Agenda, decisions and minutes

Minutes of the meeting held on 10 February 2023 (previously circulated).

RESOLVED that the minutes of the meeting held on 10 February 2023 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 10 February 2023 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 relevant Cabinet Member responded to three questions from a Member of the Council on the following matters:

·         the current consultation on day care services and calculate / breakdown of costs;

·         differentials in costs and the charity / independent sector; and

·         provision elsewhere for complex needs and likely costs and charges.

The Cabinet Member also responded orally to the 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 – see Notes below]

Report of the Director of Finance and Public Value (DF/23/39) on the budget monitoring position at month 10, attached.

RESOLVED

(a) that the month 10 budget monitoring forecast be noted;

(b) that the action being taken to safeguard the financial sustainability of the authority be supported; and

(c) that the savings and additional income resulting from the Financial Sustainability Programme further be noted.

(Councillors Atkinson, Brazil, Dewhirst, Whitton and Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Director of Finance and Public Value (DF/23/39), 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 budget monitoring position at month 10.

The Report highlighted that the forecasted position was an overspend by £3.6 million, which was an improvement of £3.4 million from month 8. The position comprised an underlying outturn forecast of an overspend of £30.1 million but this was reduced by £26.5 million as a result of the of the Financial Sustainability Programme (FSP) savings and additional income.

An inflationary pressure risk continued to be present but this was not expected to have a significant impact on the in-year position. The Dedicated Schools Grant forecast had not been included in these figures. Work continued to implement in-year cost containment measures and at month 10 £26.5 million of in-year savings and additional income was expected to be delivered.

The forecasted deficit on the Dedicated Schools Grant this year of £41.1 million relating to Special Educational Needs and Disabilities (SEND) was an increase in the overspend of £564,000 compared to the month 8 position and the outcome of the discussions with the Department for Education, as part of the Safety Valve Intervention, was awaited.

The table at paragraph 2.1 of the Report detailed the forecast outturn position by service area at month 10. The underlying outturn forecasts, column (d), detailed the forecast outturn position before the impact of the Financial Sustainability Programme (FSP) had been taken into account. The impact of the proposed FSP savings was shown in column (e) and the final month 10 forecast outturn overspend or underspend in column (f).

In summary, Integrated Adult Social Care was forecasting an overspend of £4.1 million, Children and Young People’s Futures was forecasting an overspend of £19.5 million and an overspend of £41.1 million on Special Education Needs and Disabilities (SEND). The remaining Service areas were forecasting an underspend of £8.9 million at month 10, comprising an underlying forecast position of £1.9 million underspend and additional savings identified in the FSP totalling £7 million. Non-Service items, which included capital financing charges and business rates pooling gain were forecasting an underspend of £11.1 million. The underlying position was a forecast pressure of £1.1 million and £12.2 million of savings identified by the FSP (although most were of a non-recurrent nature).

The organisation wide Financial Sustainability Programme had been examining options for service transformation, modernisation, remodelling of delivery, and ceasing or postponement of activity where possible. The month 10 position reflected £26.5 million of savings identified through the FSP and a high-level summary by type of saving was included at section 3.3 of the Report.

The latest approved 2022/23 capital programme totalled £227.0 million and the total year end forecast for capital expenditure was £159.6 million of which £137.1  ...  view the full minutes text for item 293.

Report of the Director of Climate Change, Environment and Transport (CET/23/9) seeking approval to proceed to tender and construction on the Seaton to Colyford Multi-Use Trail, attached.

In progressing this particular scheme / proposal, an Impact Assessment has been prepared which is attached and also available on the Council’s website at Seaton to Colyford Multi-Use Trail - February 2023 - Impact Assessment (devon.gov.uk).

RESOLVED

(a) that the preferred scheme, as shown in Appendix 1, to proceed to tender and construction at an estimated cost of £1,234,376 be approved; and

(b) that the Director of Climate Change, Environment and Transport be given delegated powers, in consultation with the Cabinet Member for Highway Management and the local Member, to make minor amendments to the scheme details.

