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Agenda and minutes

Venue: Exe Room, Phoenix House, Tiverton

Contact: Julia Stuckey  Member Services Officer

Link: audio recording

Items
No. Item

111.

APOLOGIES AND SUBSTITUTE MEMBERS

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

Minutes:

Apologies were received from Cllrs Mrs H Bainbridge, Mrs A R Berry and N A Way.

112.

PUBLIC QUESTION TIME

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:

Mrs S Coffin, Chair of Templeton Parish Council, referring to item 10 on the agenda, said we thank Mrs Clifford for her response to the questions raised regarding outstanding issues emanating from Cleave and Crossparks.  We also acknowledge Mr Simon Newcombe’s long report from Environmental Health. We have been unable to respond individually to each report at this stage being overwhelmed with present issues but will be responding in writing after our next Parish Council meeting at the end of this month. However, in the meantime we do raise the following general issues:-

 

We ask whether the matter of a Change of Use for a transfer operation site at Cleave and associated lands to include Crossparks slurry pit has been resolved yet. Has the disc submitted to Council by Cllr R L Stanley been evaluated?

 

This same activity of facilitating energy producing AD’s by the same operator for the purpose of removing and storing liquid digestate waste/fertiliser was recognised by your enforcement officers as requiring specific planning permission in the Pulsards Enforcement Case.  We presume that the land is being re-instated to agriculture now that the three month notice has expired.

 

Your Planning Committee by approving this enforcement decision endorsed your Enforcement Officers reasons and observations for acknowledging the potential unacceptable nuisance impact of the agents proposed use for importing/storage of digestate. This was for houses within 400 metres of the already excavated slurry lagoon. Your officers further speculated that although the applicant would be able to apply for retrospective planning they did not feel that all/any potential nuisance caused by the slurry/digestate lagoon could be sufficiently mitigated by specific conditions.

 

We wish to point out that the Crosspark slurry pit has 4 properties nearby (under 100 metres to within 600 metres) whose residents are now all experiencing, since January, adverse reactions to the slurry pit operations on this site. Medical Doctor’s reports, Fire reports and hospital A and E reports have and are still being submitted to Mr Winter by residents.

 

Templeton Parish Council therefore ask why does the unlicensed operation at Crossparks pit and Cleave Farm not constitute a similar nuisance to well-being and quality of life and require planning change of use.  Neither Cleave nor Crossparks have an AD on site and the activity of importing from AD’s is within the four year limit timeline in which the council can take remedial action?

 

Templeton Parish Council also ask why your Environmental Health Department categorically refuse to acknowledge the potential for nuisance at Crossparks slurry pit? The danger of fumes from slurry pits are well documented. They have already served a Noise Order on 12 March 2013 which resulted in requests to move the one tractor that was pumping to the opposite side of the pit.

 

The open topped below ground level agricultural slurry pit at Crossparks was built in 1993 to accommodate and store for a period of six months the slurry produced by the new adjacent building complex housing dairy herd replacements and dry cow  ...  view the full minutes text for item 112.

113.

MEMBER FORUM

An opportunity for non-Cabinet Members to raise issues.

Minutes:

At the previous meeting of the Committee the Chairman had been asked if he had made any urgent decisions since he had been the Chairman of the Committee.  The Chairman stated that he had and that they had been confidential.

 

The Government were currently looking into Scrutiny at District Council level and the Chairman indicated that he intended to raise this matter at the next meeting for Member discussion.

114.

MINUTES OF THE PREVIOUS MEETING pdf icon PDF 164 KB

To approve as a correct record the Minutes of the last meeting of this Committee (attached).

 

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 and SIGNED by the Chairman.

115.

DECISIONS OF THE CABINET

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 at its last meeting had been called in.

116.

CHAIRMAN'S ANNOUNCEMENTS

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

Minutes:

The Chairman had no announcements to make.

117.

MEETING MANAGEMENT

Minutes:

The Chairman indicated that he intended to take item 10 on the agenda before item 6. This was AGREED.

118.

