Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 3 October 2019.

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 3 October 2019 be signed as a correct record.

The Motion was put to the vote and declared CARRIED.

The Chair of the Council formally welcomed Councillor Greg Sheldon to his first meeting of the Council, following his election at the By-election for the Heavitree and Whipton Barton Division held on 24th October 2019.

First, the Chair congratulated Loddiswell primary school who had won a prestigious national award for sustainability. The building had been commended by Spaces, the Society for Public Architecture, Construction, Engineering and Surveying due to its zero rating for carbon emissions, even when in use. The large number of innovative and sustainable concepts in the project impressed all the judges.

Second, the Chair paid tribute to Devon, Somerset and Torbay Trading Standards Service who had been shortlisted for the 2020 LGC Awards in the ‘Best Service Delivery Model’ category. The joint service model was initially commissioned to deliver excellent services to protect consumers and support businesses at a time of diminishing resources, but had gone from strength to strength with Torbay Council joining in 2017 and following that merging with the Council’s Economic Development team to streamline provision of both regulatory support as well as access to a wide range of general business support and grant programmes.

The LGC reported a record number of entries this year, so to be shortlisted was a remarkable achievement.

The Chair congratulated both Loddiswell School and Trading Standards for their achievements.

In addition, he paid tribute to Rachael Smaldon, one of the Council’s Workforce Development Advisors, who had won the Learning Pool Rising Star Award at the Learning Pool awards (Learning Pool being the company who provided the Council’s DeL platform). This award had come hot on the heels of the Council’s win at the recent South West National Apprenticeship Awards, attended by Gemma Vine and Tracey Mills who had gone to the national awards in London on 27th November 2019. Whilst the Council did not win this time at the national event, there was some exceptionally stiff competition.

Hot of the press was that Devon had scooped a hoard of gold and silver awards at this year’s Social Worker of the Year Awards ceremony. The Family Group Conferencing Plus team, including Lifelong Links, had taken the Gold award for Team of the Year, Children’s Services. The West Devon Community Health and Social Care team took Silver for Team of the Year and the Devon Prison’s Adult Social Care team also took the Silver award for the Creative and Innovative Social Work Practice category. The prestigious awards ceremony was held in London on 29 November 2019 and was organised by the Social Work Awards charity, aiming to improve public awareness and understanding of social work by showing the positive impact of social workers in the wide range of roles they undertook.

The Council also congratulated John Jackson, from Exmouth and the rest of the 4 Man Bobsleigh team. They had participated in the 2014 Winter Olympic Games in Sochi, Russia and had come 5^th. However, the teams that finished both 1st and 4th, had since been disqualified meaning  ...  view the full minutes text for item 243.

There was no item raised as a matter of urgency.

Members to receive a presentation on the role and activities of the Council’s Apprenticeship schemes.

The Leader of the Council introduced three of the Council’s apprentices who gave a short presentation to the Council on the apprenticeship offer and ambassador network.

Ellie (Office Support Apprentice) was one of the ‘Step In’ apprentices who had recently joined the Council and was also a participant in the Step Forward employability programme. Marnie (Participation Worker), was a Step In (new recruit) apprentices who had progressed onto a further role within the Council and was also one of the Young Apprenticeship Ambassadors and Victoria (Careers Hub Manager) was a ‘Next Steps’ apprentice, doing a degree level management apprenticeship.

All presenters shared their personal experiences of the scheme and the opportunities offered by the Council.

The presentation also highlighted the number of areas in which apprentices could specialise as well as the increase in the numbers of apprentice starters since March 2017 (a rise of 194%) and the Step Forward employability programme.

The Leader and the Chair, on behalf of the Council, thanked all the presenters for their presentation, congratulating them for their hard work and efforts in helping make the scheme a success.

Petitions, Questions or Representations from Members of the public in line with the Council’s Petitions and Public Participation Schemes.

