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Agenda and minutes

Venue: Virtual meeting

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

Note: To be conducted in line with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020. To see the live stream, please copy and paste the link - https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjIzNWM1NDctMmE1Ny00OTg5LTg0YmUtYjJkNzg4Y2VjMjM4%40thread.v2/0?context=%7b%22Tid%22%3a%228da13783-cb68-443f-bb4b-997f77fd5bfb%22%2c%22Oid%22%3a%22b0735e0e-6faa-4f6a-91bb-917fd50284ca%22%2c%22IsBroadcastMeeting%22%3atrue%7d 

Media

Items
Note No. Item

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620.

Minutes

Minutes of the meeting held on 13 January 2021 (previously circulated).

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on 13 January 2021 be signed as a correct record.

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621.

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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622.

Announcements

Additional documents:

Minutes:

The Chair welcomed Melissa Caslake (Chief Officer for Children’s Services) to her first meeting of the Cabinet.

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623.

Petitions

Additional documents:

Minutes:

The Leader received a petition organised by residents of Kentisbury containing in the region of 80 signatures seeking a speed limit in the parish, due to the high speed being travelled by vehicles making it unsafe for pedestrians, children and horse riders.

 

The Cabinet Member for Highways Management and Chief Officer for Highways, Infrastructure Development and Waste would be asked to respond direct to the petitioners on the issues raised, within 15 days.

 

[NB: The relevant Head of Service would be asked to respond direct to the petitioners on the issues raised, within 15 days, in line with the Council’s Petition Scheme].

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624.

Question(s) from Members of the Council pdf icon PDF 240 KB

Additional documents:

Minutes:

In accordance with the Cabinet Procedure Rules, the Leader and relevant Cabinet Members responded to five questions from Members of the Council on the following;

 

·         the Community Connectors project and delays in funding;

·         Flash Flooding in Barnstaple, priority protection of central Barnstaple and timescales for prevention work;

·         Traffic Data for Barnstaple Taw Bridge for December 2007, December 2019, and December 2020;

·         Funding Level Per Devon School Pupil in light of updated budget figures for 2021/22; and

·         Costs of the Covid 19 Pandemic and Reimbursement

 

The Leader and Cabinet Members responded orally to supplementary questions arising from the above.  

 

[NB: A copy of the questions and answers are available on webpage for meeting and any supplementary questions and answers may be observed through the webcast of this meeting]

FRAMEWORK DECISION

Additional documents:

625.

Revenue Budget, Medium Term Financial Strategy 2021/2022 - 2024/2025 and the Capital Programme for 2021/2022 - 2025/2026 pdf icon PDF 69 KB

Report of the County Treasurer (CT/21/16) on the Council’s Budget and Cabinet Service Budgets for 2021/2022, will follow, due to the final settlement not yet having been received.

 

The Cabinet will accordingly also consider the outcome of the Budget Consultation Meetings with representatives of the Devon Business Community, Older People and the Voluntary Sector and Trade Unions (CSO/21/5) and the Overview and Scrutiny Budget Recommendations (CSO/21/6).

 

Cabinet are also asked to note the role of the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 28 January 2021 (Minute 215) in reviewing and endorsing the Report of the County Treasurer (CT/21/14) on the Treasury Management and Investment Strategy for 2021/22.

Additional documents:

Minutes:

(Councillors Biederman, Connett, Dewhirst, Greenslade and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered and had regard to:

 

(i) the Report of the Chief Executive (CSO/21/5) 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 (CSO/21/6) held on 25th January, 26th January and 28th January 2021, the recommendations being summarised and attached to the agenda;

 

(iii) a revised 2021/22 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/budget21-22/ undertaken as part of the budget’s preparation;

    

(iv) the Report of the County Treasurer (CT/21/16) (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 2021/22, Medium Term Financial Strategy to 2024/25 and Capital Strategy 2021/22 to 2025/26, 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 Council’s revenue and capital budgets together with associated financial and operational information. 

 

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

 

The Cabinet noted the role of the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 28 January 2021 (Minute 215) in reviewing and endorsing the Report of the County Treasurer (CT/21/14) on the Treasury Management and Investment Strategy for 2021/22, which had been 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 Corporate Infrastructure and Regulatory Services Scrutiny Committee had endorsed and commended the Treasury Management and Investment Strategy 2021/22 to the Cabinet.

 

The final Local Government financial settlement (Settlement Funding Assessment) for 2021/22 had been announced and was £103.2 millions which was the same as 2020/21. The settlement was for one year only and was based on the Spending Round 2020 (SR20). The main points of the SR20 being set out below:

 

·         Council Tax –the council tax referendum limit would be 2% for local authorities with social care authorities allowed a 3% social care precept. The settlement confirmed districts would be allowed to apply the higher of  ...  view the full minutes text for item 625.

