Agenda and draft minutes

To receive any apologies for absence.

Apology were received from Cllr J Lock (online)

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

Nick Quinn

Appendix 3 for this Budget Update shows the increased 2025 fees and charges for the use of the Leisure Facilities.

The Budget Update recommendation 2 was that Cabinet ‘Notes’ the fees and charges shown in appendix 3 – including the Leisure Facilities charges.

Previous decisions had stated that increases were to be based on the National Retail Price Increase (RPI) percentage, set every September, with any additional increase over this level to be fully justified. The September 2024 RPI inflation figure was 2.7%.

It was obvious, from a simple examination of the Leisure Fees and Charges now published, that this RPI increase had been surpassed in most cases - with a general rate increase of approximately 5%.

A more serious point arising from the published prices was that, despite previous statements and assurances, Junior and Concession users were being heavily targeted again, with massive increases of between 20% to over 50%, in one instance.

No justification for the above inflation increase in these Leisure Fees and Charges, or the targeting of Junior and Concessionary users, had been made public.

Question 1:

Would the appropriate Cabinet Member please explain why the Leisure Fees and Charges were being increased so much more for Junior and Concession user sessions, than Standard users?

Response from the Cabinet Member for Service Delivery and Continuous Improvement:

The leisure fees saw a varying degree of increase across the many activities offered.  This was a result of moving to a standardised 20% discount on the full price.  In addition to making a standard 20% discount on pay as you go fees, and a 25% discount on membership fees, the £15pa cost of the concessionary card had been removed.

Pay as you go (PAYG) customers generally speaking, used the facilities once per week, often far less. This £15pa reduction therefore had a significant impact on reducing the overall cost of attending activities, and removed the barrier to entry.  For those using the facilities twice per week or more, membership at 25% discount may be more beneficial.  The Council were of course always keen to encourage frequent participation to improve overall health and wellbeing.

In relation to juniors and concessionary charges specifically, it was worth noting that whilst some fees saw an increase last year some remained static and this year the higher increases were against those that saw no increase over the last two years.  There were in fact some concessionary charges that had come down such as Junior Racquet sports which had seen a decrease in cost, or remained static for a second year in a row, in relation to badminton, tennis, pickle ball and table tennis.  Junior non concession badminton saw a 7% increase over the last 2 years. This was in addition to the 100% reduction in the cost of the concessionary pay as you go card which previously cost £7.50 every 6 months. Our junior concession price for a swim saw an increase to £3.00, 50p below that of other local authorities and  ...  view the full minutes text for item 112.

To record any interests on agenda matters.

Members were reminded of the need to make declarations of interest where appropriate.

Cllr L Taylor referred to item 5 and confirmed that he had a membership for Mid Devon Leisure Centre

To consider whether to approve the minutes as a correct record of the meeting held on 10 December 2024.

The minutes of the previous meeting held on 10 December 2024 were APPROVED as a correct record and SIGNED by the Leader.

To receive a report from the Deputy Chief Executive (S151 Officer) on the 2025/2026 Budget Update.

The Cabinet had before it a report * from the Deputy Chief Executive (S151) presenting the 2025/2026 draft Budget Report.

The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:

• The main change for the General Fund reflected the announcement of the Provisional Funding Settlement, which gave proposed allocations for key grant funding streams. There were more changes in grants for 2025/26 than this Council had seen in recent years, reflecting the views of a new Government. In some cases, this Council had lost funding, most notably through the cessation of the Rural Services Delivery Grant, however, this was partially offset by an increase in the Funding Floor. Overall the grant element of the Council’s settlement was reduced by £297k year-on-year.
• In addition to the settlement, a number of other announcements were made that had financial consequences. This included the calculation mechanism for the changes in Employers National Insurance Contributions. The initial indication was that the funding was only likely to cover about a third of the additional costs.
• There was better news for Homelessness Funding which indicated an additional £270k for 2025/26.
• There was also the long awaited announcement on Extended Producer Responsibility funding where the minimum allocation would be £927k for 2025/26. This funding would then be subsumed into future year’s settlements. There was a knock-on impact on recycling credits that was not yet clear. It should also be noted that this was the final year of the Devon Waste Shared Saving Agreement.
• Other proposed changes to the 2025/26 Budget: Housing Revenue Account recharges had increased by £35k based on 2025/26 salary costs, and a further £150k increase was recommended for Leisure Income.
• The Housing Revenue Account budget previously projected a shortfall of £515k.  Following a detailed review there had been a number of adjustments resulting in a proposed balanced budget.
• The other element of this report related to the proposed Fees and Charges for 2025/26. Appendix 2 was to approve the proposed fees, appendix 3 included fees for noting as they were either previously specifically agreed, or were being increased by inflation under previous broad approvals.

