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Agenda and minutes

Venue: Virtual Meeting

Contact: Carole Oliphant  Member Services Officer

Link: audio recording

Items
No. Item

23.

Apologies and Substitute Members (00-03-54)

To receive any apologies for absence and notices of appointment of substitute Members (if any).

Minutes:

Apologies were received from Cllr R L Stanley who was substituted by Cllr C R Slade.

24.

Virtual Meeting Protocol (00-04-15) pdf icon PDF 78 KB

Members to note the virtual meetings protocol

Minutes:

The protocol for virtual meetings was noted.

25.

Declarations of Interest under the Code of Conduct

Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest.

 

Minutes:

Members were reminded to make declarations of interest when appropriate.

 

26.

Public Question Time (00-04-45)

To receive any questions relating to items on the Agenda from members of the public and replies thereto.

 

Note:   A maximum of 30 minutes is allowed for this item.

Minutes:

The Chairman explained that all members of the Committee had read all statements and questions provided, the item under discussion was  to consider  the planning implications of the 5G mobile technology and not about possible health risks and read the following statement: to date there have not been any proposals to roll out the emerging 5G networks across Mid Devon. Neither is there any indication at present as to the intentions of the major mobile networks for provision in Mid Devon. The item today on 5G and planning implications is this Committee taking a proactive role in looking at this issue early and will be covered in further detail during the agenda item.

 

The following questions were received from members of the public present:

 

Mr Charlie Kay referring to Item 11 (Planning Implications of 5G mobile technology) on the agenda stated that: his question related in particular  to the reference to the International Commission on non-ionising radiation protection which he would refer to as ICNIRP.

 

When there are any questions asked in parliament by MP’s, councils,  or members of the public about the health, guidelines, EMF levels or planning applications of 5G structures Government  and  PHE talk of adhering to international standards, and this is, in essence, ICNIRP.  In the report the Head of Planning Economy and Regeneration, she refers to the ICNIRP being independent, it is not independent, the ICNIRP protects the environment and there is a need for Mid Devon to protect the environment.

Louise Thomas again referring to Item 11 on the agenda stated that given the Council's concern about climate change and the environment, is the Council able to take into consideration the environmental impact.  Before Mid Devon District Council gets led down the yellow brick road of the 5G, would they please consider the economic analysis of the entire carbon footprint, environmental impact, and ecological lifecycle cost of the technology, including conflict minerals and e-waste?

 

Rhiannon Augenthaler again referring to item 11 on the agenda  urged Mid Devon to please find a broadband provider who supplied fibre only, there was a need to find technical advancement without risk.   She requested that money was set aside to spend on fibre and not 5G.  Please plan for fibre cables rather than masts, cables omit no radiation and communication is better.  It would be the Head of Planning, Economy and Regeneration who would give objection/approval of masts and the repercussions would come back on you as you would be liable.

 

Lucy Wyatt again referring to the 5G report stated that alien technology did not have huge relevance for the farming community.  Farmer were not gamers.  She referred to the need  to protect agriculture and asked whether a cost analysis had been carried out to determine a trade off between the potential damage to pollinators from wireless technology and the savings to business.

 

Neil Boxall again referring to the 5G report asked what planning actually meant, there were planning considerations and needs and there was also a  ...  view the full minutes text for item 26.

27.

Member Forum (00-37-26)

An opportunity for non-Cabinet Members to raise issues.

Minutes:

There were no issues raised under this item.

28.

Minutes of the previous meeting (00-37-44) pdf icon PDF 81 KB

Members to consider whether to approve the minutes as a correct record of the meeting held on 1st June 2020.

 

The Committee is reminded that only those members of the Committee present at the previous meeting should vote and, in doing so, should be influenced only by seeking to ensure that the minutes are an accurate record.

 

Minutes:

The minutes of the last meeting were approved as a correct record.

29.

Decisions of the Cabinet (00-38-40)

To consider any decisions made by the Cabinet at its last meeting that have been called-in.