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

The Cabinet considered the Report of the Director of Climate Change, Environment and Transport (CET/23/9) seeking approval to proceed to tender and construction of the Seaton to Colyford Multi-Use Trail, 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 Seaton to Colyford Multi-Use Trail proposed to link the communities of Seaton and Colyford with a safe, direct and attractive path which was accessible for all. The route between the settlements was designated as part of the National Cycle Network (NCN) Route 2, which included the Exe Estuary Trail and connected the East Devon market and coastal towns of Exmouth, Budleigh Salterton, Sidmouth, Seaton and Axminster through to the Dorset border and onwards to Portsmouth.

Whilst the majority of the existing NCN2 between Seaton and Colyford consisted of high-quality off-road provision, there was a missing gap which currently diverted users onto a section of road, unsuitable for families and less confident cyclists. The scheme proposed to complete this section of the route with a parallel and off-road shared use path, delivering approximately 3km of high-quality, safe and attractive cycle route suitable for all ages between Seaton and Colyford.

A planning application had been approved in September 2011 and Compulsory Purchase Orders for the required land successfully secured in 2021, therefore the Council was in a position to construct the link during the summer of 2023.

The Proposed Route was outlined in full at Appendix 1 and explained fully in paragraph 3, and the new path would bypass the on-road section. The specific route proposed was supported in the Devon and Torbay Local Transport Plan 3, 2011-2026 and the Council’s own Cycling and Multi-Use Trail Network Strategy prioritised the Seaton to Colyford Multi-Use Trail, as did the 2021 update.  The route also aligned with the vision of the future for Seaton, as set out in the adopted East Devon Local Plan 2013 - 2031.

The Report also explained why other options had been rejected for example the Eastern Route, shared use provision along Seaton/Colyford Road and the existing route along Seaton/Colyford Road.

The proposals were well-aligned with a range of Strategic Plan priorities and the table in the Report summarised how the proposals would impact achievement of relevant Strategic Plan actions according to a seven-point scale.

The financial considerations were outlined in section 7 of the Report and how the scheme was being funded, including the potential of a successful bid to the Active Travel Fund Tranche 4 which would reduce the LTP funding required.

In progressing this particular scheme / proposal, an Impact Assessment had been prepared which had been circulated with the agenda and was also available on the Council’s website at Seaton to Colyford Multi-Use Trail - February 2023 - Impact Assessment (devon.gov.uk). The proposals were expected to enable people to  ...  view the full minutes text for item 294.

Report of the Director of Climate Change, Environment and Transport (CET/23/10) seeking approval for the budget allocations to support the Annual Flood Risk Management Action Plan for 2023/24 and also to highlight the achievements made by the Flood and Coastal Risk Management team in delivering the 2022/23 Action Plan, attached.

To support the development of the Local Flood Risk Management Strategy a full Impact Assessment has been completed, is attached and is also available to view on the Council’s website at: https://www.devon.gov.uk/impact/flood-risk-management-strategy/.

RESOLVED

(a) that the budget allocations made to support delivery of the Annual Flood Risk Management Action Plan for 2023/24 as set out in Appendix A be approved; and

(b) that the Director of Climate Change, Environment and Transport in consultation with the Cabinet Member for Public Health, Communities and Equality be given delegated authority to approve any significant changes to the Revenue and Capital allocations.

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

The Cabinet considered the Report of the Director of Climate Change, Environment and Transport (CET/23/10) which sought approval for the budget allocations to support the Annual Flood Risk Management Action Plan for 2023/24 and highlighted the achievements made by the Flood and Coastal Risk Management team in delivering the 2022/23 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 Report highlighted that the Flood and Coastal Risk Management team had had a challenging but successful year. The team had doubled over the past 10 years due to new legislation and a significant externally funded project.

The continued aim of reducing the number of properties at risk from flooding meant a robust Annual Flood Risk Management Action Plan for 2023/24 had been developed and budget allocations made to support the ongoing development and delivery of current high priority areas as well as adequate resources to fulfil the duties as a Lead Local Flood Authority (LLFA). Full details of the Action Plan were provided in Appendix A showing the relevant projects and schemes with costings and full details of proposals.

The ongoing projects that had either been completed or were well underway through 2022/23 were reducing the risk of flooding to 111 homes and businesses. A total investment of £500k, which included £240k of DCC Capital funding and a further £260k secured through external funding, had enabled the delivery of essential flood improvements. Further details of all ongoing and delivered projects were included in Appendix B including Harbertonford, Axminster, Stokenteignhead, Barnstaple West, Beeson, Broadhempston and Colaton Raleigh. It further listed those places where there were ongoing studies (17 in total), and those where initial assessments were being progressed (a further 17). An update on the Flood and Coastal Resilience Innovation Programme was also provided.