Discussion took place with regards to:

• The Building Development charges had increased significantly. £870 for a loft conversion was high.
• The operation of Joint Building control in partnership with North Devon and in competition with the private sector.
• The difficulties with budgeting each year, the budget was fair for the services that the Council provided.
• The refurbishment of Culm Valley Leisure Centre the equipment available, including squash court was to high standards.

RESOLVED that:

1. To note and approve the revised position.

2. To approve and note the comprehensive Fees & Charges included in Appendices 2 and 3.

(Proposed by Cllr J Buczkowski and seconded by Cllr S Clist)

Reason for Decision:

None directly arising from this report, although there was a legal obligation to balance the budget. There were legal implications arising from any future consequential decisions to change service provision, but those  ...  view the full minutes text for item 115.

To receive a report from the Head of Finance, Property and Climate Resilience on the Award Contract for CHP Plant/ Battery Storage at Exe Valley.

Cabinet had before it a report * from the Head of Finance, Property & Climate Resilience on the Award of contract to supply, install and commission new Combined Heat and Power (CHP) plant and battery energy storage system (BESS) at Exe Valley Leisure Centre (EVLC) entirely grant funded by Sport England.

The Cabinet Member for Housing, Assets and Property and Deputy Leader outlined the contents of the report with particular reference to the following:

• The installation of a replacement Combined Heat and Power (CHP) unit and new Battery Storage System at Exe Valley Leisure Centre. The bid included all aspects of the design, implementation and maintenance for the next 10 years.
• After the formal process, only one supplier returned a bid that maximised the benefits from the £376k Sports England funding that the Council successfully bid for, in the required timescales. A further £61k contribution was required from the Council, delivering excellent value for money investment, with full payback expected in comfortably less than one year.
• As with the Air Source and Ground Source heat pumps already installed at the centre, the use of a gas turbine continued to use exciting technology to deliver significant cost savings and provided greater resilience to those new forms of energy generation, even when the national supply was down. In the future, it could be possible that the CHP could run on hydrogen alone. The battery storage would capture excess energy produced which would allow it to be used when required.

RESOLVED that:

1. The decision to award this one off contract for supply, installation and commissioning of a CHP and BESS to Pure World Energy the only supplier of the Capstone gas turbine CHP in the UK be APPROVED.

2. To authorise the MDDC funding element of £61K in support of this project.

(Proposed by Cllr S Clist and seconded by Cllr J Wright)

Reason for Decision:

This new CHP would be replacing an existing currently unserviceable CHP and was an upgrade to the 20-year-old plant which would provide increased efficiencies and savings for the centre at minimal direct cost. Return on the investment for MDDC would take only 8/9 months.

Note: * Report previously circulated.

To receive a report from the Head of Service for Finance, Property and Climate Resilience on the CCTV Policy and Code of Practice.

Cabinet had before it a report * from the Head of Finance, Property & Climate Resilience on the CCTV Policy and Code of Practice.

The Cabinet Member for Quality of Living, Equalities and Public Health outlined the contents of the report with particular reference to the following:

• There were various purposes for the Council to use Surveillance Camera Systems (SCS) that included deterring crime and anti-social behaviour, assisting with the detection of crime, improving public safety and perceived fear of crime and occasionally covert operations as directed by the Police.
• Those devices were held in a number of locations where services were delivered from, including Phoenix House, leisure centres, car parks and the Council’s depots. There were also systems covering town centres with the Tiverton system being monitored through a partnership arrangement with Exeter City Council.
• There was a raft of legislation covering the use of such security systems include Data Protection, General Data Protection Regulation (GDPR), Freedom of Information (FoI) and Human Rights. The Codes of Practice captured that legislation and guided the council in the use of the systems.
• Both the Policy and Codes of Practice had been fully reviewed by an external consultant, the Council’s in-house Legal Team and the Data Protection Officer. The Operations Manager for Corporate Property and Commercial Assets was the Single Point of Contact (SPOC), who was responsible for the operation of the various systems.
• Following support from the Community, People and Equalities Policy Development Group (PDG), approval was sought for the adoption of the updated Policy and Codes of Practice.

Discussion took place regards to:

• What the retention period was that the CCTV captured.

