Agenda and minutes

Apologies were received from Cllr L D Taylor.

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

Catherine Penharris, Chairman of the CCA in Cullompton  referring to Item 6 (Housing Infrastructure Fund) on the agenda stated that she had read the very interesting report by the Head of Planning, Economy and Regeneration;  highlighted within the Risk Assessment section she outlined the views of the Inspector for the Local Plan Review in that he would wish to be assured that the Plan was sound and provided deliverable housing sites in the early years of the Plan and that he had concern about housing trajectory in the early years before the Relief Road was complete and concerns with regard to the five year land supply for deliverable sites if the Town Centre Relief Road was delayed.  She asked whether the Cabinet could make an informed decision if all the information was not available.

Mr Emmett referring to Item 6 (Housing Infrastructure Fund) on the agenda stated that the Leader had highlighted in his speech to Council on 22 May, the need to put the people of Mid Devon first.  He felt that it was important to put people first in Cullompton by improving the air quality issues, for children to be able to walk to school and not have to breathe in fumes and be threatened by heavy traffic passing them.  The relief road would alleviate the queuing back onto the motorway.  The relief road would provide a suitable route for farm vehicles to bypass the town.  The historic buildings were at risk because of vibration from heavy lorries and pollutants.  He mentioned the outcome of a recent poll social media which highlighted that 85% of those taking part in the poll were in favour of the town centre having less traffic and 88% in support of a relief road.

Cllr Guest from Cullompton Town Council referring Item 5 (Culm Garden Village) on the agenda asked the following questions:

1.    The Cullompton Neighbourhood Plan has extensive evidence supporting a wide range of development in the parish of Cullompton which included the principle support for the Garden Village (Policy SD06).  Will MDDC take note of this support for the Garden Village and so inform the Neighbourhood Plan?

2.    In April 2019, Cullompton Town Council voted by a large majority to include positive statements relating to the large scale housing development planning for Cullompton, including the principles of support for the Cullompton Garden Village (Policy SD06). Will MDDC pay attention to and take note of the positive view of Cullompton Town Council in relation to the development of the Garden Village and so inform Cullompton Town Council.

3.    In the various Garden Village workshops run by the Cullompton Neighbourhood Plan and separate workshops run by MDDC, a key concern has been to keep as much of the Garden Village within the parish of Cullompton as possible.  Maps have been produced showing the Garden Village reaching down towards Mutterton and making use of the local road network.  Will MDDC continue to explore the Mutterton option and keep the Town Council up  ...  view the full minutes text for item 2.

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.

The following declarations were received:

Cllr Mrs N Woollatt declared a personal interest with regard to item 6 (Housing Infrastructure Fund) as she lived nearby to 2 of the proposed routes for the relief road and close to Station Road.

All members of the Cabinet declared that they had received correspondence from a councillor and from the public with regard to Item 5 (Culm Garden Village) and Item 6 (Housing Infrastructure Fund).

Members to consider whether to approve the minutes as a correct record of the meeting held on 4 April 2019.

Due to the new administration, the minutes of the previous meeting were noted.

To consider a report of the Head of Planning Economy and Regeneration outlining the final draft of the Blackdown Hills Area of Outstanding Natural Beauty (AONB) Management Plan 2019-2024 following a period of formal consultation.

The Cabinet had before it a report * of the Head of Planning, Economy and Regeneration outlining the final draft of the Blackdown Hills Area of Outstanding Natural Beauty (AONB) Management Plan 2019-2024 following a period of formal consultation.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report informing the meeting of the designated area for the AONB management plan covering an area of 370km² straddling the Somerset and Devon border and impacting of several parishes within Mid Devon.  The core finances for the running of the AONB were from a DEFRA grant of £165k which amounted to 70% of the running cost, contributions from the six contributing authorities made up the remaining 30%.  The contribution for this authority was £8,500 per annum. All partner authorities considered a review of the Management Plan every 5 years. 

Consideration was given to the special qualities of the AONB and the importance of the Management Plan when it came to development within the AONB

(Proposed by Cllr Mrs N Woollatt and seconded by Cllr S J Clist)

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

To consider a report of the Head of Planning Economy and Regeneration requesting the Cabinet to note the outcomes of the recent stage 1 public consultation on two documents: 1) a Vision & Concept for the Culm Garden Village; and 2) an East Cullompton Masterplan SPD Issues, Opportunities & Concepts in respect of Phase 1 of the Culm Garden Village.

The Cabinet had before it a report* of the Head of Planning, Economy and Regeneration requesting the Cabinet to note the outcomes of the recent stage 1 public consultation on two documents: 1) a Vision & Concept for the Culm Garden Village; and 2) an East Cullompton Masterplan SPD Issues, Opportunities & Concepts in respect of Phase 1 of the Culm Garden Village.