The Leader was presented, by Mrs Tait with a petition organised by local residents who either live or have to turn into the unclassified rural road at Yeo Vale, Littleham, Bideford.  

The Petition contained approximately 120 signatures and related to the conditions of the road, the current speed limit and to request that the criterion for deciding the speed limit be reconsidered in the light of the road’s characteristics.

A further Petition was presented from Mr Robin Campbell, containing approximately 100 signatures in relation to parking restrictions in Rosebarn Lane, Exeter.

In line with the Council’s Petition Scheme, the relevant Cabinet Member or Head of Service would be asked to respond direct to the petitioners on the issues raised, within 15 days.

In accordance with the Council's Public Participation Rules, the Leader and relevant Cabinet Members responded to three questions from members of the public on reading the 5G Space Appeal which was being presented to the new Government in January, the Local Government Association (LGA) Business Plan, local solutions to national problems and erosion of local power and the spotlight review on 5G and timelines for the recently issued questionnaire.

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

There were no oral representations made by any member of the public.

[NB: A copy of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://democracy.devon.gov.uk/ieListMeetings.aspx?CId=132&Year=0 and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

There was no Petition received from a Member of the Council.

Answers to questions from Members of the Council pursuant to Standing Order 17.

In accordance with the Council’s Procedure Rules, the Leader and relevant Cabinet Members provided written responses to twelve questions submitted by Members of the Council relating to workforce challenges in the domiciliary care market, the Council’s ‘Proud to Care’ campaign and innovative approaches to alleviate current issues, nurseries and schools in Devon in budget deficit, meetings with the Regional Schools Commissioner and agenda topics, integration and inclusion in schools for children with disabilities, representations to the DfE regarding Free Schools, Government support for electrification of railways in the South West and investment in the Okehampton line for economic potential and to address the climate emergency, the meaning and importance of International Women’s Day (March 8th) and how the Council would mark and celebrate the day, consultation regarding school crossing patrols at Yeo Valley School and at Ashleigh Road School, progress on flood alleviation measures for Barnstaple especially in the Pilton Park area, direct rail services from Barnstaple to London, retention and recruitment of health and care workers in the County and measures to address those issues, increases in school funding and the league table in Devon of funding per pupil.

The Leader and relevant Cabinet Members also responded orally, as appropriate, to any supplementary questions arising therefrom.

[NB: See also responses to Questions referred to at Minute 246 above. A copy of the questions and answers are appended to the signed minutes and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

To receive and approve the Report of the Chief Executive (CX/19/1) with proposals for the  Constituent Authorities on the Heart of the South West (HOtSW) Joint Committee’s Governance Arrangements and budgetary position for 2019/20, together with the Minute 407 (a-c) of the Cabinet held on 9 October 2019.

The Report is attached.

(Councillor Davis declared a personal interest in this matter by virtue of being a Member of the Joint Committee, appointed by Exmoor National Park).

The Council considered the recommendations of the Cabinet from the meeting held on 9 October 2019 relating to proposals for the Constituent Authorities on the Heart of the South West (HOtSW) Joint Committee’s Governance Arrangements, budgetary position for 2019/20 and financial contribution for 2020/2021.

The Leader of the Council MOVED and Councillor McInnes SECONDED that the recommendations of Cabinet be approved and that Governance arrangements and budgetary position for 2019/20 relating to the Heart of the South West Joint Committee, as set out at Minute 407 (a-c) of the Cabinet, be endorsed.

The motion was put to the vote and declared CARRIED.

(In accordance with Standing Order 32(4) Councillors Brazil, Connett, Dewhirst, G Hook, J Hook and Way asked that their abstention from the vote be recorded)

To receive and approve the Report of the Head of Planning, Transportation and Environment (PTE/19/35) recommending an approach setting a revised energy and carbon strategy for the Council’s (DCC) operations in response to the climate emergency, together with the Minute 408 (a and b) of the Cabinet held on 9 October 2019.