UPDATE FROM ENVIRONMENTAL HEALTH ON SPECIFIC ISSUES pdf icon PDF 392 KB

To consider a briefing paper from the Public Health and Professional Services Manager and the Head of Planning and Regeneration with regard to Cleave Farm and Crossparks, Templeton.

 

Minutes:

Following a question, asked by Miss Coffin during Public Question Time at the previous meeting, the Committee had before it and NOTED a report * from the Public Health Manager regarding issues relating to Cleave Farm and Crossparks at Templeton.

 

The Public Health Manager explained that the report was necessarily detailed in response to a range of points and assertions raised by Miss Coffin regarding investigations made by the Environmental Health team (Public Health Services) at Templeton. Specifically, in respect of potential nuisances and impact upon a private drinking water supply arising from agricultural, farm storage and spreading activities at Cleave Farm and Crossparks.

 

The officer explained that Environmental Health were the enforcing authority for Statutory Nuisance legislation under the Environmental Protection Act (EPA)      1990. These were essentially reactive powers to investigate complaints of odour, noise, dust and other nuisances. Where a nuisance was proven there were related powers to serve abatement notices requiring action to cease the nuisance and ultimately prosecute in the event of non-compliance.

 

In order for a statutory nuisance to exist, the nuisance in question must be unlawful (i.e. have no legal authority to occur) and be prejudicial to health or result in an unreasonable interference in another person’s use of their land or reduction in amenity or environmental quality. The context required there to be something of a public health element in the consequences of the nuisance.

 

The law did not make any separate definition of ‘rural’ or ‘urban’ nuisance. These were terms referenced by Miss Coffin at the last meeting; however in law a nuisance was a nuisance irrespective of the location. The combination of factors influencing whether a nuisance existed were very much specific to each individual case.

 

The officer explained that while the burden of proof was based on ‘balance of probability’ rather than ‘beyond reasonable doubt’ this was in part because there was no legal threshold or limit of dust, noise or odour that would give rise to a nuisance in every location and circumstance. Nonetheless, the EPA 1990 was still criminal legislation and subject to the scrutiny of a criminal court in respect of any appeal regarding the service of an abatement notice or subsequent prosecutions for alleged breaches of a notice.

 

He further explained that the response to issues at Cleave Farm and Crossparks could not be considered insignificant and had in fact been heavily weighted in comparison to resources being allocated elsewhere. The terms of legal obligations were set out within the report and required that steps were taken that were reasonably, practicable, a measure that had been met, and arguably exceeded, in respect of this investigation. The reality was that it was becoming increasing difficult to sustain an above-and-beyond response against the needs of other service priorities and equally important complex cases elsewhere in the district. It was agreed that the residents of Templeton must be treated equally, but by the same token the same service must be provided to all residents district-wide.

 

Consideration was given to:  ...  view the full minutes text for item 118.

119.

CABINET MEMBER FOR PLANNING AND ECONOMIC REGENERATION (00:53:19) pdf icon PDF 244 KB

The Cabinet Member for Planning and Economic Regeneration will update the Committee regarding areas covered by this remit.

Minutes:

The Committee had before it a report * from the Cabinet Member for Planning and Economic Regeneration providing an update on areas covered by this remit.

 

The Cabinet Member outlined the contents of his report, highlighting the following:

 

o   Heart of the SW partnership Productivity Plan

o   Business Transformation

o   Inward Investment

o   Broadband and developments in this area

o   Joint procurement for Business Support

o   An update on the Mills Project

o   LEADER funding

o   Town Centre Management

o   The Local Plan review

o   Community Infrastructure Levy

o   The Greater Exeter Strategic Plan

o   Neighbourhood Planning

o   Garden Village project

o   Major project work for the Tiverton Eastern Urban Extension, North West Cullompton Urban Extension and Junction 27 M5

o   Housing Land Supply

o   Planning Productivity Review

o   Performance

o   Housing White Paper.