The current projects being developed for the next 5-year period would require over £10.0million of investment, including £2.7million from the Council, split £1.0 million Revenue and £1.7million Capital and would look to draw down in the region of £6.5million FDGiA and £1.0million Local Levy.

Over the past 12 months the County had experienced a contrasting weather pattern with a very dry summer causing drought conditions, to a very wet winter that had caused some localised flooding of properties. Whilst all flooding was devastating to those affected the number of properties across the County was low compared to other years. However there had been incidents in Kingsbridge, north of Mid Devon at Oakford Bridge and Exebridge.

The Council was also a statutory consultee to the Local Planning Authorities on surface water management for new major development. Over the past 12 months the team of 2 officers had reviewed over 550 applications and had achieved a 99% return rate within the required timescale of 21 days. The Council also had a  ...  view the full minutes text for item 295.

Report of the Director of Children and Young People’s Futures on the Education Travel Policy Review, attached.

An Impact Assessment is also attached and available at http://devon.cc/lapolicies.

RESOLVED that the Education Transport Policy 2023-25 and the Post-16 Education Transport Policy 2023-25 be approved incorporating the changes as outlined below:

(a) that the level of parental contributions rise incrementally over the next academic years:

·         i.£690 in 2023-24

·         ii.£750 in 2024-25

·         iii.£800 in 2025-26

·         iv.£900 in 2026-27

(b) that the increase in the level of parental contributions take place from September 2023;

(c) that future education transport policies be determined for three academic years at a time;

(d) that Cullompton Community College continue to be recognised as the catchment school for transport purposes in the Willand School catchment and not to recognise Uffculme School for school transport purposes; and

(e) that Alphington Primary School, Exminster Community Primary School, Ide Primary School, and Kenn Church of England Primary School continue to recognised and for Teign School, West Exe School, and Dawlish College be recognised as the catchment schools for transport purposes when the new Matford Brook Academy catchments are introduced and not to recognise Matford Brook Academy for school transport purposes.

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

The Cabinet considered the Report of the Interim Head of Education (Delivery) which sought approval for the Education Transport Policy and Post 16 Education Transport Policy 2023-2025.

The Cabinet were asked to note that the Education Transport Policies had been proposed and consulted on by the Local Authority summarised at section 2 of the Report.

A Home to School Transport consultation took place between 16 January and 2 March 2023, hosted at

https://www.devon.gov.uk/haveyoursay/consultations/home-to-school-transport-consultation/ and all stakeholders notified including, inter alia, Elected Members, schools, parent groups and Trade Unions. All potentially affected parents were also sent a letter. Responses to the consultation were detailed at Appendix One.

As part of the financial sustainability programme, Officers reviewed all forms of discretionary entitlement to transport support, and the level of parental contribution and from that review, no changes to discretionary entitlement were proposed for consultation. The review found that revenues from parental contributions for concessionary seats and from contributions to costs for post-16 passengers was £297,000 in the 2022/23 financial year.  An increase in contributions from parents from £600 to £800 per academic year was therefore proposed due to no increase since 2018, to mitigate rising costs to the LA from increased contract costs. The £30 discount where parents and carers paid the full year cost in full would remain and post-16 students should be able to seek financial support from sixth forms and Further Education Colleges’ post-16 bursary fund.

The proposed figure of £800 was below most of Devon’s neighbouring Local Authorities and was therefore proposed for the consultation, as outlined above.

Responses were received to the consultation, detailed at Appendix 1 and in light of those responses, officers reviewed options again and suggested a staged increase in the contribution rate.

·         £690 in 2023-24

·         £750 in 2024-25

·         £800 in 2025-26

·         £900 in 2026-27

By increasing parental contribution levels, the Local Authority would increase revenue which would offset the costs of providing school transport to all pupils. Where post-16 passengers made other arrangements, there would be savings where the size of vehicles could be reduced.

An Equality Impact Needs Assessment had been carried out on proposed changes to policy, published at http://devon.cc/lapolicies.

The Council must set a transport policy that informed parents clearly about

eligibility and made the provision it was required to do and any provision it chose to do by discretion in a fair and consistent manner.