Minutes:

The Committee NOTED that none of the decisions made by the Cabinet on 11 June 2020 had been called in.

30.

Chairmans announcements (00-38-48)

To receive any announcements that the Chairman of Scrutiny Committee may wish to make.

Minutes:

The Chairman had no announcements.

31.

Leaders Annual Report (00-39-00) pdf icon PDF 97 KB

To receive the Leaders annual report.

Minutes:

The Committee had before it and NOTED the Leaders annual *report which gave a review of the progress against the Corporate Plan.

 

Consideration was given to:

 

·         The final result for the recycling rate for the year was just below target at 53.02% compared with 53.43% last year

·         The Carbon Emissions Baseline figure would now be discussed by the Net Zero Advisory Group

·         The number of Fixed Penalty Notices issued within the year and the work of the District Officers

·         The successful application for £1.2m of Government funding to support the regeneration of Cullompton’s historic centre and how that money would be spent.

·         The number of empty shops in Tiverton and Crediton, the help available to traders during lockdown and the plans to help the town centres in the future

·         The Council’s energy consumption and how further Mid Devon owned properties could be further utilised; this would be highlighted further within the Climate Change Action Plan

·         The awards that had been achieved in the past year

·         The need for an analysis of housing need across the district.

 

Note: *Report previously circulated, copy attached to minutes.

 

32.

Cabinet Member for Climate Change(00-55-19) pdf icon PDF 83 KB

To receive a report from the Cabinet Member for Climate Change on their portfolio

Additional documents:

Minutes:

The Committee had before it and NOTED a *briefing paper from the Group Manager for Corporate Property and Commercial Assets updating the meeting on the latest progress within the Climate Change Action Plan.

 

The Cabinet Member for Climate Change informed the meeting that the authority was a year on from the Devon Climate Change Declaration and that work had commenced on an action plan and that a Climate Handbook was being created to sit alongside that action plan.  She outlined her new role as Cabinet Member and hoped that funding and additional/dedicated staff would be made able to help her in her role.  She reported a successful meeting with officers across all services, the creation of the Net Zero Advisory Group which would have its first meeting in the coming week, the Climate Conversation event which would also take place in the coming week and the work that was taking place across Devon.

 

The Group Manager for Corporate Property and Commercial Assets outlined the contents of the report highlighting the contents of the action plan, the various categories within the plan and the various scoping documents.  He explained that with the funding available in the Capital Programme certain end of life assets had been replaced.  He outlined the draft climate CO2  reduction chart by project, work-stream, project by year and by category and the work that was taking place across Devon with regard to the Devon Carbon Plan.

 

Consideration was given to:

 

·         The clear potential benefits and tracking system outlined in the report

·         The lessons that could be learnt from the Covid 19 pandemic

·         Funding was still work in progress

·         Biodiversity and the plan to plant wild flower meadows on green infrastructure across the district

·         The benefits of partnership working

·         Crops being harvested to feed AD plants, rather than being using for agriculture and whether AD plants  were industrial rather than agricultural practice

·         Grants available for managing hedgerows etc

 

 

Note: *Briefing paper previously circulated, copy attached to minutes.

 

 

33.

Planning implications of 5G Mobile Technology (00-25-00) pdf icon PDF 270 KB

To receive a report from the Head of Planning, Economy and Regeneration in the planning implications of 5G technology

Minutes:

The Committee had before it and NOTED a *report of the Head of Planning, Economy and Regeneration focussing on the planning system and 5G technology which had been requested by the Chairman.

 

The Officer outlined the contents of the report stating that this was an operating position from a planning point of view.  Government guidelines stated  that they were supportive of this essential technology and the report outlined the advice given in the National Planning Policy Framework.  5G infrastructure was likely to be within permitted development rights and it was unlikely that many planning applications would be received.  There would be a limited number of considerations that we would be able to take into account possibly only siting and appearance.  The NPPF guidance stated that the Local Planning Authority would only be able to determine applications on planning grounds and should not question the need  or the health grounds.