The Cabinet Member for Planning and Regeneration outlined the contents of the report stating that a public consultation process had taken place on the two documents identified above; he outlined the timing of the public consultation, the number of events that had taken place and the number of people who had attended the events.  A total of 423 responses had been received, 314 for the vision document and 109 for the Masterplan SPD as well as responses from the statutory and other consultees listed in the report.  The report before members summarised the consultation responses and the key themes arising from the consultation.

The Area Planning Officer responded to questions posed in public question time: with regard to concerns about the number of responses, these were not based on the number of people responding but on the number of responses, therefore each suggestion was noted not just one per person.  Further work would take place on the consultation responses and a further report would be put before the Cabinet as the scheme progressed.  With regard to the responses being published, these would be published on the website in the near future.

Consideration was given to:

·         The work that had gone into the report

·         How the  comments had been recorded

·         The need to link the Garden Village with Cullompton and Willand via cycleways

·         The railway station project

·         The provision of sports pitches and the need for a sports pitch policy/strategy and engagement with the cricket and football clubs in Cullompton

·         The need for sufficient and practical parking within the scheme

·         The idea of using underground waste systems within the project

·         The contribution requested by the NHS and how that would be considered

·         The location of a new school for the development

·         The need for a walkway/cycle route over the M5, the railway line and the river to link new Cullompton to the old Cullompton.

RESOLVED that the report be NOTED.

(Proposed by Cllr D J Knowles and seconded by Cllr Mrs N Woollatt)

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

To consider a report of the Head of Planning Economy and Regeneration updating Members on the progress of discussions with Homes England over the Council’s two applications for funding under the Housing Infrastructure Fund (HIF) totalling £18.2 million, and seeking authority to enter into grant funding agreements with Homes England over these funds and to seek authority for the Council to forward fund the two infrastructure projects in question.

The Cabinet had before it a * report a report of the Head of Planning, Economy and Regeneration updating Members on the progress of discussions with Homes England over the Council’s two applications for funding under the Housing Infrastructure Fund (HIF) totalling £18.2 million, and seeking authority to enter into grant funding agreements with Homes England over these funds and to seek authority for the Council to forward fund the two infrastructure projects in question.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report informing the meeting that in July 2017 the Government launched its £2.3 billion Housing Infrastructure Fund (HIF) to finance infrastructure to unlock housing delivery, the Council made 2 bids for HIF funding for infrastructure schemes which would unlock development sites identified within both the adopted Local Plan and the Local Plan Review.  He outlined the 2 projects: the second phase of the new highway junction on the A361 to service the Tiverton Eastern Urban Extension for which £8.2m of HIF funding was sought and the provision of a town centre relief road in Cullompton which would provide additional capacity at Junction 28 of the M5 as well as reduce traffic in the town centre. £10m of HIF funding was sought towards the £15m scheme.  Grant funding offer letters for both schemes had been received from Homes England and the funding was offered on the basis of a local recoverable grant..  Funding agreements for each project had to be entered into and separate agreements were also needed with Devon County Council to deliver the infrastructure.  The Council would be responding to the Local Plan Inspector with regard to his queries about housing delivery within the early years of the plan given his specific concern over the timescale of the delivery of the relief road.

The Council would be required to forward fund the projects and the £5m balance for the Cullompton Scheme would need to be funded by the Council until such a time as the S106 monies could be collected from housing development that was unlocked by the provision of the road.

The Head of Planning, Economy and Regeneration provided answers to questions posed in public question time: with regard to the Inspector’s concern regarding housing trajectory in the early years of the plan, the inspector had asked for further information and had not stated that the plan was unsound.  It was intended to respond to the Inspector in order to provide him with more confidence over housing supply in the early years of the plan and greater certainty over the timescale for the delivery of the relief road.  She also stated that other speakers at public question time appeared to have framed support for the delivery of the road as questions.  Accordingly no further response was required.

Consideration was given to:

·         The time limitations set by Homes England for the Cullompton project and whether negotiations could take place to alter the milestones

·         The terms and conditions for recycling the money  ...  view the full minutes text for item 7.

To consider a report of the Head of Planning, Economy and Regeneration advising Members on the results for the procurement of a masterplan for the development of Area B, Tiverton Eastern Urban Extension.

The Cabinet had before it a * report a report of the Head of Planning, Economy and Regeneration advising it on the results for the procurement of a masterplan for the development of Area B of the Tiverton Eastern Urban Extension.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that a further masterplanning exercise was required for the south eastern part of the Tiverton Eastern Urban Extension allocation.  It had previously been agreed to commission a masterplan for this area and the reports sought to award the contract following a procurement exercise.  3 tender submissions had been received and evaluated.