KEY DECISIONS

Additional documents:

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626.

Admission and Education Transport Policies for Subsequent Academic Year (2022/2023) pdf icon PDF 947 KB

Report of the Head of Education and Learning (CS/21/03) which asks the Cabinet to note that the admission arrangements were proposed and consulted on for the Local Authority and to approve the recommendations outlined in Section 2 of the Report, attached.

 

The proposed amendments to each policy are outlined in the Appendices to the Report, but the full policies can be viewed from the link in the Report (http://devon.cc/lapolicies), with changes annotated in red.

 

 

Additional documents:

Minutes:

(Councillors Biederman, Connett, Dewhirst and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the Head of Education and Learning (CS/21/03) which asked the Cabinet to approve the recommendations outlined in Section 2 of the Report. 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 Local Authority 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 had been held ahead of the statutory deadline for annual determination by Cabinet. Schools that were their own admissions authority (Foundation, Voluntary Aided, Academies and Free schools, University Technical Colleges and Studio Schools) were responsible for their own arrangements and determined by the governing boards and academy trusts.

 

The Report outlined the process, scope and outcome of the consultation on primary and secondary school admission arrangements for 2022-23 and the co-ordination of primary and secondary school admissions and sought approval of the schemes. Admission to special schools and fee-paying independent schools fell outside the of scope the arrangements.

 

It was noted that the number of responses received to the consultation remained low and the School Admissions Codes left limited scope for a wide variety of lawful arrangements. Arrangements had been consistent for a number of years and feedback from schools suggested they were largely content with matters such as oversubscription criteria, Published Admission Numbers (PAN), catchment areas and the application process.

 

Devon was required under the School Admissions Code to co-ordinate all normal round admissions to state-funded schools.

 

The Report recommended the Education Transport Policies for 2022-23 and Relevant Area for school admissions for Devon for 2023-24 and 2024-25 and an amendment to previously determined policies with regard to applications from overseas.

 

The proposed amendments to each policy were outlined in the Appendices to the Report, but the full policies could be viewed from the link in the Report (http://devon.cc/lapolicies), with changes annotated in red.

 

·         Appendix One – Proposed Published Admission Numbers for Community and Voluntary Controlled schools. This could also be found in the individual admissions policy document for each school at http://devon.cc/schoolpolicy;

·         Appendix 2 - the proposed catchment areas for community and VC schools included two amendments (a) the northern section of the catchment area for Bishopsteignton School and the eastern side of the catchment area for Chudleigh Church of England Primary School and (b) the eastern boundary of the catchment for Modbury Primary School, to the south of Boarshill.

·         Appendix 3 - the statutory deadlines and timetable for primary and secondary co-ordination schemes.

·         Appendix 4 – the recommended amendments to the Co-ordinated Admissions Schemes  ...  view the full minutes text for item 626.

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627.

Formal Consultation Response on the Interim Devon Carbon Plan pdf icon PDF 244 KB

Report of the Head of Planning, Transportation and Environment (PTE/21/4) outlining a proposed formal consultation response on the Interim Devon Carbon Plan, attached.

 

An Impact Assessment is also attached for the attention of Members at this meeting and is also available on the Impact Assessment webpages.

Additional documents:

Minutes:

(Councillors Biederman, Connett, Dewhirst and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/21/4) giving a proposed response to the consultation on the Interim 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 Council was the founding partner of the Devon Climate Emergency project, which convened an independent Net-Zero Task Force of specialists who had subsequently involved the public in the preparation of a consultation draft Interim Devon Carbon Plan.

 

An independent Net-Zero Task Force of specialists had been set up by the initiative, who had subsequently involved the public in the preparation of a consultation draft Interim Devon Carbon Plan. The consultation had been opened from the 7th December 2020 and closed on the 15th February 2021. All Councillors were notified by email of the consultation period, which also included a webinar session for local authority members.

 

The Task Force would consider the consultation responses and also work with the Devon Climate Emergency Response Group to prepare a post-consultation version of the Interim Devon Carbon Plan, which would be available for organisations to consider adopting in late summer/autumn 2021.

 

Alongside the preparation of the Interim Devon Carbon Plan (post consultation), in July 2021 an online Citizens’ Assembly would deliberate some of the more controversial issues highlighted by the consultation and suggest actions for implementation in Devon. The recommendations from the Citizens’ Assembly would be considered and used to update the Interim Devon Carbon Plan into a Final Devon Carbon Plan for further consultation in 2022.

 

The Cabinet noted that the Net-Zero Task Force had prepared a comprehensive roadmap showing the extensive technological, infrastructure and behavioural changes required to achieve net-zero carbon in Devon and as such endorsed the draft Interim Devon Carbon Plan.