 

Discussion took place regarding:

 

·         The Heart of the South West Partnership and devolution and the fact that these were separate but would be naturally entwined;

 

·         A draft report from the Chief Executive & Director of Growth providing Members with an opportunity to steer Mid Devon District Council’s response to the Heart of the South West Productivity Plan consultation was being discussed at the Economy PDG that week;

 

·         The LEP and allocation of funds;

 

·         Business transformation and how local authority services had been looked at to prevent them being seen as red tape and a barrier to business;

 

·         Inward investment and the fact that the Economic Development Officer was working across different employment areas;

 

·         Broadband and discussions that had taken place with Connecting Devon and Somerset and the private sector regarding rolling fibre optic out to rural areas;

 

·         Joint business support and the pooling of funds and finance that had been drawn down to match it which had significantly increased the amount that could be spent;

 

·         The Mills project which was looking to facilitate a consortium of mill and river bank owners in the provision of hydropower.  Discussions had taken place with the Government Minister and this was moving forward;

 

·         LEADER funding and funds that were available to businesses;

 

·         The Local Plan review was on target for submission at the end of March;

 

·         The revised Community Infrastructure Levy charging schedule was being submitted with the Local Plan;

 

·         The Tiverton Eastern Urban Extension (EUE) and work being undertaken to provide gypsy and traveller provision;

 

·         Initial tree works being undertaken in advance of works to commence the new junction for the Tiverton EUE;

 

·         Pre-application consultation by the promoters regarding Junction 27 development;

 

·         Infrastructure requirements at Cullompton;

 

·         Housing Land Supply and the Local Plan Submission;

 

The Chairman thanked the Cabinet Member for his comprehensive report.

 

Note: - i) Report * previously circulated and attached to the Minutes.

 

ii) Cllr Mrs J Roach declared a personal interest as the Room 4 U project at Silverton had received LEADER Funding.

120.

'CULM' GARDEN VILLAGE - LAND TO THE EAST OF CULLOMPTON. (01:30) pdf icon PDF 190 KB

At the request of the Committee the Head of Planning and Regeneration will provide an update on the ‘Garden Village’.

Minutes:

The Committee had before it a briefing paper * from the Head of Planning and Regeneration providing an update on the ‘Garden Village’.

 

The officer outlined the contents of the report, explaining that the Government had asked Councils for expressions of interest for locally-led garden villages, towns and cities under a prospectus issued in March 2016. A report was considered by Cabinet at the meeting of 9th June 2016 in relation to making an expression of interest to the Government for a locally-led garden village on land to the east of Cullompton.

 

The Local Plan Review identified Cullompton for future strategic growth and proposed to allocate land to the east of Cullompton as a suitable location for this growth. The draft allocation policy was for mixed use development including 1,750 dwellings with at least a further 850 post 2033. In addition, a neighbourhood planning exercise for Cullompton was well underway and was considering spatial allocations including further land to the east of Cullompton in order to support community infrastructure. To get to this stage, the plan had previously been through three separate stages of public consultation with a further one currently underway (until 14th February). The growth of Cullompton had been supported by the Town Council.

 

On 2nd January 2017, the Minister had announced that this authority was one of 14 successful bids for garden village status.

 

Garden villages would be part of a new generation of locally led development to meet local housing need, with a focus on creating attractive, well-designed places.  The Government intention was to assist and speed up the delivery of an ambitious high quality, housing programme where strong communities were at the heart of new development.

 

The authority was already aware that new infrastructure would be required to support development east of Cullompton and had commissioned work on flooding modelling and J28/M5 highway works to accommodate development. The Government’s prospectus offered a tailored support package by way of capacity funding, brokerage across Government to unblock issues and access to government funding streams on housing, roads and rail capital programmes. The Government had also offered working with successful Councils to deliver planning freedoms in exchange for housing delivery and this may include ensuring a greater ability to resist speculative residential planning applications.

 

The additional work that had been commissioned in relation to junction improvements at J28 of the M5 motorway was well underway and had the potential to significantly address the current capacity concerns of the junction and allow for further growth beyond that allocated within the adopted plan. The junction improvements were being designed to increase capacity by 5,000 dwellings and so this formed a logical maximum for future, further growth.