The Report is attached.

The Council considered the recommendations of the Cabinet from the meeting held on 9 October 2019 relating to proposals for an approach in setting a revised energy and carbon strategy for the Council’s (DCC) operations in response to the climate emergency.

The Leader of the Council MOVED and Councillor McInnes SECONDED that the recommendations of Cabinet be approved and that the revised energy and carbon strategy, as set out at Minute 408 (a and b) of the Cabinet, be endorsed.

The motion was put to the vote and, nem con, declared CARRIED.

To consider reports from Cabinet Members.

The Council received reports from the relevant Cabinet Members on matters of interest or service developments relating to their remits which had occurred since the previous meeting or were likely to have an impact in the future or on specific issues upon which they had been asked to comment, as set out below:

(a)        Policy, Corporate and Asset Management

Councillor Hart was asked to comment, by Councillor Hannaford on budget cuts, potential funding gaps for future years and economic modelling and also on the regional and local work being done in these and other areas, with others, and ministries, to protect local residents, communities and businesses from a no deal Brexit.

The Leader commented that the budget situation was currently unknown, particularly with the General Election pending. The budget settlement for 2020/2021 was also not yet available. In terms of Brexit, again the General Election added to the uncertainty and whilst contingency plans were in place, much was on hold pending the outcome of the Election.

The Leader also responded to questions on the resilience of Devon and the general underfunding of Local Government.

(b)        Community, Public Health, Transportation and Environment

Councillor Croad circulated a report, as requested by Councillor Hannaford on the Dolly Parton’s Imagination Library of the United Kingdom and any work undertaken to assess the viability for its roll out as well as available data on access to books for local children.

The Report highlighted that the cost of the books and the number of children in Devon meant the funding required would be in the region of £2.036m. There was a range of offers already in place including Bookstart (Libraries Unlimited), BookTrack and the national Summer Reading Challenge scheme. In addition, working with the Virtual Schools Team, a library membership card and £5 book token was sent to all children new into care in Devon.  Appendix 1 to the Report gave further information on the Summer Reading Challenge and data on the number of children book issues for each library.

The Cabinet Member stated that whilst such schemes (Dolly Parton Imagination Library) had a place, there was no substitute for young people and families being engaged with their local library and gaining access to good quality and free resources.

He also responded to Councillor G Hook on the recently published study by "Climate Central" which had stated large areas of Devon would be underwater by 2050. Of note, the Cabinet Member said that the new online mapping tool (by Climate Central) showed the theoretical risk of flooding in coastal areas associated with projected future sea level rise.  However, this mapping was based on ground elevation data, and did not take account of existing flood defences.

The Environment Agency had specific responsibility for such coastal (and associated main river) flooding although the Council often worked closely with them in addressing such risks, e.g. the Council’s investment of £3 million in the Exeter Flood Defence Scheme.  The Devon Local Flood Risk Management Strategy would be revised in 2020  ...  view the full minutes text for item 251.

To receive and approve the Minutes of the under mentioned Committees

The Chair of the Council MOVED and it was duly SECONDED that the Minutes of the under-mentioned meetings of Committees be approved.

Appeals Committee                                           -           16 October & 2 December 2019

Development Management Committee               -           16 October & 27 November 2019              

Standards Committee                                        -           4 November 2019

Procedures Committee                                      -           7 November 2019

(including proposed amendments to the terms of reference of the Local Enterprise Partnership Joint Scrutiny Committee, the amendments to the constitution of the Appeals Committee and associated amendments to the Constitution, set out at minutes 76 and 78).

Public Rights of Way Committee                        -           12 November 2019

Audit Committee                                                -           14 November 2019

Investment & Pension Fund Committee              -           15 November 2019

Children’s Scrutiny Committee                           -           18 November 2019

Corporate Infrastructure & Regulatory                 -           26 November 2019

Services Scrutiny Committee

Health & Adult Care Scrutiny Committee             -           28 November 2019

The Motion was put to the vote and declared CARRIED.