RESOLVED that:

1. The Surveillance and CCTV Policy (Annex A), Code of Practice for Surveillance Camera Systems operated by Mid Devon District Council (Annex B), Code of Practice for operation and management of Body Worn Video Cameras (Annex C) and Code of Practice for management and operation of CCTV on Street Scene Vehicles (Annex D) be APPROVED as recommended by the Community, People and Equalities Policy Development Group.

2. That delegated authority was granted to the Head of Finance, Property and Climate Resilience to make minor amendments to the Surveillance and CCTV Policy and Codes of Practice as required by changes to legislation, formal guidance or local operational considerations as recommended by the Community, People and Equalities Policy Development Group.

(Proposed by Cllr D Wulff and seconded by Cllr J Buczkowski)

Reason for Decision:

There were various pieces of legislation that must be adhered to when considering the continued use of SCS, including the Data Protection Act 2018, UK General Data Protection Regulation (GDPR), the Regulation of Investigatory Powers Act 2000 (RIPA), and the Surveillance Commissioner’s Surveillance Camera Code of Practice and Human Rights considerations.

Note: * Report previously circulated.

To receive a report from the Head of Digital Transformation & Customer Engagement on the Information Security and Information Security Incident Policies.

The Cabinet had before it a report * from the Head of Digital Transformation and Customer Engagement.

The Cabinet Member for Quality of Living, Equalities and Public Health outlined the contents of the report with particular reference to the following:

• The Information Security practices were last reviewed three years ago. While noting that the Council IT network continued to meet the Public Sector Network compliance standards and underwent annual testing, it was crucial to ensure the Council policies remained aligned with current job roles, legislative updates, and best practices, could proactively manage the Council’s security and had a robust response if something went wrong.
• The updates to both the Information Security and Information Security Incident policies were shown highlighted in the document pack and summarised in 2.3 and 2.4 of the report.

• Job roles and responsibilities had been clarified and updated to reflect current staff titles and organisational structure.
• Clearer guidelines and processes had been added to assist staff in managing incidents, handling media, and protecting assets.
• Improvements to guidance on reporting and managing information security incidents, including handling theft, loss, or inappropriate disclosures, had been incorporated.
• These refinements improved clarity and ensured the Council workforce had the necessary guidance to maintain and respond to information security effectively.
• The contributions of the IT & Information Governance Board, established since the last review. This multidisciplinary team included key personnel such as the Deputy Chief Executive as the Senior Risk Information Officer (SIRO), the Head of Digital Transformation and Customer Engagement, and other key stakeholders.  There was a vital role in ensuring those updates were comprehensive and pragmatic.
• The financial, legal and risk assessments at the end of the report.  There was a phrase “Failure to protect information security could lead to significant data loss and fines” against each one.  This language reflected the seriousness of Information Security to this Council, and was reflected on the Corporate Risk Register.

Discussion took place regards to:

• Discussions about the Risk Register in relation to home working was not a formal requirement and should this be considered as using equipment at home?
• Hardware, Software and Mobile App - should the Policy cover this in greater detail?
• No mention of AI in the Policy should the Council be encouraging use of this and have protection in place for staff?
• The review period of two years, as this came up in the Risk Register should this be 1 year?

RESOLVED that:

1. That the revised Information Security and Information Security Incident policies be APPROVED.

2. That the Head of Digital Transformation & Customer Engagement be given delegated authority to make minor amendments to current MDDC Information Security and Information Security Incident policies as required by legislative changes, formal guidance or local operational considerations in consultation with the IT & Information Governance board be APPROVED.

(Proposed by Cllr D Wulff and seconded by Cllr G DuChesne)

Reason for Decision:

Failure to protect information security, whether physical assets or data could lead to significant data loss and fines by regulatory bodies and  ...  view the full minutes text for item 118.

The Chair MOVED that he would be bring forward the following Agenda Items:-

(i)              12– Waste and Recycling Option

To receive a report from the Operation Manager, Street Scene and Open Spaces on the Waste and Recycling Options.

Cabinet had before it a report * from the Head of People, Performance and Waste and the Operations Manager for Street Scene and Open Spaces regarding the Waste and Recycling options.