Consideration was given to:

·         The budget for the work up to £143,000 had been set and included  all such studies and reported required to update the evidence base as well as the masterplan.

·         The planning permission already granted on Area A and that the work on Area B would complement the work that had already taken place.

RESOLVED that: the contract be awarded to Supplier 3 with an agreed cost of £121,580.

(Proposed by Cllr D J Knowles and seconded by Cllr A White)

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

In March 2017, the Cabinet gave delegated authority to the Cabinet Member for Housing, the Director of Finance and the Head of Housing and Property to establish a housing development company, based on the skill-set and experience the three individuals in those roles at that time could offer.  The company, 3 Rivers Developments Limited, was established in April 2017 and those with delegated authority became the three Council directors.  That reflected the intentions set out in the report, although it was recognised that this would be the initial arrangement.   The Board of the Company has the power to appoint two further non-executive directors independently.

Cllr Stanley (in his capacity as the then Cabinet Member for Housing) is currently a nominated director.  If the Cabinet wishes to change this, it must nominate someone else and the Board will make the necessary arrangements to give effect to the appointment.  However, it is essential that the person who takes on the role has the time and skill-set to meet the statutory duties which apply to company directors generally and to the specific needs of 3 Rivers.  Training will be provided on these duties, but directors must recognise that when they are acting as such, their primary duty is to the company and its success – and remembering the purpose for which the company was first established i.e. to make a financial return to the Council.

The Chairman informed the meeting that until the May elections the Cabinet Member for Housing had been the nominated Director for 3 Rivers Developments Limited.  It was his view that the new Cabinet Member for Housing did not have the experience to fulfil the role of a director for the company.  He therefore suggested that the link between the Cabinet Member for Housing and the Director for 3 Rivers Developments Limited be uncoupled and that the directorship remain with Cllr R L Stanley

RESOLVED that Cllr R L Stanley remain as a Director of 3 Rivers Developments Limited.

(Proposed by the Chairman)

Cabinet are asked to note the following decisions made by the Cabinet Member for Housing:

a)     To grant a lease of Orchard Way Play Area, Willand to Willand Parish Council for a term of 25 years at a peppercorn rent. 

REASON FOR DECISION:

Mid Devon District Council have completed a rationale of all play areas across the District and following consultation, Willand Parish Council have resolved to be financially responsible for the asset.

A s.123 Local Government Act 1972 (disposal of open space) notice was published in the local press for two consecutive weeks on 26^th March 2019 and 2^nd April 2019.

If the disposal were to be regarded in any way as at an undervalue, it would be approved in accordance with the General Disposal Consent Order 2003, because the play area/open space land will be preserved long term which is in the interests of the social well-being of Willand.

b)     To terminate the lease of Puddington Play Area, where MDDC is the tenant.

REASON FOR DECISION:

Mid Devon District Council have completed a rationale of all play areas across the District and following consultation, Puddington Parish Council have resolved to be financially responsible for the play area/open space land.

It has been agreed with the current owner of the land that the play area/open space land will be transferred to Puddington Parish Council upon termination of the lease by Mid Devon District Council, thus ensuring it will remain open to the public.

The following Cabinet Member decisions were noted.

a)     To grant a lease of Orchard Way Play Area, Willand to Willand Parish Council for a term of 25 years at a peppercorn rent. 

REASON FOR DECISION:

Mid Devon District Council have completed a rationale of all play areas across the District and following consultation, Willand Parish Council have resolved to be financially responsible for the asset.

A s.123 Local Government Act 1972 (disposal of open space) notice was published in the local press for two consecutive weeks on 26^th March 2019 and 2^nd April 2019.

If the disposal were to be regarded in any way as at an undervalue, it would be approved in accordance with the General Disposal Consent Order 2003, because the play area/open space land will be preserved long term which is in the interests of the social well-being of Willand.

b)     To terminate the lease of Puddington Play Area, where MDDC is the tenant.

REASON FOR DECISION:

Mid Devon District Council have completed a rationale of all play areas across the District and following consultation, Puddington Parish Council have resolved to be financially responsible for the play area/open space land.

It has been agreed with the current owner of the land that the play area/open space land will be transferred to Puddington Parish Council upon termination of the lease by Mid Devon District Council, thus ensuring it will remain open to the public.

To note the contents of the Forward Plan.

The Cabinet had before it and NOTED, its rolling plan* for June 2019 containing future key decisions.

Note: *Plan previously circulated copy attached to minutes.