Agenda and minutes

Minutes of the meeting held on 22 June 2023, previously circulated.

RESOLVED that the Minutes of the meeting held on 22 June 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 matter raised as a matter of urgency.

Members of the public may make representations/presentations on any substantive matter listed in the published agenda for this meeting, as set out hereunder, relating to a specific matter or an examination of services or facilities provided or to be provided.

In accordance with the Council’s Public Participation Rules, the Committee received and acknowledged oral representations made by Cllr C Cottle-Hunkin, Torridge District Council, Mr J Smith, Vice Chairman, Coldridge Parish Council and Ms C Bury.   A statement was also read out on behalf of Ms Baker.  The representations were on a matter to be considered by the Committee that day, namely the Call-in of Cabinet Decision - Mobile Library Service (Minute *359 of 12 July 2023).

The Chair responded, thanking the public for all their representations which would be taken into account by the Committee during its subsequent deliberations.

In accordance with the Scrutiny Procedure Rules, the Chair of the Corporate, Infrastructure and Regulatory Services Committee (Councillor Dewhirst) has invoked the call-in procedure in relation to the decision of the Cabinet (Minute *359 of the 12 July 2023) in relation to the Mobile Library Service in Devon.

The grounds for this call-in are detailed in the attached document.  Also attached is the original Cabinet report containing proposals for the Mobile Library Service and associated Impact Assessment to support Members in considering this call-in.

Councillor Croad, Cabinet Member, for Public Health, Communities and Equality attended in accordance with Standing Order 25(1) and spoke to this item in support of the Cabinet resolution of 12 July 2023 (i.e. decommissioning the mobile library vehicles and providing £25k transition support for vulnerable users to continue to access alternative library provision).

In accordance with Section 4(d), Paragraph 17, of the Scrutiny Procedure Rules, the Chair of the Corporate, Infrastructure and Regulatory Services Committee (Councillor Dewhirst) had invoked the call-in procedure in relation to the decision of the Cabinet (Minute *359 of the 12 July 2023) in relation to the Mobile Library Service in Devon.

The grounds for this call-in were:-

“1. When Cllr Connett spoke, the issue of leasing was raised. Then during the Cabinet meeting, it was revealed by the Head of Communities that officers had looked at leasing mobile library vehicles as an option to continue the service. However, this was not mentioned in the report to Cabinet, so Cabinet members had no opportunity to consider leasing as an alternative option to sustain the service. It was only in response to Cllr Connett's comment that the Head of Communities revealed leasing had been considered. However, the report did not set out how officers looked at this, what the financial considerations were and why it was not considered a viable option.

2. The report is unclear on whether the £217,000 being saved by axing the mobile library service is a genuine revenue saving to the council or is the money being 'recycled' into Libraries Unlimited to help meet service costs? This was not made clear during the meeting. It was stated that that the saving was a 'saving to the council'. It was also said it would support Libraries Unlimited who, without it, would have to make other cuts. Therefore, the Cabinet has decided to axe the mobile library service without the knowledge of what other cuts the library contractor would make - and therefore the Cabinet did not compare and consider the range of cuts and their likely impact on communities. The only option was to axe the mobile libraries.

3. Two councillors from Torridge District Council presented a petition at the start of the Cabinet meeting against the cuts. The petition was presented to the Leader of the Council. However, the Cabinet did not consider the petition, refer to it, or take it into account in any way before deciding to cut the mobile library service.

4. The Report before the Cabinet was silent or obscure on how any costs of the mobile libraries closure would be dealt with - for example, redundancy, pension costs etc. Therefore, the Cabinet has failed to consider the full financial impact on other budgets of the council - including identifying how the proposed one-off grant of £25,000 in Option 2 would be funded, and where any redundancy costs would be met from.

5. The Cabinet had not considered the adequacy of the proposed £25,000 for mitigation measures of  ...  view the full minutes text for item 124.

In accordance with previous practice, Scrutiny Committees are requested to review the list of forthcoming business and determine which items are to be included in the Work Programme.

The Committee may also wish to review the content of the Cabinet Forward Plan and the Corporate Infrastructure and Regulatory Services Risk Register to see if there are any specific items therein it might wish to explore further.

The Head of Scrutiny updated the Committee as to the work programme. In accordance with good governance, Members were encouraged to attend the masterclasses, visits and standing overview group meetings that had been scheduled.  

The last DCC Council meeting (minute 232) had also referred the matter of the Call to Protect Ticket Offices Across Devon, following plans announced to close up to 1000 rail ticket offices across England in the next 3 years. Council recommended that: Scrutiny invite representatives from the relevant rail operators(s) to attend a Scrutiny meeting at the earliest possible point to discuss future plans for ticket offices and staffing in Devon.

Members had no further items to add to the work programme.

The work programme was available at: Scrutiny Work Programme - Democracy in Devon

It was MOVED by Councillor Chesterton and SECONDED by Councillor Hodgson and RESOLVED:

(a) that rail companies be invited to attend the next meeting of this Committee to discuss future plans for ticket offices and staffing in Devon; and

(b) that the rail and bus companies be invited to attend an annual meeting/ provide an annual report, to give an opportunity for regular discussion and review.

Report of the Director of Climate Change, Environment and Transport (CET/23/64), attached.