The recommendations of the Report ensured the Council met its statutory responsibilities in respect of school transport.

The matter having been debated and the options and alternatives and other relevant factors (e.g. financial, sustainability and carbon impact), risk management, equality and legal considerations and alignment with the Council’s Strategic Plan) set out in the Head of Service’s Report having been considered:

it was MOVED by Councillor Leadbetter, SECONDED by Councillor Hart, and

RESOLVED that the Education Transport Policy 2023-25 and the Post-16 Education Transport Policy 2023-25  ...  view the full minutes text for item 296.

At its meeting on 20 January 2023, the Health and Adult Care Scrutiny Committee had considered the Community Pharmacy Spotlight Review (minute *90 refers) and had RESOLVED (a) that the recommendations contained within the Report of the Spotlight Review be endorsed and commended to the Cabinet; and (b) that the Report also be shared with the Integrated Care Board.

Recommendation

(a) that Cabinet welcome the Community Pharmacy Spotlight Review Report and thank the Health and Adult Care Scrutiny Committee for undertaking the review. 

(b) that the recommendations be accepted and the Council are committed to working collaboratively with NHS Devon, who take over responsibility for commissioning local pharmaceutical service from NHS England on the 1st April 2023.

RESOLVED

(a) that the Community Pharmacy Spotlight Review Report be welcomed, and the Health and Adult Care Scrutiny Committee be thanked for undertaking the review.

(b) that the recommendations be accepted, and that the Council is committed to working collaboratively with NHS Devon, who take over responsibility for commissioning local pharmaceutical service from NHS England on the 1st April 2023.

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

The Cabinet noted that at its meeting on 20 January 2023, the Health and Adult Care Scrutiny Committee had considered the Community Pharmacy Spotlight Review (minute *90 refers) and had RESOLVED (a) that the recommendations contained within the Report of the Spotlight Review be endorsed and commended to the Cabinet; and (b) that the Report also be shared with the Integrated Care Board.

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

(a) that the Community Pharmacy Spotlight Review Report be welcomed, and the Health and Adult Care Scrutiny Committee be thanked for undertaking the review. 

(b) that the recommendations be accepted, and that the Council is committed to working collaboratively with NHS Devon, who take over responsibility for commissioning local pharmaceutical service from NHS England on the 1^st April 2023.

At its meeting on 20^th January 2023, the Health and Adult Care Scrutiny Committee considered a Report relating to Replacement Day Care Service which had followed a series of visits by Members to day care services to gain a better understanding on how these were working and key issues affecting services from a frontline perspective.  The Health and Adult Care Scrutiny Committee had RESOLVED (a) that Cabinet receive and consider the Report, and as Adult Social Care transformation takes place, ensure that opportunities in the community are maximised to support people’s independence and enable them to do the things that matter to them; and (b) that the learning from the visits be shared to inform the Committees future work programme.

Recommendation

(a) that the Health and Adult Care Scrutiny Committee be thanked for its continued work in this area and its constructive challenge and contribution.

(b) that the recommendations within the report be accepted that support the Council to deliver its promoting independence approach, including to ensure where services are provided they are the right services, delivered in the right way by the right people and enable the best outcomes for individuals, families and communities.

RESOLVED

(a) that the Health and Adult Care Scrutiny Committee be thanked for its continued work in this area and its constructive challenge and contribution; and

(b) that the recommendations within the Report be accepted that support the Council to deliver its promoting independence approach, including to ensure where services are provided, they are the right services, delivered in the right way by the right people and enable the best outcomes for individuals, families and communities.

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

The Cabinet noted that at its meeting on 20^th January 2023, the Health and Adult Care Scrutiny Committee had considered a Report relating to Day Care Services which had followed a series of visits by Members to day care services to gain a better understanding on how these were working and key issues affecting services from a frontline perspective.  The Health and Adult Care Scrutiny Committee had RESOLVED (a) that Cabinet receive and consider the Report, and as Adult Social Care transformation takes place, ensure that opportunities in the community are maximised to support people’s independence and enable them to do the things that matter to them; and (b) that the learning from the visits be shared to inform the Committees future work programme.

The Head of Integrated Adult Care Operations clarified the reference to independence and its meaning in this context, as referred to in the recommendation.