 

Garden village status was expected to assist in the delivery of the town centre relief road and J28 improvements through financial assistance, opening up the potential for an up-front Government loan in order to deliver the improvements earlier than would be expected if funding was fully reliant upon development. It proposed working in parallel  ...  view the full minutes text for item 120.

121.

PLANNING PRODUCTIVITY REPORT (01:45:08) pdf icon PDF 215 KB

To consider a report of the Head of Planning and Regeneration updating Scrutiny Committee on the recent assessment of productivity in the Planning Service.

 

Additional documents:

Minutes:

The Committee had before it a report * from the Head of Planning and Regeneration updating it on the recent assessment of productivity in the Planning Service.

 

It was RESOLVED that the recommendations within the report be NOTED and supported.

 

(Proposed by Cllr Mrs J Roach and seconded by Cllr T W Snow)

122.

UPDATE ON THE TIVERTON TOWN CENTRE MASTERPLAN (01:47:43) pdf icon PDF 132 KB

To consider a report of the Head of Housing and Property Services updating the Scrutiny Committee on the current position in producing a Tiverton Town Centre Masterplan.

 

Minutes:

The Committee had before it and NOTED a report * from the Head of Housing and Property Services updating it regarding the current position in producing a Tiverton Town Centre Masterplan.

 

The officer outlined the contents of the report, explaining that the authority as part of its ‘Tiverton Regeneration’ project initiation document agreed to produce a masterplan for the Tiverton Town centre. The rationale being that the key to delivery of a regeneration project was the development of a masterplan to guide the process and act as a blue print for the development of the area.

 

An invitation for expressions of interest for the preparation of a vision, regeneration masterplan and outline delivery plan for Tiverton Town Centre had been issued in August 2015. The top scoring 4 consultants meeting the above criteria were invited to prepare a full priced submission. Three were subsequently received and reviewed.

 

The officer explained that the project would be undertaken in two phases:

 

Phase 1 involved a comprehensive analysis of Tiverton and in particular the role and function of the town centre and its potential for regeneration and repositioning to foster economic growth. 

 

Phase 2 would include preparation of a draft masterplan document, including publishing the evidence base on the web site. The draft would be subject to 6 weeks of public/stakeholder consultation.

 

A final masterplan would be prepared following the consultation period for consideration and adoption by Cabinet and Council. The delivery timetable for this was approximately 6 months, being November 2017.

 

It was intended that the document would be adopted as a Supplementary Planning Document (SPD).

 

Discussion took place regarding:

 

·         Development that had already been considered such as the Premier Inn and the moving of the Burma Star Memorial;

 

·         Previous work that had been undertaken to drive regeneration;

 

·         Consultation with the Town Council and local business;

 

·         Previous ‘visioning’ documents that have been undertaken;

 

·         The importance of the SPD.

 

Note: - Report previously circulated and attached to Minutes.

123.

CAR PARKING UPDATE (02:05:21) pdf icon PDF 245 KB

To receive a report of the Director of Finance, Assets and Resources presenting a car parking update after the first 10 months of the new charging strategy.

 

Additional documents:

Minutes:

The Committee had before it and NOTED a report * from the Director of Finance, Assets and Resources presenting a car parking update after the first 10 months of the new charging strategy.

 

The officer reminded Members that during 2015/16 the Managing the Environment Policy Development Group had set up an officer and member working group to review the current car park charging policy and then make recommendations on a new one to be implemented on the 1/4/16. This review looked at: usage levels, benchmarked charges against neighbouring Councils, considered more free periods, reviewed concessions, considered economic consequence, etc. 

 

After an extensive consultation process, reported at all of our 34 car parks and advertised in the local press and at the Council offices, the main changes made to the new charging policy were:

 

·         The removal of the £1 tariff for 5hrs parking in the 3 long stays

·         But freezing the £2 tariff for all day parking

·         Introducing a 30 min free period during the evening and freezing the overnight charge at a £1

·         Extending the free period at Westexe and Phoenix House to 30 minutes

·         Introducing a 30 mins free period at William Street and Wellbrook Street

·         Reducing Sunday and Bank Holiday charges to £1

 

It was then estimated that if vends (15/16) remained at the same level for 2016/17 the new charging policy would generate circa £141k more income from the Council’s 10 pay & display car parks.