To receive and consider the recommendations of the Cabinet (Minute 422(a)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hodgson and referred thereto in accordance with Standing Order 8(2), namely: 

That DCC amends the Declaration of a Climate Emergency to include an Ecological Emergency.

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/19/25) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

that Council be advised that no further action need be taken, given that agreement on this issue has already been reached through the Devon Climate Emergency Response Group.

Pursuant to County Council Minute 239 of 3 October 2019 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hodgson:

that DCC amends the Declaration of a Climate Emergency to include an Ecological Emergency.

and having had regard to the advice of the Cabinet set out in Minute (Minute 422(a)) of 13 November 2019:

that Council be advised that no further action need be taken, given that agreement on this issue has already been reached through the Devon Climate Emergency Response Group.

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that no further action be taken on the Notice of Motion on the basis that the issue had already been actioned through the Devon Climate Emergency Response Group.

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

To receive and consider the recommendations of the Cabinet (Minute 422(b)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Hodgson and referred thereto in accordance with Standing Order 8(2), namely:

In response to the recent Climate & ecological Emergency protests, this Council will reconsider its date for becoming carbon neutral from 2050 to a revised date of 2025.

Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (CSO/19/25) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

that the Council ratifies the target date, recently endorsed by Cabinet, of 2030 for this authority to achieve carbon neutrality and, through its role in the Devon Climate Emergency Response Group, encourages the Net-Zero Task Force to be ambitious in its drafting of the Devon Carbon Plan.

Pursuant to County Council Minute 240 of 3 October 2019 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Hodgson that: 

In response to the recent Climate & ecological Emergency protests, this Council will reconsider its date for becoming carbon neutral from 2050 to a revised date of 2025.

and having had regard to the advice of the Cabinet set out in Minute 422(b) of 13 November 2019:

that the Council ratifies the target date, recently endorsed by Cabinet, of 2030 for this authority to achieve carbon neutrality and, through its role in the Devon Climate Emergency Response Group, encourages the Net-Zero Task Force to be ambitious in its drafting of the Devon Carbon Plan.

Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Notice of Motion be amended to reflect the newly ratified target date of 2030 for the Council to achieve carbon neutrality, but would also encourage the Net-Zero Task Force to be ambitious in its drafting of the Devon Carbon Plan.

The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED, nem. con., as the substantive motion.

Councillor Hannaford to move:

This Council notes that LGBT+ inclusive relationships and sex education is crucial to the development of young LGBT+ people, and in creating a more tolerant, caring and open society.

Council notes with concern that the current climate for LGBT+ people in the UK means that that nearly half - including 64 per cent of trans pupils - are bullied for being LGBT+ in Britain's schools.

Council notes that the repeal of Section 28 was a pivotal moment for LGBT+ rights, and that the UK must never move backwards on LGBT+ rights by stopping LGBT+ inclusive education in schools.

Council notes that people of all faiths and none are LGBT+ and it is vital that all children receive comprehensive and inclusive age appropriate relationships and sex education.

Council welcomes the introduction of statutory Relationships Education and Relationships and Sex Education (RSE), which all primary and secondary schools in England respectively will be required to teach from September 2020.

Council affirms unequivocally its support for compulsory LGBT+ inclusive Relationships Education and Relationships and Sex Education in all state funded primary and secondary schools.

Council commits to ensuring that schools are delivering RSE in line with new Government guidance.

Councillor Hannaford MOVED and Councillor Aves SECONDED

This Council notes that LGBT+ inclusive relationships and sex education is crucial to the development of young LGBT+ people, and in creating a more tolerant, caring and open society.

Council notes with concern that the current climate for LGBT+ people in the UK means that that nearly half - including 64 per cent of trans pupils - are bullied for being LGBT+ in Britain's schools.