 

Consideration was given to:

 

·         How disappointing it was that the Local Planning Authority would have little involvement due to permitted development rights and Government guidance

·         Social well-being and the need to allow information technology to advance

·         The data provided by those who were present for public question time and that other groups may feel differently

·         The work taking place by the Scrutiny Committee at Devon County Council as part of their spotlight review

 

Note:  *Report previously circulated , copy attached to minutes.

 

 

34.

Forward Plan (1-38-00) pdf icon PDF 105 KB

Members are asked to consider any items within the Forward Plan that they may wish to bring forward for discussion at the next meeting.

Minutes:

The Committee had before it and NOTED the *Forward Plan.

 

Discussion took place with regard to the Climate Change Strategy and that it should be removed from the plan as work was taking place within the Action Plan.

 

Note: *Plan previously circulated, copy attached to minutes.

35.

Scrutiny Officer Update (1-45-02)

Scrutiny Officer to give an update on area’s she had been working on

Minutes:

The Scrutiny Officer reported that the Customer Engagement Working Group report would be submitted to the next meeting of the Committee for consideration.

36.

Working Group - Menopause (1-45-02)

Committee to discuss the implementation of a Working Group to focus on Menopause issues and to agree the composition of the Working Group and membership.

Minutes:

At a previous meeting of the Committee discussion had taken place with regard to the implementation of a working group to focus on menopause issues, it was therefore suggested that a working group be formed to consider this issues.

 

It was RESOLVED that the following Members form a working group to consider the impact of the menopause:  Cllrs Mrs C P Daw, R Evans and F W Letch and that other members would be invited to provide information and evidence as required.

 

(Proposed by the Chairman)

37.

Identification of Items for the next meeting (1-47-53)

Members are asked to note that the following items are already identified in the work programme for the next meeting:

 

·         Cabinet Member for Finance

·         Statement of Community Involvement

·         Greater Exeter Strategic Plan

·         S106 Governance

·         Housing Infrastructure Fund

·         Community Safety Partnership

·         Report of the Customer Experience Working Group

 

 

Note: - this item is limited to 10 minutes. There should be no discussion on items raised.

Minutes:

A list of items for future meetings was highlighted within the agenda.

38.

Access to Information - Exclusion of Press and Public (1-47-53)

During discussion of the following item(s) it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Scrutiny Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.

 

To consider passing the following resolution so that exempt information may be discussed.

 

Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 namely information relating to any individual; paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and paragraph 5 namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Minutes:

Prior to considering the following item on the agenda, discussion took place as to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 15 15.02(d) (a presumption in favour of openness) of the Constitution with the following issues being raised:

·         The names of the individuals quoted within the report were in the public domain

·         The committee were aware of the public interest in the subject

·         Members needed to have a full and frank discussion on the issues which should take place in closed session

·         Opportunities in the future to discuss matters in open session

The Committee decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

It was therefore:

RESOLVED  that: under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 namely information relating to any individual; paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and paragraph 5 namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

(Proposed by the Chairman)

 

39.

3 Rivers Development Limited Governance Review pdf icon PDF 52 KB

To review the report of the Chief Executive presented to the Cabinet on 11 June 2020 and the resolutions listed (as amended) and to report their findings and any further or suggested changes  not already addressed, to the Cabinet for their subsequent consideration.

Additional documents:

Minutes:

The Committee had been requested by the Cabinet to review the reports and recommendations/actions listed within Appendix D of the agenda pack and report their findings and any further or suggested changes not already addressed, to Cabinet for their subsequent consideration. It had been requested that this be done in time for Cabinet to receive any reports back to its meeting scheduled for 9th July 2020.

 

Following consideration of the documents supplied the Scrutiny Committee returned to open session with the Chairman stating that the Committee had made a number of recommendations that would be put before the Cabinet for further consideration.

 

Note: *Recommendations and Actions previous circulated.