         Catchment areas for community and VC schools for 2021-22 set (Appendix Two)

·         Admissions timetable for the next year (Appendix Three)

·         Normal Round Co-Ordinated Admissions Scheme for 2021-22 (Appendix 4)

·         In-Year Co-Ordinated Admissions Scheme for 2020-21 (Appendix 4)

·         Education Transport Policies (Education Transport Policy and Post-16 Education Transport Policy) for 2021-22 (Appendix 5)

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

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

(Councillor A Davis declared a disclosable pecuniary interest in this matter by virtue of payment for post 16 transport to a local school).

The Cabinet considered the Report of the Head of Education and Learning (CS/20/04) on the approval to Admission & Education Transport Policies for 2020-21 and 2021-21, 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 amendments to each policy were outlined in the Report, but the full policies could be viewed from the links in the Report or found at http://devon.cc/lapolicies, with the changes annotated in red.

Cabinet were being asked to approve the following;

·         Published Admission Numbers (PAN) for community and VC schools for 2021-22 (Appendix One)

·         Catchment areas for community and VC schools for 2021-22 set (Appendix Two)

·         Admissions timetable for the next year (Appendix Three)

·         Normal Round Co-Ordinated Admissions Scheme for 2021-22 (Appendix 4)

·         In-Year Co-Ordinated Admissions Scheme for 2020-21 (Appendix 4)

·         Education Transport Policies (Education Transport Policy and Post-16 Education Transport Policy) for 2021-22 (Appendix 5)

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 2021-22 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 outside the of scope these arrangements.

The number of responses received remained low. Devon’s arrangements had been consistent for a number of years with substantive amendments being introduced gradually and with consultation and feedback from schools suggested they were largely content with matters such as oversubscription criteria, Published Admission Numbers, catchment areas and the application process. A number of responses were received with regard to specific, local admissions issues, detailed at www.devon.gov.uk/admissionarrangements which was in common with neighbouring Local Authorities.

In previous years, the Education Transport Policy had been included in the admissions consultation. The arrangements proposed for 2021-22 for statutory age children and Post-16 students were those previously determined for 2020-21 with changes proposed to the wording to improve understanding, but no proposed changes to policy.

Equality of access to education opportunities was a fundamental feature of school admission arrangements and the education transport policies. All the policies for consideration had been subject to an Equality Impact Needs Assessment, at www.devon.gov.uk/admissionarrangements. All Local Authorities needed to ensure that schools complied with the admissions code and had to be prepared to challenge practice that was neither legal nor  ...  view the full minutes text for item 463.

In line with paragraph 10.3 of the Cabinet Procedure Rules, Councillor J Hodgson has asked that this matter ‘Littlehempston Cycle and Foot Path’ (Cabinet Minute *450 of 15 January 2020) be referred back to this meeting for further consideration.

By way of a background, at its meeting on 15 January 2020, the Cabinet considered the views of the South Hams Highways and Traffic Orders Committee who, at their meeting on 29th November 2019, had reviewed the issue of public access across the South Devon Railway (SDR) pedestrian bridge (Minute 84 referred). The South Hams Highways and Traffic Orders Committee had resolved that ‘given the lack of progress over time, Cabinet be recommended to investigate the public use of the pedestrian railway bridge by compulsory purchase if necessary, given its importance and benefit as a public amenity’.  

Cabinet subsequently considered the matter on the 15^th January 2020 and resolved that ‘(a) that no further work is undertaken on investigating whether the footbridge could be used by the public and the development of a multi-use trail to Littlehempston; and (b) that Compulsory Purchase Order should not be pursued as it cannot be justified, for the reasons outlined below.

·         the scheme need is not a compelling case in the public interest in terms of transport, safety, or economic development;

·         the scheme is not included in the County Council’s Cycling and Multi use Trail Strategy and there is no current funding allocation; and

·         24-hour public access through the footbridge impacting on South Devon Railway Station and the Rare Breeds Farm would have significant security issues. The Council would need to make provisions in order to effectively increase the security in the area, adding an additional cost to the scheme which would not be in the public’s interest.

The matter is therefore before the Cabinet again as part of the Local Member ‘referral back’ process.

In line with paragraph 10.3 of the Cabinet Procedure Rules, Councillor Hodgson had asked that the matter of ‘Littlehempston Cycle and Foot Path’ (Cabinet Minute *450 of 15 January 2020) be referred back to this meeting for further consideration.

At its meeting on 15 January 2020, the Cabinet had considered the views of the South Hams Highways and Traffic Orders Committee who, at their meeting on 29th November 2019, discussed the issue of public access across the South Devon Railway (SDR) pedestrian bridge (Minute 84 referred). The South Hams Highways and Traffic Orders Committee had resolved that ‘given the lack of progress over time, Cabinet be recommended to investigate the public use of the pedestrian railway bridge by compulsory purchase if necessary, given its importance and benefit as a public amenity’.  

Cabinet subsequently considered the matter on the 15^th January 2020 and resolved that ‘(a) that no further work is undertaken on investigating whether the footbridge could be used by the public and the development of a multi-use trail to Littlehempston; and (b) that Compulsory Purchase Order should not be pursued as it cannot be justified, for the reasons outlined below.

·         the scheme need is not a compelling case in the public interest in terms of transport, safety, or economic development;

·         the scheme is not included in the County Council’s Cycling and Multi use Trail Strategy and there is no current funding allocation; and

·         24-hour public access through the footbridge impacting on South Devon Railway Station and the Rare Breeds Farm would have significant security issues. The Council would need to make provisions in order to effectively increase the security in the area, adding an additional cost to the scheme which would not be in the public’s interest.

The Leader of the Council commented (at the start of the meeting) that given this matter was now the subject of a Notice of Motion at the Council meeting on 20^th February 2020, it would be premature to make a decision and proposed that the matter be deferred.

It was therefore RESOLVED that this matter be deferred as it would be debated as part of the pending consideration of the Notice of Motion by the Council.

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

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:

Devon Education Forum – 22 January 2020.

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)