Council notes that the repeal of Section 28 was a pivotal moment for LGBT+ rights, and that the UK must never move backwards on LGBT+ rights by stopping LGBT+ inclusive education in schools.

Council notes that people of all faiths and none are LGBT+ and it is vital that all children receive comprehensive and inclusive age appropriate relationships and sex education.

Council welcomes the introduction of statutory Relationships Education and Relationships and Sex Education (RSE), which all primary and secondary schools in England respectively will be required to teach from September 2020.

Council affirms unequivocally its support for compulsory LGBT+ inclusive Relationships Education and Relationships and Sex Education in all state funded primary and secondary schools.

Council commits to ensuring that schools are delivering RSE in line with new Government guidance.

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

Councillor Hannaford to move:

This Council notes that:

1. Last year 780 young people (aged 16 or over) left the care of Devon County Council and began the difficult transition out of care and into adulthood.

2. A 2016 report by The Children’s Society found that when care leavers move into independent accommodation they begin to manage their own budget fully for the first time. The report showed that care leavers can find this extremely challenging and with no family to support them and insufficient financial education, are falling into debt and financial difficulty.

3. Research from The Centre for Social Justice found that over half (57%) of young people leaving care have difficulty managing their money and avoiding debt when leaving care.

4. The local authority has statutory corporate parenting responsibilities towards young people who have left care up until the age of 25.

5. The Children and Social Work Act 2017 places corporate parenting responsibilities on district councils for the first time, requiring them to have regard to children in care and care leavers when carrying out their functions.

This Council believes that:

1. To ensure that the transition from care to adult life is as smooth as possible, and to mitigate the chances of care leavers falling into debt as they begin to manage their own finances, they should be exempt from paying council tax until they are 25.

2. Care leavers are a particularly vulnerable group for council tax debt.

This Council, therefore, resolves:

1. To use the county council’s convening powers and expertise in corporate parenting to work with all council tax collecting authorities to exempt all care leavers in the county from council tax up to the age of 25, sharing any arising costs proportionately.

Councillor Hannaford MOVED and Councillor Whitton SECONDED

This Council notes that:

1. Last year 780 young people (aged 16 or over) left the care of Devon County Council and began the difficult transition out of care and into adulthood.

2. A 2016 report by The Children’s Society found that when care leavers move into independent accommodation they begin to manage their own budget fully for the first time. The report showed that care leavers can find this extremely challenging and with no family to support them and insufficient financial education, are falling into debt and financial difficulty.

3. Research from The Centre for Social Justice found that over half (57%) of young people leaving care have difficulty managing their money and avoiding debt when leaving care.

4. The local authority has statutory corporate parenting responsibilities towards young people who have left care up until the age of 25.

5. The Children and Social Work Act 2017 places corporate parenting responsibilities on district councils for the first time, requiring them to have regard to children in care and care leavers when carrying out their functions.

This Council believes that:

1. To ensure that the transition from care to adult life is as smooth as possible, and to mitigate the chances of care leavers falling into debt as they begin to manage their own finances, they should be exempt from paying council tax until they are 25.

2. Care leavers are a particularly vulnerable group for council tax debt.

This Council, therefore, resolves:

1. To use the county council’s convening powers and expertise in corporate parenting to work with all council tax collecting authorities to exempt all care leavers in the county from council tax up to the age of 25, sharing any arising costs proportionately.

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

Councillor Shaw to move:

This County Council is concerned by scientific findings showing that artificial light pollution is a major factor in the decline of insect populations, and resolves to review the appropriateness of all external lighting for which the Council is responsible in the light of this concern, in conjunction with its Climate Emergency planning.

Councillor Shaw MOVED and Councillor Biederman SECONDED

This County Council is concerned by scientific findings showing that artificial light pollution is a major factor in the decline of insect populations, and resolves to review the appropriateness of all external lighting for which the Council is responsible in the light of this concern, in conjunction with its Climate Emergency planning.

