Agenda, decisions and minutes

Venue: Committee Suite - County Hall

Contact: Wendy Simpson, 01392 384383  Email: wendy.simpson@devon.gov.uk

Note: Due to Covid restrictions and social distancing measures, members of the press and public must contact the Clerk to book a place should they wish to attend this meeting in person. It will however be live streamed and you can watch by copying and pasting this link into your browser: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDU0NWE5Y2ItODk1ZC00MzYwLThhMWMtNWExYzg5Y2ExODc3%40thread.v2/0?context=%7b%22Tid%22%3a%228da13783-cb68-443f-bb4b-997f77fd5bfb%22%2c%22Oid%22%3a%22d4c7c921-da4a-44fb-bcd0-72add6d37054%22%2c%22IsBroadcastMeeting%22%3atrue%7d&btype=a&role=a 

Items
Note No. Item

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8.

Minutes

Minutes of the two meetings held on 27 September 20021 (previously circulated).

Decision:

RESOLVED that the minutes of the two meetings held on 27 September 2021 be signed as a correct record.

Minutes:

RESOLVED that the minutes of the two meetings held on 27 September 2021 be signed as a correct record.

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9.

Items Requiring Urgent Attention

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

Minutes:

There was no item raised as a matter of urgency.

10.

Announcements

Minutes:

The Chair welcomed new Committee Member Mr Rupert Shinner, representing the Devon Federation of Young Farmers’ Clubs.

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11.

Revenue Monitoring (Month 7) 2021/22 pdf icon PDF 194 KB

Report of the Director of Finance - Designate (DF/21/21) on the County Farms Estate Revenue Monitoring Statement (Month 7) 2021/22, attached.

Minutes:

The Committee received the Report of the Director of Finance (designate) (DF/21/21) on the County Farms Estate Revenue Monitoring (Month 7) 2021/22, noting the target surplus of £464,000 and providing a summary of the annual budget and detailing income and expenditure to date.

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12.

Capital Monitoring (Month 7) 2021/22 pdf icon PDF 202 KB

Report of the Director of Finance – Designate (DF/21/22) on the County Farms Estate Capital Monitoring (Month 7) 2021/22, attached.

Minutes:

The Committee received the Report of the Director of Finance (designate) (DF/21/22) on the County Farms Estate Capital Monitoring (Month 7) 2021/22, noting that the approved capital programme for 2021/22 was £1,215,019.

 

It was noted that a budget provision of £89,000 had been made in this year’s revenue account for end of tenancy compensation liabilities, but with 11 farms being re-let, additional capital funding would inevitably be required.

 

The table at item 6.2 in the Report was incorrect and should read:

 

Financial year

2022/23

2023/24

2024/25

2025/26

2024/27

Total

Bid (£)

1,000,000

1,000,000

600,000

600,000

600,000

3,800,000

 

 

 

 

 

 

 

13.

Management and Restructuring Issues pdf icon PDF 466 KB

Report of the Head of Digital Transformation and Business Support on the County Farms Estate Management and Restructuring issues, attached.

Decision:

(a)       Part East Week Farm II, South Tawton

 

RESOLVED that the 11.83 acres or thereabouts of land at part East Week Farm 2, South Tawton and more particularly known as OS 8375, 8300 and 9300 be advertised to let in internal competition between the tenants of Lower East Week Farm, South Tawton; Smithscross Farm, Drewsteignton; Higher Fingle Farm, Drewsteignton; and East Fingle Farm, Drewsteignton on a three year Farm Business Tenancy commencing 25 March 2023 and expiring 25 March 2026, subject to terms being agreed.

 

(b)       Part Greenhills Farm, West Anstey

 

RESOLVED that the current tenant be offered a further short term Farm Business Tenancy agreement of the 19.87 acres or thereabouts of land forming part Greenhills Farm, West Anstey and more particularly described as OS 2327, 3226, 4623 and 3009 for a term commencing 25 March 2023 and expiring 25 March 2026, subject to terms being agreed.

 

(c)        Endfield Farm, Sandford

 

RESOLVED that Endfield Farm, Sandford be advertised to let on the open market to new entrants as a starter farm for a term of seven years commencing 25 March 2023 and terminating 25 March 2030, subject to terms being agreed.

 

(d)       Part Manor Farm, Holcombe

 

RESOLVED that part Manor Farm, Holcombe and more particularly described as part OS 2355 (4.46 acres or thereabouts) be let on a Farm Business Tenancy to the current tenant of Manor Farm, Holcombe for a term of two years commencing 25 March 2023 and expiring 25 March 2025, subject to terms being agreed.

 

(e)       Lower Parks Farm, Crediton

 

RESOLVED that Lower Parks Farm, Crediton be advertised to let on the open market to new entrants as a starter farm for a term of seven years commencing 25 March 2023 and terminating 25 March 2030, subject to the tenancy containing an open break clause capable of being triggered on the giving of 12 months’ notice in writing by the landlord to terminate the agreement on any anniversary, subject to the landlord being able to offer the tenant an alternative holding and all other reasonable terms being agreed.

 

(f)        Great Blakewell Farm, Chittlehampton

 

RESOLVED that Great Blakewell Farm, Chittlehampton be advertised to let internally to existing tenants as a progression farm for a term of up to 15 years commencing 25 March 2023 and terminating 25 March 2038, subject to terms being agreed.