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

RESOLVED

(a) that the Health and Adult Care Scrutiny Committee be thanked for its continued work in this area and its constructive challenge and contribution; and

(b) that the recommendations within the Report be accepted that support the Council to deliver its promoting independence approach, including to ensure where services are provided, they are the right services, delivered in the right way by the right people and enable the best outcomes for individuals, families and communities.

Report of the Members of the Modernisation of the Corporate Finance System Spotlight Review, attached.

Due to the timescales of the contract, this Report needs to be brought direct to the Cabinet, but recommendations as outlined below have been agreed by the Corporate Infrastructure & Regulatory Services Scrutiny Committee.

1.      The Spotlight Review supports the aims and vision of the Future Finance Project and requests Cabinet maintain corporate prioritisation of the project until at least December 2024.

2.      That the Cabinet ensures there is sufficient staffing and resources for the delivery of the project and is prepared, if required, to increase the number of officers supporting the project to ensure smooth delivery.

3.      The service considers the creation of a local archive of financial data in case of a potential breach or malfunction as part of Disaster Recovery and Business Continuity planning as FINEST gets closer to the end of its life, as per the recommendation from Moore Insight.

4.      That a Standing Overview Group (SOG) of the Corporate Infrastructure and Regulatory Services Scrutiny Committee is held around 3 months after the awarding of the contract to review the Future Finance Project and these recommendations.

Recommendations

(a) that the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for their comprehensive report on the Modernisation of the Corporate Finance System;

(b) that the views of scrutiny supporting the aims and vision of the Future Finance Project be welcomed; and

(c) that the recommendations of the Spotlight Review be accepted, specifically that:

(i)            corporate prioritisation of this project is recognised;

(ii)          necessary resources for delivery of the project will be ensured;

(iii)         in addition to a cloud based archive of financial data, that Service Management consider the creation of a local archive of financial data in case of a potential breach or malfunction as part of Disaster Recovery and Business Continuity Planning as Finest gets closer to the end of its life, as per the recommendation from Moore Insight; and

(iv)         a further progress review of the project is carried out approximately 3 months after contract award by a Standing Overview Group of CIRS scrutiny.

RESOLVED

(a) that the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for their comprehensive report on the Modernisation of the Corporate Finance System;

(b) that the views of Scrutiny supporting the aims and vision of the Future Finance Project be welcomed; and

(c) that the recommendations of the Spotlight Review be accepted, specifically that:

(i)            corporate prioritisation of this project is recognised;

(ii)           necessary resources for delivery of the project will be ensured;

(iii)          in addition to a cloud based archive of financial data, that Service Management consider the creation of a local archive of financial data in case of a potential breach or malfunction as part of Disaster Recovery and Business Continuity Planning as Finest gets closer to the end of its life, as per the recommendation from Moore Insight; and

(iv)         a further progress review of the project is carried out approximately 3 months after contract award by a Standing Overview Group of CIRS scrutiny.

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

The Cabinet considered the Report of the Members of the Modernisation of the Corporate Finance System Spotlight Review. Due to the timescales of the contract, the Report had been brought direct to the Cabinet, but the recommendations as outlined below had been agreed by Members of the  Corporate Infrastructure and Regulatory Services Scrutiny Committee.

1.      The Spotlight Review supports the aims and vision of the Future Finance Project and requests Cabinet maintain corporate prioritisation of the project until at least December 2024.

2.      That the Cabinet ensures there is sufficient staffing and resources for the delivery of the project and is prepared, if required, to increase the number of officers supporting the project to ensure smooth delivery.

3.      The service considers the creation of a local archive of financial data in case of a potential breach or malfunction as part of Disaster Recovery and Business Continuity planning as FINEST gets closer to the end of its life, as per the recommendation from Moore Insight.

4.      That a Standing Overview Group (SOG) of the Corporate Infrastructure and Regulatory Services Scrutiny Committee is held around 3 months after the awarding of the contract to review the Future Finance Project and these recommendations.