The Cabinet Member for Service Delivery and Continuous Improvements outlined the contents of the report with particular reference to the following:

• The Council’s future plans for how they aimed to build on the current Waste and Recycling activity in the future. Discussions had taken place in earnest since the start of the Service Delivery and Continuous Improvement Policy Development Group (PDG) in June 2024. This included proposals to carry out pilots of two new initiatives to trial pots and pans collections as well as disposable nappies in the first half of 2025 and to consider charging house builders for bins and containers to be provided to new properties in 2025/2026.
• The paper also provided updates on several other initiatives and items of interest discussed in the PDG including coffee pods, blister packs, soft plastics and other items so those discussions were kept live whilst officers examined the immediate pilot priorities that would commence in February 2025 with the trial of pots and pans collections. Whilst a trial of collecting disposable nappies would only mean a £3-4K charge for the Council, a permanent implementation of this scheme would likely see a cost of around £280K.
• One additional piece of good news which was not to hand when the paper was published 10 days ago. Members would remember that before Parliament was dissolved before the July general election that the previous Government had published “Simpler Recycling reforms” (in draft format) which suggested that fortnightly residual collections may be made mandatory across the country.
• He was delighted to announce that following many conversations and writing various correspondence, including a joint letter which Mid Devon led on the behalf of eight other authorities across the country, the Council would be able to keep its three weekly bin collection scheme. Since this had come into play the Council had been one of the highest improving authorities across the country for its recycling rate and reduction in residual tonnage, and would now look forward to seeing the authority break into the top 5% nationally in the years to come (and hopefully sooner rather than later).
• In recent weeks the Council had received a provisional estimate on their projected Extender Producer Responsibility (EPR) award for 2025/26 and a further paper would come to Cabinet on this matter at February’s Cabinet meeting.

Discussion took place regards to:

• The great news on a trial to collect unusable metal pots and pans from an area in the District.
• Positive to see those valuable trials in this area and a step forward for the Council.
• The opportunity to recycle more on the door steps for residents.
• Discussion took place with what would be the process and the opportunity to continue after the trial had ended.
• Would the nappy waste collection include sanitary products, incontinence and puppy training pads?
• Members thanked  ...  view the full minutes text for item 120.

To receive a report from the Director of Place and Economy on the Investment in Community Land Trust projects using Devolution funding.

Cabinet had before it a report * from the Director of Place and Economy on the Investment in Community Land Trust projects using devolution funding.

The Cabinet Member for Housing, Assets and Property Services outlined the contents of the report with particular reference to the following:

• As part of the Devon Devolution Deal, £8m of funding had been made available to support a range of important initiatives within the region with a particular focus on projects which could quickly deliver additional homes, green jobs or economic outputs and which may otherwise stall or be delayed. Owing to a short timetable for utilisation of this funding, projects had to be capable of commitment within this financial year – i.e. by 31^st March 2025.
• Within Mid Devon, two housing based projects were identified which could benefit from grant funding to quickly deliver outputs: a Care Leaver Housing scheme and a scheme to support Community Land Trust projects. This report was focused on the Community Land Trust scheme and the detail relating to how grant funding (£350k) was intended to be utilised.
• The funding, £350,000, was a relatively modest amount, but would be transformative in allowing Community Land Trust schemes to progress where they otherwise may stall. The expected beneficiaries of this funding were Chawleigh and Thorverton. Investment in those initiatives would benefit those communities, but would also support the District Council in realising the Council’s ambitions to ensure a diverse range of housing was delivered within this district to meet the needs of the Council residents.

Discussion took place regards to:

• As the beneficiaries Thorverton and Chawleigh were being considered would others be considered if they were rapidly produced as there was a 3 month period?
• Members welcomed the news on the project in Thorverton.

RESOLVED that:

1. The use of Devolution funding (£350k) to support the delivery of identified Community Land Trust projects within Mid Devon be APPROVED.

2. Grants delegated authority to the Director of Place and Economy, in conjunction with the Cabinet Member for Housing, Assets and Property Services to enter into Grant Agreements with Devon County Council (as accountable body) and the relevant organisations associated with the CLT projects in order to enable spend of the grant funding and the delivery of associated outputs within the requisite timetables.

(Proposed by Cllr S Clist and seconded by Cllr S Keable)

Reason for Decision:

As set out above; legal agreements would need to be entered into in order to support the securing of grant funding by Mid Devon and to support onward transition to the CLT projects. The Agreements would set out the legal responsibilities between the respective bodies.

Note: * Report previously circulated.

Note:** Cllr N Bradshaw abstained from voting due to leaving the room during the discussion.

To receive a report from the Director of Place and Economy on the Willand Neighbourhood Plan - decision on Examiner's report.