 

(g)       Part Little Allercombe Farm, Rockbeare

 

RESOLVED that the 49.95 acres or thereabouts of land and buildings forming Part Little Allercombe Farm, Rockbeare be amalgamated with Topshayes Farm, Aylesbeare and let to the new tenant of that holding on a Farm Business Tenancy commencing 1 November 2021 (subject to availability) and terminating 25 March 2037, subject to terms being agreed. 

 

 

 

Minutes:

The Committee considered the Report of the Head of Digital Transformation and Business Support on management and restructuring issues.

 

(a)       Part East Week Farm II, South Tawton

 

It was MOVED by Councillor Brook, SECONDED by Councillor Dewhirst and

 

RESOLVED that the 11.83 acres or thereabouts of land at part East Week Farm 2, South Tawton and more particularly known as OS 8375, 8300 and 9300 be advertised to let in internal competition between the tenants of Lower East Week Farm, South Tawton; Smithscross Farm, Drewsteignton; Higher Fingle Farm, Drewsteignton; and East Fingle Farm, Drewsteignton on a three year Farm Business Tenancy commencing 25 March 2023 and expiring 25 March 2026, subject to terms being agreed.

 

(b)       Part Greenhills Farm, West Anstey

 

It was MOVED by Councillor Brook, SECONDED by Councillor Dewhirst and

 

RESOLVED that the current tenant be offered a further short term Farm Business Tenancy agreement of the 19.87 acres or thereabouts of land forming part Greenhills Farm, West Anstey and more particularly described as OS 2327, 3226, 4623 and 3009 for a term commencing 25 March 2023 and expiring 25 March 2026, subject to terms being agreed.

 

(c)        Endfield Farm, Sandford

 

It was MOVED by Councillor Yabsley, SECONDED by Councillor Brook and

 

RESOLVED that Endfield Farm, Sandford be advertised to let on the open market to new entrants as a starter farm for a term of seven years commencing 25 March 2023 and terminating 25 March 2030, subject to terms being agreed.

 

(d)       Part Manor Farm, Holcombe

 

It was MOVED by Councillor Brook, SECONDED by Councillor Dewhirst and

 

RESOLVED that part Manor Farm, Holcombe and more particularly described as part OS 2355 (4.46 acres or thereabouts) be let on a Farm Business Tenancy to the current tenant of Manor Farm, Holcombe for a term of two years commencing 25 March 2023 and expiring 25 March 2025, subject to terms being agreed.

 

(e)       Lower Parks Farm, Crediton

 

It was MOVED by Councillor Brook, SECONDED by Councillor Yabsley and

 

RESOLVED that Lower Parks Farm, Crediton be advertised to let on the open market to new entrants as a starter farm for a term of seven years commencing 25 March 2023 and terminating 25 March 2030, subject to the tenancy containing an open break clause capable of being triggered on the giving of 12 months’ notice in writing by the landlord to terminate the agreement on any anniversary, subject to the landlord being able to offer the tenant an alternative holding and all other reasonable terms being agreed.

 

(f)        Great Blakewell Farm, Chittlehampton

 

It was MOVED by Councillor Brook, SECONDED by Councillor Dewhirst and

 

RESOLVED that Great Blakewell Farm, Chittlehampton be advertised to let internally to existing tenants as a progression farm for a term of up to 15 years commencing 25 March 2023 and terminating 25 March 2038, subject to terms being agreed.

 

(g)       Part Little Allercombe Farm, Rockbeare

 

It was MOVED by Councillor Brook, SECONDED by Councillor Dewhirst and

 

RESOLVED that the 49.95 acres or thereabouts of land  ...  view the full minutes text for item 13.

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14.

Exclusion of the Press and 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 Paragraphs 1, 2 and 3 of Schedule 12A of the Act, namely information relating to, and which is likely to reveal the identity of, tenants and information relating to the financial or business affairs of tenants and the County Council 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.

 

Decision:

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 Paragraphs 1, 2 and 3 of Schedule 12A of the Act, namely information relating to, and which was likely to reveal the identity of, tenants and information relating to the financial or business affairs of tenants and the County Council 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 outweighed the public interest in disclosing the information.

Minutes:

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 Paragraphs 1, 2 and 3 of Schedule 12A of the Act, namely information relating to, and which was likely to reveal the identity of, tenants and information relating to the financial or business affairs of tenants and the County Council 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 outweighed the public interest in disclosing the information.

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15.

Holdings and Tenancies etc.

(An item to be considered by the Committee in accordance with the Cabinet Procedure Rules and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, no representations having been received to such consideration taking place under Regulation 5(5) thereof)

 

Report of the Head of Digital Transformation and Business Support on the monitoring of tenants on an initial Farm Business Tenancy, attached.

Decision:

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012)

 

RESOLVED that a letter be sent to the tenant of Merrifield Farm, Holsworthy confirming a satisfactory level of competence has been attained to date.

 

 

Minutes:

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012)

 

The Committee considered the Report of the Head of Digital Transformation and Business Support on the Monitoring of Tenants on an Initial Farm Business Tenancy.

 

It was MOVED by Councillor Yabsley, SECONDED by Councillor Brook and

 

RESOLVED that a letter be sent to the tenant of Merrifield Farm, Holsworthy confirming a satisfactory level of competence has been attained to date.