It was MOVED by Councillor Twiss, SECONDED by Councillor Saywell, and

RESOLVED

(a) that the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for their comprehensive report on the Modernisation of the Corporate Finance System;

(b) that the views of Scrutiny supporting the aims and vision of the Future Finance Project be welcomed; and

(c) that the recommendations of the Spotlight Review be accepted, specifically that:

(i)            corporate prioritisation of this project is recognised;

(ii)          necessary resources for delivery of the project will be ensured;

(iii)         in addition to a cloud based archive of financial data, that Service Management consider the creation of a local archive of financial data in case of a potential breach or malfunction as part of Disaster Recovery and Business Continuity Planning as Finest gets closer to the end of its life, as per the recommendation from Moore Insight; and

(iv)         a further progress review of the project is carried out approximately 3 months after contract award by a Standing Overview Group of CIRS scrutiny.

The South Hams Highways and Traffic Orders Committee at its meeting on 3 February 2023 considered the matter of the A3121 in Ermington (request for reduction in speed limit to 30mph), as had been requested by Councillor Thomas under Standing Order 23 (minute 29 refers). The Committee had RESOLVED ‘That Cabinet be requested to consider a departure from policy, to revoke the existing 40mph Traffic Regulation Order (TRO) on the A3121 in Ermington, thus lowering the majority of the stretch to 30mph by virtue of an existing system of street lighting, with the remaining stretch (currently TRO 40mph) requiring a new 30mph TRO’. 

Recommendation

That the matter be deferred pending a site visit with the Cabinet Member for Highway Management to meet the Local Member and officers including the Police and Road Safety Team.

RESOLVED that the matter be deferred pending a site visit by the Cabinet Member for Highway Management with the Local Member and officers, including the Police and Road Safety Team.

The South Hams Highways and Traffic Orders Committee at its meeting on 3 February 2023 considered the matter of the A3121 in Ermington (request for reduction in speed limit to 30mph), as had been requested by Councillor Thomas under Standing Order 23 (minute *29 refers). The Committee had RESOLVED ‘That Cabinet be requested to consider a departure from policy, to revoke the existing 40mph Traffic Regulation Order (TRO) on the A3121 in Ermington, thus lowering the majority of the stretch to 30mph by virtue of an existing system of street lighting, with the remaining stretch (currently TRO 40mph) requiring a new 30mph TRO’. 

The Cabinet Member for Highway management commented that before coming to a decision he would value a site visit to hear from the Local Member, officers and the police, as to the most appropriate intervention in the location.

It was then MOVED by Councillor Croad SECONDED by Councillor Hughes, and

RESOLVED that the matter be deferred pending a site visit by the Cabinet Member for Highway Management with the Local Member and officers, including the Police and Road Safety Team.

The following Notices of Motion submitted to the County Council by the following Councillors have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer it to another Committee or make a recommendation back to the Council:

(a)  Protect the Right to Free Camp on Dartmoor (Councillor Wrigley)

(b)  Forced Installation of Pre Payment Meters (Councillor Atkinson)

(c)  Special Education Needs (SEND) Budgets and Deficits (Councillor Atkinson)

(d)  Dartmoor National Park (Councillor Barnes)

(a) Protect the Right to Free Camp on Dartmoor - Councillor Wrigley

RESOLVED that the County Council:

(a) shares the concern expressed by this Notice of Motion (and the one submitted by Councillor Barnes) about the legal implications of this High Court ruling for the right to backpack camp on relevant parts of Dartmoor, particularly in the light of long-standing tradition of such activity and the resulting benefits for physical and mental wellbeing of connecting with nature in this way;

(b) endorses the actions taken by Dartmoor National Park Authority in its efforts to uphold the ability for the public to enjoy responsibly this activity on an ongoing basis, including its promotion of a ‘Backpack Camping Code’; and it is recognised that motorised vehicles, campervans and sleeping in cars is not included in the backpack camping code and will be subject to regulation and enforcement to avoid harm to Dartmoor’s moorland environment; and

(c) calls on the Secretary of Statement for the Environment to support appropriately these endeavours across relevant parts of the Dartmoor Commons.

(b) Forced Installation of Pre Payment Meters - Councillor Atkinson

RESOLVED that Council be recommended to:

(a) continue to work with and support local partners, including Team Devon Councils, the NHS and the voluntary and community sector, on supporting vulnerable households; and

(b) write to the Secretary of State, with a copy to Devon MPs, urging Government to: reduce energy vulnerability through financial support for struggling households; introduce a moratorium on the installation of gas or electricity prepayment meters; cease the use of court warrants to gain entry to homes to fit prepayment meters or the automatic switching of smart meters onto prepayment ones.