Cabinet had before it a report * from the Director of Place and Economy on the Willand Neighbourhood Plan including the decisions on the examiner’s report.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:

• There were currently four adopted Neighbourhood Plans in Mid Devon. Those covered the parishes of Tiverton, Cullompton, Crediton and Silverton. There were also Neighbourhood Plans that were being prepared for other parishes in the district, including Newton St Cyres, Lapford and Willand. Neighbourhood Plans would provide communities with an opportunity to have a greater say on what developments could and could not take place in their local areas. The preparation of Neighbourhood Plans was subject to a formal plan making process and a number of key stages. Those key stages required technical support and several decisions to be taken by the Council.
• Willand Parish Council had been preparing a Neighbourhood Plan following the designation of the neighbourhood area in June 2023.  The neighbourhood area covered the parish of Willand. The preparation of the Neighbourhood Plan had included consultation on a pre-submission draft plan in the summer of 2023 and consultation on a regulation 16 publication plan in March / April 2024. The Neighbourhood Plan had since been examined by an independent Examiner and Mid Devon District Council received the final Examiner’s report on 6 August 2024.
• The Planning, Environment and Sustainability Policy Development Group (PDG) met on 26 November 2024 and had agreed that the Willand Neighbourhood Plan with the Examiner’s recommended modifications and also factual corrections should proceed to a local referendum. This formed the basis for the recommendations that were before the Cabinet that evening.
• There was now a need for the Council to reach a decision whether the Willand Neighbourhood Plan with the Examiner’s recommended modifications and also factual corrections be agreed, and that the plan proceeded to a Local Referendum.

Should the Cabinet agree with those recommendations then once that decision came into effect, a Decision Statement would be published and a Local Referendum would be arranged in accordance with the relevant regulation requirements. A date for a Local Referendum had been arranged for Thursday 27 February 2025. Following the Local Referendum, if more than 50% of those persons voting, voted ‘yes’ then the Neighbourhood Plan would come into force as part of the Statutory Development Plan for the Willand area – alongside the adopted Mid Devon Local Plan and the adopted Devon Minerals and Waste Plans. The Neighbourhood Plan must be ‘made’ within eight weeks of the Local Referendum, which would be through its formal adoption by the Council following consideration by this Cabinet when it met again on 1 April 2025.

Discussion took place regards to:

• Clarification on voting in the referendum and whether it required 50% to be approved.
• Members thanked the Officers for their work on the Neighbourhood Plan.

RESOLVED that:

1. The Examiner’s modifications (Table 3) and the factual corrections (Table 2)  ...  view the full minutes text for item 122.

To receive a report from the Head of Service for Finance, Property and Climate Resilience and the Climate and Sustainability Specialist on the Green Enterprise Grants.

Cabinet had before it a report * from the Head of Finance, Property & Climate Resilience on the Green Enterprise grants.

The Cabinet Member for Environment and Climate Change outlined the contents of the report with particular reference to the following:

• This proposal was the next phase of the successful Green Enterprise Grants scheme. This extended an existing initiative, using Council funds to build on the current success in enabling green investment by local businesses.
• The scheme, was aimed at Small and Medium Sized Enterprises, offered small grants ranging between £500 - £5,000, that fitted perfectly with the recent much larger grants from the Green Impact Fund offered through our Devon and Torbay Devolution Deal. That was rapidly snapped up by applicants, so the Council were confident there would be demand. 
• With Cabinets approval, Officers would start to develop and promote the next phase of the Green Enterprise Grants, aiming for the scheme to go live by 1 April 2025, with all funds spent delivering environmental friendly projects by 31 March 2026.

Discussion took place regards to:

• The opportunity of bringing a report back mid-term on the progress.
• The grant allocation and how many business had expressed an interest and the projects that they were wanting help with.
• Whether the minimum of £500 within the grant was set by the Council?
• The smaller independent business that may be under the minimum requirement would the Council support those in the future.
• The impact of the smaller grants for businesses.
• If Agricultural and horticultural businesses came forward with a scheme would this be considered?

RESOLVED that:

1. That Cabinet instructed the Economic Development Team and the Climate and Sustainability Specialist to develop the next phase of the Green Enterprise Grant Scheme, in consultation with the Head of Service for Finance, Property and Climate Resilience as recommended by the Planning, Environment and Sustainability Policy Development Group.

(Proposed by Cllr N Bradshaw and seconded by Cllr S Keable)

Reason for Decision:

Any grant scheme would be subject to the current law around operational requirements and standards in public service. There were no legal implications associated with this proposal.

Note: * Report previously circulated.

To note the contents of the Forward Plan.

The Cabinet had before it, and NOTED, the Notification of Key Decisions *.

Note: * Key Decisions report previously circulated.