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

Councillor Shaw to move:

This County Council notes that the Devon and Somerset Fire and Rescue Service have carried out a public consultation on 7 options for change, all of which include the closure of fire stations at Appledore, Ashburton, Budleigh Salterton, Colyton, Kingston, Porlock, Topsham and Woolacombe, as well as the removal of engines from other stations, and that, while a potential overall improvement in safety has been claimed as a result of these options, all are likely to result in increased risk for the substantial proportion of Devon's population who live near the affected stations.

This County Council notes that divisional members representing affected stations who are not members of the Fire and Rescue Authority, while having had the opportunity to submit written representations to the consultation, would not normally be able under the Authority's Standing Orders to address the Authority's decision-making meeting, This Council therefore requests the Authority to provide an opportunity, Standing Orders notwithstanding, for any affected members who wish so to speak.

This County Council also regrets the failure of the Fire and Rescue Service to consult directly with the Council as a partner Category 1 responder organisation in the provision of emergency services under the Civil Contingencies Act 2004, and notes that detailed discussion of the impact on civil contingencies such as flooding was not provided in the consultation. The Council therefore resolves to communicate its concern to the Service about this aspect of the consultation.

Councillor Shaw MOVED and Councillor Hodgson SECONDED that in accordance with Standing Order 6(6), the following Notice of Motion be considered at this meeting.

Councillor Shaw then MOVED and Councillor Hodgson SECONDED that, in accordance with Standing Order 32, the vote on debating the motion at the meeting shall be by a roll call vote.

The Motion for the roll call vote was put to the vote and declared LOST.

The Motion to debate the Notice of Motion at the Council meeting was put to the vote and also declared LOST.

Councillor Shaw then MOVED and Councillor Hodgson SECONDED that:

This County Council notes that the Devon and Somerset Fire and Rescue Service have carried out a public consultation on 7 options for change, all of which include the closure of fire stations at Appledore, Ashburton, Budleigh Salterton, Colyton, Kingston, Porlock, Topsham and Woolacombe, as well as the removal of engines from other stations, and that, while a potential overall improvement in safety has been claimed as a result of these options, all are likely to result in increased risk for the substantial proportion of Devon's population who live near the affected stations.

This County Council notes that divisional members representing affected stations who are not members of the Fire and Rescue Authority, while having had the opportunity to submit written representations to the consultation, would not normally be able under the Authority's Standing Orders to address the Authority's decision-making meeting, This Council therefore requests the Authority to provide an opportunity, Standing Orders notwithstanding, for any affected members who wish so to speak.

This County Council also regrets the failure of the Fire and Rescue Service to consult directly with the Council as a partner Category 1 responder organisation in the provision of emergency services under the Civil Contingencies Act 2004, and notes that detailed discussion of the impact on civil contingencies such as flooding was not provided in the consultation. The Council therefore resolves to communicate its concern to the Service about this aspect of the consultation.

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

(In accordance with Standing Order 32(4) Councillors Connett and Dewhirst asked that their vote in supporting that the Motion be debated at the meeting be recorded)

Councillor Scott to move:

DCC to sign the Prevention Concordat for better mental health.

Recognises and commits to support The Every Mind Matters campaign.

Supports the mental health of all DCC employees and contractors, this is key to providing first class services and leadership in Devon.

Understands the need to prevent mental health problems and promote good mental health through the lived experience of people who have suffered mental health problems.

Councillor Scott MOVED and Councillor Hall SECONDED that:

DCC to sign the Prevention Concordat for better mental health.

Recognises and commits to support The Every Mind Matters campaign.

Supports the mental health of all DCC employees and contractors, this is key to providing first class services and leadership in Devon.

Understands the need to prevent mental health problems and promote good mental health through the lived experience of people who have suffered mental health problems.

                        (further information at https://www.gov.uk/government/publications/prevention-concordat-for-better-mental-health-consensus-statement/prevention-concordat-for-better-mental-health)

In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.