Agenda, decisions and minutes

Members of the Council will declare any interests they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

The other registrable interests of Councillors of Devon County Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.

For details of District and or Town and Parish Twin Hatters – please see here -  A list of county councillors who are also district, borough, city, parish or town councillors

The Chair reminded Members they should declare any interests they may have in any item to be considered, prior to any discussion taking place on that item. The details of District and or Town and Parish Twin Hatters was on the attached list -  A list of county councillors who are also district, borough, city, parish or town councillors. Councillor Davis advise she would be declaring an interest under item 7 and leaving the room for the item.

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.

Report of the Chief Executive (CEX/24/1) seeking approval for the proposed Devon & Torbay Combined County Authority and Devolution Deal, attached.

Appendix A - Analysis of the responses on the draft proposal for the Devon and Torbay Combined County Authority.

Appendix B – Proposal for the Devon and Torbay Combined County

Authority (DT CCA) for submission to the Secretary of State for Levelling Up,

Housing and Communities.

The Impact Assessment has been updated and is also attached. It can be  viewed on the website at https://www.devon.gov.uk/impact/proposed-devon-and-torbay-combined-county-authority-and-devolution-deal.

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being Chair of Exmoor National Park and also the Peninsula Transport Shadow Sub National Transport Body and withdrew from the meeting during its consideration).

RESOLVED

that Council be recommended to;

(a) thank all those who responded to the consultation be thanked, for the time they gave in considering the draft proposal and in preparing responses to it;

(b) consider the analysis of the responses (Appendix A) on the draft proposal for the Devon and Torbay Combined County Authority, showing the variety, breadth and range of views expressed,

(c) approve the proposal (Appendix B) for the Devon and Torbay Combined County Authority (DT CCA) for submission to the Secretary of State for Levelling Up, Housing and Communities, having taken into consideration and having due regard to the consultation responses and the Public Sector Equality Duty.

(d) delegate authority to the Chief Executive, in consultation with the Leader of the Council, to consent to the making of the necessary Regulations to create the Devon and Torbay Combined County Authority thereby implementing and giving effect to the proposal, subject to those Regulations reflecting the principles in the proposal document and this report.

(e) note that, subject to the approval of the proposal and making of Regulations, the Council will give consideration to a draft constitution for the DT CCA in September 2024.

(f) support the establishment of the statutory Team Devon Joint Committee to formalise the existing partnership, address shared priorities and have a voice in the work of the Combined County Authority and note that its proposed terms of reference will be considered by the Council in September 2024.

(Councillors Biederman, Brazil, Leaver and Whitton attended in accordance with Standing Order 25(2) and spoke to this item broadly welcoming the concept of Devolution but expressing concerns, as outlined in some of the representations in the Report, on potential democratic deficits and the role of Districts moving forwards, financial considerations and relationships with Plymouth).

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being Chair of Exmoor National Park and also the Peninsula Transport Shadow Sub National Transport Body and withdrew from the meeting during its consideration).

The Cabinet considered the Report of the Chief Executive (CEX/24/1) which sought approval for the proposed Devon & Torbay Combined County Authority and Devolution Deal, 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.

Appendix A contained the analysis of the responses on the draft proposal for the Devon and Torbay Combined County Authority.

Appendix B contained the full proposal for the Devon and Torbay Combined County Authority (DT CCA) for submission to the Secretary of State for Levelling Up, Housing and Communities.

The Leader commented that this meeting and Report was an important step in the Devolution journey and the views of the Consultation must be considered when deciding whether to submit the proposal for the Devon and Torbay Combined County Authority to the Secretary of State.

The Leader explained the rationale for the recommendations in the Report but highlighted a change to recommendation (f) from what had been published in order to make it clear that the Team Devon Joint Committee would have a wider role than just the CCA.

The Director of Legal and Democratic Services updated the Cabinet on the ongoing work to write the Constitution for the CCA and the progression of Governance arrangements. She highlighted that the table of powers in appendix B should be amended to reflect the full powers of the Localism Act 2011, not just economic regeneration and also that the Town and Country Planning Act 1990 should include section 241.

The Director of Performance and Partnerships added that two changes had been made to the draft proposal: to recognise role of the voluntary/community sector and also strengthen collaboration with the NHS, as outlined in paragraph 3.2.

The proposed devolution deal for Devon and Torbay had been announced by the Secretary of State for Levelling Up, Homes and Communities and published by the Department for Levelling Up, Housing and Communities (DLUHC) on 25 January 2024.

At its meeting on 2 February 2024, the Cabinet agreed to support the proposed Devon and Torbay devolution deal and resolved to carry out a joint public consultation with Torbay Council (as the Constituent Councils) on the draft proposal to establish the Devon and Torbay Combined County Authority (DT CCA).

The Levelling-up and Regeneration Act required that prior to submitting a proposal for a CCA to the Secretary of State, the Constituent Councils must undertake a public consultation on the proposal  ...  view the full minutes text for item 530.

There was no question from a Member of the public.

Recommendation: that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, financial and business affairs of the Council and third parties, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, financial and business affairs of the Council and third parties, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

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

RESOLVED that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, financial and business affairs of the Council and third parties, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

(An item taken in accordance with paragraph 8 of the Cabinet Procedure Rules and the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 with the consent of the relevant Scrutiny Committee Chair under Section 100A(4) of the Local Government Act 1972 during which time the press and public were excluded).

Report of the Director of Finance and Public Value (DFP/24/55), attached for Members of the Cabinet.

RESOLVED that Cabinet notes the current position and proposals, as outlined in Report, and that the recommendations at (a), (b) and (c) relating to the Exeter Science Park Limited Guarantee and ongoing negotiations, be approved, subject to inclusion of the Cabinet Member for Economic Recovery and Skills at recommendation (a).

(An item taken in accordance with paragraph 8 of the Cabinet Procedure Rules and the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 with the consent of the relevant Scrutiny Committee Chair and under Section 100A(4) of the Local Government Act 1972 during which time the press and public were excluded).

(In line with paragraph 17.8 and 8 of the Scrutiny Procedure and Cabinet Procedure Rules respectively), the call-in procedure does not apply to this urgent decision).

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

The Cabinet received the Report of the Director of Finance and Public Value (DFP/24/55) relating to an Exeter Science Park Guarantee.

The Cabinet noted the actions that had been taken since approval of the Exeter Science Park Guarantee Report (considered by Cabinet on 13^th March 2024) and proposals for the way forward in section three of the Report. The financial considerations of the proposals were outlined in full at section seven as well as the Risk Management matters at section 11.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact) set out in the Director’s Report and having been discussed at the meeting:

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

RESOLVED that Cabinet notes the current position and proposals, as outlined in Report, and that the recommendations at (a), (b) and (c) relating to the Exeter Science Park Limited Guarantee and ongoing negotiations, be approved, subject to inclusion of the Cabinet Member for Economic Recovery and Skills at recommendation (a).