(c) Special Education Needs (SEND) Budgets and Deficits - Councillor Atkinson)

RESOLVED that the Council welcomes the concern and support shown by all Members, demonstrating the desire across the County Council to ensure a secure future where children with special needs receive the educational support they need and in the right settings. To that end, the Council reaffirms its strong commitment to achieve a financially sustainable future for special educational needs and thereby also provide parents and carers of children with special needs with confidence and reassurance.

(d) Dartmoor National Park - Councillor Barnes)

RESOLVED that the County Council:

(a) shares the concern expressed by this Notice of Motion (and the one submitted by Councillor Wrigley) about the legal implications of this High Court ruling for the right to backpack camp on relevant parts of Dartmoor, particularly in the light of long-standing tradition of such activity and the resulting benefits for physical and mental wellbeing of connecting with nature in this way;

(b) endorses the actions taken by Dartmoor National Park Authority in its efforts to uphold the ability for the public to enjoy responsibly this activity on an ongoing basis, including its promotion of a ‘Backpack Camping Code’; and it is recognised that motorised vehicles, campervans and sleeping in cars is not included in the backpack camping code and will  ...  view the full decision text for item 301.

(a) Protect the Right to Free Camp on Dartmoor - Councillor Wrigley 

(Councillor Wrigley attended in accordance with Standing Order 8 and

spoke to this item).

The text of the Motion outlined below.

Devon County Council joins with the thousands of Devon residents and is beyond shocked and appalled by the effective ban on wild camping on Dartmoor arising from a recent court decision.

This Council supports Dartmoor National Park in its rightful and spirited defence of wild camping, a right enjoyed by generations of local people and visitors.

Council condemns the loss of this right and calls on Government to enact urgent legislation to reinstate wild camping and protect the rights of people to fully enjoy Dartmoor.

Council asks the Leader and Chief Exec to write in the strongest terms to Members of Parliament for Devon, the relevant Secretaries of State and the Prime Minister urging them to act to restore the right to wild camp on Dartmoor.

Members considered the Officer’s factual briefing note on the matter (LDS/23/4) which referred to the High Court judgement which declared that Section 10(1) of the Dartmoor Commons Act 1985 did not confer on the public any right to pitch tents or otherwise make camp overnight on the Dartmoor Commons, the position of Dartmoor National Park Authority (DNPA) in seeking permission to appeal the High Court judgement and the discussions with the Dartmoor Commons Owners’ Association on how backpack camping on some parts of the Dartmoor Commons could continue. 

This legal case had brought into focus some of the issues which could arise from unregulated activities, such as discarded waste and increased threat of vegetation fires and the DNPA promotion of the Backpack Camping Code.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact):

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

RESOLVED that the County Council:

(a) shares the concern expressed by this Notice of Motion (and the one submitted by Councillor Barnes) about the legal implications of this High Court ruling for the right to backpack camp on relevant parts of Dartmoor, particularly in the light of long-standing tradition of such activity and the resulting benefits for physical and mental wellbeing of connecting with nature in this way;

(b) endorses the actions taken by Dartmoor National Park Authority in its efforts to uphold the ability for the public to enjoy responsibly this activity on an ongoing basis, including its promotion of a ‘Backpack Camping Code’; and it is recognised that motorised vehicles, campervans and sleeping in cars is not included in the backpack camping code and will be subject to regulation and enforcement to avoid harm to Dartmoor’s moorland environment; and

(c) calls on the Secretary of Statement for the Environment to support appropriately these endeavours across relevant parts of the Dartmoor Commons.

(b) Forced Installation of Pre Payment  ...  view the full minutes text for item 301.

There was no question from a member of the public but the Chair exercised his discretion and allowed Ms A Goraj to make a representation on day care services, capacity of service users and the best interests of service users and their families, on the basis that the subject featured on the Cabinet agenda and she would have submitted a formal question if aware of the item.

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:

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

Standing Advisory Council on Religious Education – 9 February 2023

Farms Estate Committee – 20 February 2023

Devon Authorities Strategic Waste Committee - 22 February 2023

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:

Standing Advisory Council on Religious Education – 9 February 2023

Farms Estate Committee – 20 February 2023

Devon Authorities Strategic Waste Committee - 22 February 2023

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.

The Registers of Decisions taken by Members 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.

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.

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.

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.