 

The officer explained that when evaluating the impact of a new charging policy for any product, it was often made harder, as other variables may well have direct/indirect effects/consequences. This was particularly relevant to car parking. Variables such as weather, the economy, fuel prices, provision of alternative parking, availability and range of shops, level of ad hoc concessions granted, road closures, etc. would also affect usage levels and hence income generated.

 

The Committee had previously received information with regard to the first 6 months of 2016/17 relating to both income received and vends purchased.

 

The officer informed Members that income from car parking had increased across the board to the region of £59k to date and a projected increase of over £70k for the year.  In some car parks vends had decreased but they had increased in others.  The officer assured Members that car parking statistics would be carefully monitored and that it was necessary to ensure that car parking prices did not have a negative effect on the town centres.  There were no proposed changes to parking fees for the coming year.

 

The Tiverton Town Centre and Market Manager highlighted footfall data for Tiverton within the report, explaining that it was recorded on every market day as a management measure for identifying problems and good news.  Nationally performance figures just released had shown an increase in footfall of 2.2% for the previous year.  He reported that measuring footfall was a key element of measuring the success of the towns.  To date there was not enough data to undertake year on year  ...  view the full minutes text for item 123.

124.

PERFORMANCE AND RISK (02:22:35) pdf icon PDF 120 KB

To provide Members with an update on performance against the corporate plan and local service targets for 2016-17 as well as providing an update on the key business risks.

Additional documents:

Minutes:

The Committee had before it a report * providing an update on performance against the corporate plan and local service targets for 2016-17 as well as providing an update on the key business risks.

 

The Audit Team Leader outlined the contents of the report.

 

Discussion took place regarding:

 

·         The use of agency staff at Waste Management to cover for sickness and holiday absence;

 

·         Policy for dealing with gas safety checks and the fact that an external meter could be fitted to properties, if required,  where tenants did not allow access for checks;

 

·         The risk regarding disability and issues if an officer should decide to hide a disability;

 

·         The asbestos register;

 

·         The increasing risk to IT security and a Member briefing on the subject, which had been poorly attended;

 

·         Homelessness and the increased risk.

 

·         The cost of dealing with homelessness, what that funding is spent on and what alternative provision might be possible to improve the situation.

 

It was RESOLVED that a report be prepared for the next meeting of the Committee regarding homelessness.

 

(Proposed by the Chairman)

 

Note: - Report * previously circulated and attached to Minutes.

125.

SAFEGUARDING UPDATE 02.41.00)

To receive a verbal update regarding Safeguarding from the Director of Corporate Affairs & Business Transformation.

Minutes:

With regard to a Safeguarding incident that had been discussed by the Committee at a previous meeting the Chief Executive confirmed that the former tenant involved in the case had now moved away and that the property had been re-let.   The new tenant had settled in well and neighbours were satisfied with the actions taken. 

 

Neighbourhood teams had received training and understand the need to report any safeguarding issues.   Officers in the Housing Service dealt regularly with all aspects of safeguarding, received refresher training and had nominated officers as workplace representatives, in accordance with the Corporate Policy.

 

They worked in partnership with other agencies and would refer issues to the appropriate organisation, if necessary.

 

Following the conclusion of this case and the appreciative enquiry, there was now a much closer working relationship with Social Services and had since hosted a joint meeting which gave frontline staff on both sides opportunities to meet and discuss how they went about their work, any specific issues of concern etc. There was another such meeting planned shortly.

 

Discussion took place regarding the lack of evening working taking place, the need for the authority to take ownership of issues and the importance of services working together.

 

It was AGREED that information would be provided to Members regarding actions that were taken following a report of a Safeguarding incident to ensure that transitional movements for a handover from one service to another were taken.

126.

IDENTIFICATION OF ITEMS FOR THE NEXT MEETING

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

 

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

 

Mel Stride MP

Minutes:

Homelessness

Local Enforcement Plan

Safeguarding