 

The Plan showed that the transition to net-zero would have far reaching and profound implications for how communities functioned and how behaviours needed to change. All parts of Devon’s communities, including businesses, would need to feel invested in the transition and would need time to adapt. However, this was an emergency, and time was of the essence and the Council was committed to playing its part in achieving net-zero in Devon by 2050 at the latest. Government action was also necessary to deliver many of the transformations necessary at the speed required.

 

The Report commented on the co-benefits available to Devon through achieving net-zero and the Council had been furthering its plans to achieve net-zero within its own operations and supply chain by 2030. The reduction of carbon emissions needed to fit alongside a broader consideration of the unavoidable climate change impacts for Devon and the Council was working  ...  view the full minutes text for item 627.

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628.

Lee Mill Eastbound Off-slip Improvements pdf icon PDF 878 KB

Report of the Head of Planning, Transportation and Environment (PTE/21/5) seeking approval for Lee Mill Eastbound Off-Slip Improvements, attached.

 

An Impact Assessment is also attached for the attention of Members at this meeting and is also available on the Impact Assessment webpages.

Additional documents:

Minutes:

(Councillors Connett and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/21/5) on the Lee Mill East Bound Off-Slip Improvements, 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 evolution of Lee Mill had resulted in substantial development which was accessed off the Strategic Road Network (A38) from a junction layout which lacked a conventional full all-movement junction, in particular it utilised a road (Plymouth Road) with village features as the eastbound off-slip.  The Report sought approval to progress proposals for the provision of a new A38 eastbound off-slip at Lee Mill to the next stage of design and towards the submission of a planning application.  Initial design had been undertaken on a preferred option, which informed the proposals presented during a public consultation held between 17 November and 18 December 2020.  The consultation demonstrated strong support for the scheme. Details of the method of consultation, representation and feedback were presented in full in the Report.

 

Following the purchase of a key land parcel, it was proposed to construct a new A38 eastbound off-slip to the east of the existing slip road, which would connect vehicles exiting the A38 to the industrial estate and village, whilst avoiding unnecessary trips through Lee Mill Village.  Initial design work had been undertaken and an early annotated drawing was at Appendix 1 of the Report.  Further detailed design work would be required at a later date.

 

The new slip road would leave the elevated A38 and descend towards a new roundabout, providing a tie-in with the existing local road network.  The existing slip road would be stopped up, with access along Plymouth Road retained.  The impact of local public transport would need to be considered to ensure an adequate solution was found at the next stage of design as well as further design work and consultation with local stakeholders to identify a solution which enhanced cycle connectivity and safety at the location.

 

The alternative options included a link road which had been rejected due to the significant additional land take required and resultant environmental impact or to do nothing which meant the existing slip road via Plymouth Road would continue to be a constraint on the highway network and future planning could exacerbate existing issues such as air quality, noise and road safety.

 

An Impact Assessment had been attached to the agenda for the attention of Members at the meeting and was also available on the Impact Assessment webpages. This reported that the scheme would have a number of environmental, social and economic impacts.  Whilst the relocation of the eastbound off-slip would result in slightly longer journey lengths to Lee Mill village,  ...  view the full minutes text for item 628.

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629.

Local Flood Risk Management Strategy for Devon and Annual Action Plan pdf icon PDF 2 MB

Report of the Head of Planning, Transportation and Environment (PTE/21/6), presenting the Local Flood Risk Management Strategy for Devon and Annual Action Plan, attached.

 

An Impact Assessment is also attached for the attention of Members at this meeting and can also be found on the Impact Assessment Webpages.

Additional documents:

Minutes:

(Councillors Biederman, Dewhirst, Greenslade and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/21/6), presenting the Local Flood Risk Management Strategy for Devon and Annual Action 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 revised Devon Local Flood Risk Management Strategy covered the period 2021-2027 and the Report also highlighted the achievements in flood risk management over the past year and detailed the investment proposed for the next financial year through its Annual Action Plan.

 

Over the past year the Flood & Coastal Risk Management Team had been working on the revisions, the main purpose being to set out how flood risk would be managed in Devon, including organisations / RMAs and relevant responsibilities. However, it had to align with the National Strategy, which the Environment Agency had updated and published in July 2020. 

 

A draft version of the Local Strategy was released for public consultation in August 2020, the final version having been amended to take account of the key points arising from the consultation. A copy was attached at Appendix A and of the Report and could be viewed at: https://www.devon.gov.uk/floodriskmanagement/document/devon-local-flood-risk-management-strategy-2021-2027/. The necessary assessments of its environmental and equality considerations had been undertaken.