Councillor Hughes, Cabinet Member attended in accordance with Standing Order 25(1) and spoke to this item, giving its one year update.

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/64) on progress to date on Devon’s application as one of a handful of local authorities in England applying to the Department for Transport (DfT) for powers to enforce Moving Traffic Offences (MTOs).  MTOs were actions taken by drivers in direct violation of the rules of the road (e.g.  driving through a no entry sign, making banned turns, entering a yellow box junction when the exit wasn’t clear and driving on routes that were for buses and taxis only). The Council was considering ANPR (Automatic Number Plate Recognition) camera systems to be located at a number of locations around the county.

Public consultation closed 25 September 2023 and was to be reviewed before any application was made.

A further update was proposed following the provision of powers to the Authority and updating on progress on launching enforcement at the 8 sites identified in this Report.

Discussions and responses included:-

-This aimed to improve road safety, ease congestion and improve public services (e.g. by including driving in bus lanes as an MTO), as well as to be cost neutral, or marginally in deficit in accordance with national Guidance;

-MTOs were to be a last option, once Officers had reviewed highway restrictions in any given location.  This was not about revenue generation;

-the Council was looking to procure cost effective and efficient technology to implement MTOs; 

-Officers continued to work closely with the Police to best utilise the use of all types of highway cameras;

It was MOVED by Councillor Dewhirst and SECONDED by Councillor Bullivant and RESOLVED:

that the Committee fully supports the Report and progress made on the recommendations from the Moving Traffic Offences Spotlight Review and the current position on the application to Department for Transport for Moving Traffic Enforcement powers and hopes that this can be developed swiftly, to enable other notable locations around the County with regular enforcement to be included.

(Councillor Roome requested that his abstention from voting be recorded).

Report of the Director of Climate Change, Environment and Transport (CET/23/65), attached.

Councillor Hughes, Cabinet Member for Highways Management, attended in accordance with Standing Order 25(1) and spoke to this item.

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/65).  In response to the recommendations of the Planned & Reactive Maintenance: Potholes & Drainage Task Group presented to this Scrutiny Committee in March 2019 an updated Performance Dashboard Report had been produced, giving an overview of the performance of the Highways and Traffic Management Team over the summer period.

Discussion included:-

-Members acknowledged the ongoing highways underfunding due to the financial pressures on the Council as a whole and ways to manage the main highway network priorities and the issues for local roads; 

-the extension of the successful ‘Elastomac’ trial to the end of October, a seasonal treatment only (see paragraph 2.2 of the Report);  

-monitoring of any safety defects in work carried out;

-reduction of two gritters whilst maintaining the winter maintenance service;

-gulley cleaning: reliability and currently behind schedule due to weather and flooding since May 2023;

-the costs and difficulties associated with contractors being unable to undertake planned work when impeded by parked cars;

-consistency of quality of work undertaken;

-success of cycleway surface trials;

-the issues for pedestrians including vulnerable groups, such as those with visual or mobility impairments, where there were no pavements through villages and a poor quality highway surface;

- public portal to report faults and how to improve mis-reportings (e.g. of pothole and flooding issues);

-welcoming the forthcoming Scrutiny visits to the materials lab on 11 and 18 October 2023.

It was MOVED by Councillor Dewhirst and SECONDED by Councillor Trail and RESOLVED:

that Cabinet be requested to look at ways of ensuring contractors can undertake planned work and are not impeded by parked cars.

The Committee received the Report of its Climate Change Standing Overview Group, which had considered the draft Devon, Cornwall and Isles of Scilly Climate Adaptation Strategy, available at Adaptation Strategy – Climate Resilient Devon, Cornwall and Isles of Scilly (climateresilient-dcios.org.uk)

It was MOVED by Councillor Dewhirst and SECONDED by Councillor Bullivant and RESOLVED:

that the Corporate Infrastructure and Regulatory Services Scrutiny Committee accepts this Report as an accurate record of the meeting and makes the following recommendations to Cabinet, namely that:

(a)  Cabinet be asked write to Government to request more robust controls that developers must adhere to under the Future Homes Standard, in relation to the climate including: making solar panels mandatory for new builds on buildings which it is possible and appropriate to do so; and ensuring that new builds are required to put measures in place to reduce water usage below the Building Regulations Part G Optional Requirement of 110 litres per person per day. This would be to reduce the need for new, strategic energy and water infrastructure;

(b)  Cabinet be asked to further write to Government and to South West Water asking them to commit to working together to maintain existing infrastructure (particularly applying greater efforts for leakage reduction) before developing new water storage infrastructure and to prioritise these above the energy-intensive process of desalination; and

(c)  Cabinet also encourages organisations responsible for strategic infrastructure to prioritise collaboration between one another to ensure that management decisions will not negatively affect the integrity or maintenance requirements of nearby or related infrastructure. This would be to ensure the implications of any such decision do not negatively impact community resilience to climate change, and that such decisions are taken in line with the Devon, Cornwall and Isles of Scilly Climate Adaption Strategy.

Report of the site visit, June 2023, attached.

The Committee received the site visit report, which included key messages around processing, challenges, benefits to local businesses and conclusions as to the inexpensive benefits to the gas and energy grid and farmers, being environmentally friendly and completely renewable, providing clean energy and reducing the amount of landfill waste.  The Chair welcomed the excellent and informative visit to the Plant.