Agenda and minutes

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

There were no apologies for absence.

To record any interests on agenda matters.

Members were reminded of the need to make declarations of interest where appropriate. There were no interests declared under this item.

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.

The following members of the public asked questions:

Sally Chapman – Questions for the Environment Agency

I am here representing Friends of the River Exe which was formed last year. We recently heard a talk by Fred Leach from the Riverfly partnership who coordinates regular testing of the Exe for Riverfly species that indicate the health of the river. How important are these surveys and what do you do with these results? We have also set up our own citizen's science water testing group where we send regular sample results to Westcountry rivers trust. Do you welcome and support these initiatives?

These questions would be forwarded to the Environment Agency with a request for a written response.

Sarah Coffin

Question 1:

What consideration has been given to preventing Agricultural run-off relative to Motion 583?

Question 2:

Are Councillors aware that despite our two major industries of Agriculture and Tourism (covering 225,920 acres) your Council has no specified policy for either? 

Question 3:

Are Councillors aware that Agriculture is globally recognised as a major polluting industry which if not properly managed in accordance with DEFRA/EA/WRAP voluntary ‘Farming Best Practice’ and BAT (Best Available Technique) guidance, seriously impacts air, water and soil quality?

Question 4:

The major pollutions occur during storing/mixing/spreading of livestock slurry and AD digestate. If ‘good practice’ and Best Available Techniques are not implemented there is considerable risk of ‘odour Nuisance with the release of harmful emissions being dispersed into the air; as well as potential overspreading and run-off into water sources. Despite this Mid Devon does not condition Best Practice within Agricultural Planning Approvals why?

Question 5:

Do Councillors realise that DEFRA/EA Best Practice guidance for these activities are voluntary and the EA only enforces if major water pollution occurs with fish kill. In the meantime any ‘Odour and detriment Nuisance’ impacting local communities is the remit of Mid Devon.  It is acknowledged that ‘splashplate’ method of spreading slurry and digestates is the worst and least beneficial so why doesn’t Mid Devon insist that the best method of spreading (injection pipes)  are utilised – even if only in sensitive locations. This would be easy for public to identify and report.

The Chairman thanked Ms Coffin for her questions and indicated that as the questions had not been received two clear days in advance of the meeting that a written response would be provided.

Goff Welchman

My previous question at the last meeting regarding the external Directors at Three Rivers and the reply that I received are in your minutes so I hope that you have all read it.

In my opinion the reply gave the impression that there were external Directors from very early on, on the board of Three Rivers. So I put in a Freedom of Information request to verify that fact and your Freedom of Information Office refused to give me a reply. So I went to Companies House and did my research there instead and what I discovered was that none  ...  view the full minutes text for item 81.

To consider whether to approve the minutes as a correct record of the meeting held on….

The minutes of the previous meeting held on 19 February 2024 were approved as a correct recordand SIGNED by the Chairman.

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

The Committee NOTED that none of the decisions made by the Cabinet on 5^th March 2024 had been called in.

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

The Chairman had no announcements to make but did ask that mobile phones be turned off or switched to silent and put out of sight.

To receive a report from the Corporate Manager for Public Health, Regulation and Housing

The Committee had before it, and NOTED a report* from the Corporate Manager for Public Health, Regulation and Housing on the Devon Home Choice.

The Cabinet Member for Housing and Property Services highlighted the following within the report:

• The briefing given to Members in February was annexed to the report. The long standing priorities to the homeless and those with health and wellbeing needs were noted but it also included the Council’s Corporate Parenting responsibilities towards care leavers alongside meeting new requirements of the Regulator of Social Housing (RSH).
• The review also set out how DHC aligned well with proposed national social housing allocation reforms including national and local connection tests and anti-social behaviour. Overall, the Council were in a housing crisis where demand significantly outstripped supply. 
• The review concluded that the fair choice based legal letting scheme provided by DHC was both compliant with the Council’s regulatory requirements and essential to help manage this pressure.
• Only more social housing would fix the issue of too many people needing too few available affordable homes. As the report highlighted, given those housing shortages DHC were working as well as was possible for Mid Devon with 86% of let’s going to people moving within Mid Devon and almost 100% of those within Devon.