 

Despite a highly challenging year due to COVID-19, a full programme of flood improvement schemes had been successfully delivered, including a major scheme at Ivybridge protecting 76 properties, the second phase of flood attenuation in the Northbrook catchment in Exeter, Stokeinteignhead Property Flood Resilience measures which were supported by additional Highway drainage improvements and in Sidmouth (through the first of two planned phases of work to protect 100 properties). Further schemes at Beeson, Broadhempston, Chillington and Colaton Raleigh were currently being investigated and developed for delivery.

 

In August 2020, residents of Barnstaple suffered flooding to 118 residential and 46 commercial properties. In response, a Section 19 flood investigation report had been produced and the list of highest priority communities had been amended to include Barnstaple.

 

A more detailed and illustrated paper describing the Team’s achievements had been produced to support the Report and could be accessed at  https://www.devon.gov.uk/floodriskmanagement/document/devon-county-council-flood-coastal-risk-management-achievements-in-2020-21/.

 

The ambitious programme of delivery was set out in the draft Annual Action Plan for 2021/22, attached as Appendix B.

 

An Impact Assessment had been circulated with the agenda for the attention of Members at this meeting and could also be found on the Impact Assessment Webpages. The Cabinet noted that all flood risk management activity would be assessed and prioritised based on risk and would be equally available to all, subject to cost benefit justification and approval of funding.

 

As a summary and in line with the Flood and Water Management  ...  view the full minutes text for item 629.

MATTERS REFERRED

Additional documents:

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630.

Teignbridge Highways and Traffic Orders Committee - 30mph speed limit in Monks Way, Bovey Tracey

At the meeting of the Teignbridge Highways and Traffic Orders Committee, the Committee had considered a Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/20/3939), recommending a 40mph speed limit to reduce traffic speeds around the new junction and signal controlled pedestrian crossing as part of the new Challabrook housing development.  The Committee had RESOLVED (minute *103 refers) that (a) the County Council’s policies on speed limits and wider impacts of health, sustainable travel and whole environment be noted; and (b) that the Committee supports a 30mph speed limit on Monks Way, Bovey Tracey and refers this matter to the Cabinet as a departure from policy.

 

The Cabinet considered this matter on the 9th December 2020 (minute 596 refers) and RESOLVED that the matter be deferred pending a site visit to meet the Local Member and consider the impact of future development and the site visit should also include officers from the Road Safety Team.

 

Recommendation:

 

That two departures from policy are agreed, to permit the advertising of a Traffic Regulation Order;

 

(a) To introduce a section of 40mph speed limit from the existing 30mph terminal point to the South of Station Road Roundabout past the Challabrook development to a point approximately 120m south of the turning into the Challabrook development (a section of national speed limit will be retained from that point to the 30mph terminal at the Pottery Road roundabout); and

 

(b) that the section of new 40mph speed limit is introduced below the normal minimum length of 600m.

Additional documents:

Minutes:

(Councillors Biederman, Connett, Dewhirst, Gribble and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

 

The Cabinet noted that at the meeting of the Teignbridge Highways and Traffic Orders Committee, the Committee had considered a Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/20/3939), recommending a 40mph speed limit to reduce traffic speeds around the new junction and signal controlled pedestrian crossing as part of the new Challabrook housing development.  The Committee had RESOLVED (minute *103 refers) that (a) the County Council’s policies on speed limits and wider impacts of health, sustainable travel and whole environment be noted; and (b) that the Committee supports a 30mph speed limit on Monks Way, Bovey Tracey and refers this matter to the Cabinet as a departure from policy.

 

The Cabinet considered this matter on the 9th December 2020 (minute 596 refers) and RESOLVED that the matter be deferred pending a site visit to meet the Local Member and consider the impact of future development and that the site visit include officers from the Road Safety Team.

 

The Cabinet Member for Highways Management thanked those who had attended the virtual site meeting and commented it had been important to listen to the views of the local community and concerns of the Town Council.

 

He had taken a number of different professional opinions on board, for example, on pedestrian crossings and from police officers and research on the safety record of pedestrian crossings in 30mph limits and 40 mph limits.

 

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

 

RESOLVED that two departures from policy be agreed, to permit the advertising of a Traffic Regulation Order;

 

(a) to introduce a section of 40mph speed limit from the existing 30mph terminal point to the South of Station Road Roundabout past the Challabrook development to a point approximately 120m south of the turning into the Challabrook development (a section of national speed limit will be retained from that point to the 30mph terminal at the Pottery Road roundabout); and

 

(b) that the section of new 40mph speed limit be introduced below the normal minimum length of 600m.

STANDING ITEMS

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631.

Question(s) from Members of the Public

Additional documents:

Minutes:

There was no question from a Member of the public.

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632.

Minutes pdf icon PDF 212 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:

Minutes:

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

 

Devon Education Forum – 20 January 2021

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633.

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 and 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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634.

Forward Plan pdf icon PDF 274 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:

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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