The Corporate Manager for Public Health, Regulation and Housing highlighted the following within the report:

• Local context – The scheme had been in place for 14 or 15 years and included all 10 local authorities in Devon and 24 major housing providers. It provided access to around 60,000 properties across Devon of which Mid Devon owned about 3,000.
• Legal framework – Since 1996 the Council has had to give priority to certain groups including those who were  homeless, those housed in exceptionally poor accommodation where it was having an impact upon their health and wellbeing and other groups who were vulnerable. New priorities had been added by Central Government such as those fleeing domestic violence, former and current members of the armed forces and recently corporate parenting. New requirements were being set by the new Regulator of Social Housing.
• Policy - Local connection – The Council was required to take into account the needs of tenants. How did the bandings work? – There was a bedroom need – a property cannot be under or over occupied. The housing geographical variance of housing supply pressures table showed the Council as performing near the middle of all the Councils across Devon. For every home that was let, there were 4.6 people looking to rent that property.
• Impending legal reforms – DHC aligned well with those proposals.
• Review process – There was an annual review of the policy.
• DHC provides choice – It was a choice based letting system. Worth staying with this system and the Council not developing its own which would be much more expensive and would only give a choice of 3,000 homes. DHC could not fix the housing stock problems.

Discussion took place with regards to:

• Band E  ...  view the full minutes text for item 85.

The Chairman proposed that, as it was becoming late and guests were waiting from outside the Council to address the Committee, that the two Cabinet Portfolio reports be dealt with after the Motion 583 – protecting Rivers and Seas item.

This was AGREED.

To receive a report from the Director of Place and Economy and to hear from Councillor O’Brien from Lewes District Council and Clarissa Newell the Area Environment Manager from the Environment Agency. Discussion to follow.

The Committee had before it, and NOTED a *report from the Director of Place and Economy on Motion 583 Protecting Rivers and Seas on the progress in relation to the work of the Council relating to Motion 583 and water quality management.

The following was highlighted by the Director of Place and Economy within the report:

·         Liaising with the Environment Agency (EA) and South West Water (SWW) regarding attendance at meetings.

·         Progressing the commissioning of skilled consultants on behalf of the Authority to undertake a water cycle study.

·         Researching how other local planning authorities sought additional information from the Water Companies through the Planning Process and the success (or not) they have had.

·         The additional requests for information from SWW as a consultee in support of major planning applications. Asking further information around which treatment works would be managing sewage arising from developments and whether they had the capacity to do so.

·         Asking whether the water company had the information available to assess the impact on the number or duration of any sewage discharges into any local rivers or seas and asking for that information to be shared.

Councillor Emily O’Brien from Lewes District Council who was the Cabinet Member for Climate, Nature & Food Systems gave a presentation about their aims and how they had gone about their work to improve water quality:

• Less than one in five rivers had good ecological status and none had good chemical status. There was a loss of fish. There were a few problems around water companies breaking rules.  With regard to Stormwater Discharge (CSO) under permit - a water company had to design, construct and maintain sewerage system according to best technical knowledge not entailing excessive cost (BTKNEEC).  CSO (storm water discharge) was clearly being used as the new normal and as such was an abuse of the system.

• Specific Issue – Duty to connect. The Developer had the right to build and the water companies had to accept this. A Council cannot refuse planning applicants on the basis of storm overflow. Water companies also struggled with this legislation.

• Lewes Council passed a motion which had unanimous cross-party support and a lot of public support. A Council can only do so much locally, but one of the things they could do was to shine a spotlight through demonstrations and through news coverage. There were signs that the water companies were taking note.

• Now asking the water company, the cumulative impact of any large scale new development on sewage discharge into local rivers and seas, when they respond to planning applications. Not just network capacity (pipes) but treatment capacity (sewage works). They would only request, not demand.

• They added a section on the impact on watercourses in the Planning Committee report to shine a spotlight on the issue but not made it a material condition.

• Lewes Council were now using Grampian conditions.

• Asked Natural England who had the responsibility for monitoring water quality at local Sites of Special Scientific Interest (SSSI) to carry out  ...  view the full minutes text for item 87.

To receive a presentation of her Portfolio from Councillor Jane Lock

The Committee received, and NOTED, a verbal update from Cabinet Member for the Working Environment and gave a presentation on her portfolio:

The following was highlighted in the presentation:

• She said that her work was often about the individual whether this was a resident or member of staff.
• Customer Services Update – preparing for the new Customer Relationship Management system which would see various customer facing processes migrated to a new system. Efforts were being made to improve customer service digitally and this would increase access for customers to request services or to log issues outside of office hours. Telephone and face to face contact would remain in place. The new self-service portal for Bin Collections went live in 2023.
• The team had also worked with housing to provide a “my account” system for tenants which would allow them to register and have more detailed access to their rent and payment information.
• The team were in the final stages of developing and testing a new complaints system which would go live in the late Spring of 2024. The Complaints Policy was overdue for review but had been delayed due to the new system and a new code of complaints from the Local Government and Social Care Ombudsman.
• The Annual Complaints Report that will come to Scrutiny this year would be somewhat different. The new code will have requirements for improved governance and oversight including a requirement for a designated Member responsible which would be the Cabinet Member for the Working Environment.
• The Communications team had been fundamental in supporting waste over the past year and providing the Resident’s Survey last autumn. They also created the Members Induction Handbook.
• They had also implemented the “Lets Talk Mid Devon” Community Engagement Hub which had surveys and consultations.
• The Communications Team would also continue working with the senior management team regarding the Emergency Plan Resilience Strategy and were key in the recent Flood Guide.
• Health and Safety – ensuring the Council was complying with legislation.
• Human Resources – provision of development, employment law advice and employment law best practice, people initiatives to senior management and employees, Payroll – payment of all salaries and other payments were in line with HMRC legislative requirements and the Council’s policies. They looked after our workforce of approximately 443 full time, part time and agency staff.
• Agency spend for 2022-23 was £1,064,794.57, the latest projection was for £675,000, so over £300,000 less.
• Work was underway for the staff survey action plan (communication, engagement, pride and wellbeing), ongoing benefits review, the 2024/25 pay award, additional line-management training, development of our course catalogue for all employees, further utilisation of systems to support new ways of working and managers, work with other Councils in the South West, and new structure and name under consultation (HR to People Services).

The Cabinet Member for Working Environment was very grateful to all the officers that had assisted her.

Discussion took place with regards:

·         The Government guidance regarding the new complaints system and  ...  view the full minutes text for item 88.

To receive a presentation from Councillor Steve Keable regarding his portfolio

The Committee received, and NOTED, a verbal update from Cabinet Member for Planning and Economic Regeneration:

• He commented that it was good to be working with the Environment Agency and great to be collaborative with Lewes District Council.

• The Portfolio covered five areas.

o   Forward Planning

o   Development Management

o   Economic Development

o   Growth Projects

o   Building Control

• Mid Devon was quite a disadvantaged district due to its rural nature. Mid Devon had a lower than average income, lower working age population and lower productivity compared to the wider South West region and national figures.
• However, it performed better in manufacturing, food and drink.
• Mid Devon had a low number of business births per capita, but had high survival rates. Mid Devon had low numbers of what were considered to be high growth business births.
• In 2023, Mid Devon’s economy comprised of 4,070 micro-businesses, being sole traders, and those who employed between 1 and 9 employees; micro businesses predominated in Mid Devon.

Forward Planning – Overview

·         Preparing a new Local Plan; Plan Mid Devon.

·         Produce Supplementary Planning Documents.

·         Support Town and Parish Councils with Neighbourhood Plans.

·         Work to support other community organisations including Community Land Trusts to further their plans for community led housing projects.

·         Working with neighbouring authorities under the ‘duty to cooperate’ and prepare shared documents such as the ‘Joint Strategy’, identifying shared priorities and guiding investment across the wider area.

·         Monitor development and produce statistical returns to the Government.

·         Completion of relevant consultation responses on behalf of the Council on planning matters.

Forward Planning – Current Workload

·         Site options and draft policies for Plan Mid Devon.

·         Supporting the continued progression and adoption of Neighbourhood Plans.

·         Progressing technical work, studies and monitoring, such as the Water Cycle study; Tourism, Retail and Leisure study, and; various conservation area reviews

·         Supporting implementation and policy work towards Biodiversity Net Gain.

·         Monitoring changes to National Planning Policy Framework.

Development Management - overview

·         Statutory function with specific government targets to meet every quarter with the need to achieve minimum standards to avoid ‘special measures’.

·         Determining planning applications and providing advice, with delegated power to make decisions referring to:

o   National and Local Planning policies

o   Neighbourhood plans

o   Consultations

o   Material  considerations (e.g. light impact, noise impact, flooding, planning history)

·         Town and Country General Permitted Development Order enabled certain development to occur without the need for planning permission

·         Working with Devon County Council regarding Highways and with other statutory consultees.

Development Management - Current Workload

·         Achieving key government requirements around speed and quality of decision making – with Mid Devon as a high performing LPA.

·         To provide advice, support and guidance to Members in relation to planning matters.

·         Progression of work to support the new Biodiversity Net Gain requirements

·         Strong links to s106 monitoring and workload.

·         Using Planning Performance Agreements to support resourcing, i.e. agency workers where necessary due to the current shortage of available professionals to recruit.

·         Admin staff recently superbly supporting Building Control colleagues by processing Building Control applications.

Building  ...  view the full minutes text for item 89.

To review the existing Work Plan and consider items for the committee’s future consideration, taking account of:

a) Any items within the Forward Plan for discussion at the next meeting;

b) Suggestions of other work for the committee in 2024/25.

Due to the meeting over-running the Chairman moved that the Work Programme be delegated to the Chairman and the Vice-Chairman to look at outside of the meeting.  This was AGREED.