Agenda and minutes

To receive any apologies for absence.

There were no apologies.

To consider whether to approve the minutes as a correct record of the meeting held on 23 November 2017.

The minutes of the previous meeting held on 29 November 2017 were approved as a true record and signed by the Chairman.

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

Dr Whittlesey speaking on behalf of West Manley Lane Conservation Group and referring to item 13 on the agenda (Tiverton Eastern Urban Extension Area A - Masterplanning - Land South of West Manley Lane) referred to the proposed development South of West Manley Lane highlighted within the 2010 Allocation and Infrastructure Development Plan Document (AIDPD) and the adverse impact development in this area would cause and that there was a need to preserve and protect the area. He highlighted the one mile stretch of land which included the heritage trail, the railway line, the canal and Alisa Brook. He stated that in April 2015 the application for development on the Eastern Urban Extension was put before the Planning Committee, consideration was given to proposals for dwellings south of West Manley Lane. Following discussion the applicant  had amended the red line which withdrew any development south of West Manley Lane. People therefore thought that this would be the end of it and therefore the area was safe from development. However the planning policy was never changed and 2 ½ fields were still open for development. He asked what would happen to this area when Area B was developed, the existing houses south of West Manley Lane would still be at risk, and why were officers still supporting development south of West Manley Lane? He asked that this area be removed from the masterplan.

Mr Collier again referring to item 13 on the agenda stated that there were concerns that proposals for housing south of West Manley Lane were back on the agenda. He referred to the Planning Committee decision in 2015 and stated that the Council had voted to amend the policy. Elected Members had made the decision on behalf of the residents. He stated that he had lived in West Manley Lane for 40 years, at that time there were 4 farms in the area, fields and cattle remained. He stated that the railway walk and the canal were used for walking and come the spring the hedgerows would come to life making the roads very narrow and difficult for vehicles to pass. He felt that the area south of West Manley Lane needed to be protected and that no development should take place.

Mr Pilgrim again referring to Item 13 on the agenda and speaking from a canal prospective highlighted the importance of the buffer between the proposed development and the canal. West Manley Lane was a natural boundary and he had concerns for the vista of the canal and did not want to see development creep towards the railway line and the canal and wanted the buffer zone to be preserved. From the report he felt that officers were trying to pressurise Cabinet Members not to amend the masterplan as further consultation would be required and that this would be expensive. He urged the Cabinet to amend the masterplan and remove any possible development south of West Manley Lane.

The Chairman stated that these views would be considered  ...  view the full minutes text for item 90.

The Chairman indicated that he intended to take Item 13 – Tiverton Eastern Urban Extension Area A – Masterplanning – Land South of West Manley Lane as the next item of business.  This was AGREED.

To consider a report of the Head of Planning, Economy and Regeneration responding to a request by Cabinet setting out options available to them, should they wish to amend the adopted masterplan SPD with regard to land south of West Manley Lane within Area A of the Tiverton Eastern Urban Extension (EUE).

The Cabinet had before it a *report  of the Head of Planning, Economy and Regeneration responding to a request by Cabinet for a report setting out options available to them, should they wish to amend the adopted masterplan SPD with regard to land south of West Manley Lane within Area A of the Tiverton Eastern Urban Extension (EUE).

The Cabinet Member for Planning and Economic  Regeneration outlined the contents of the report by way of presentation stating that the Cabinet had requested that the issue of development south of West Manley Lane be reconsidered following consideration of Area B at a previous meeting. He addressed the issue raised in public question time with regard to consideration of a planning application by the Planning Committee and the formation of planning policy; a planning application could grant permission but that would not automatically change planning policy, this was a separate issue.

He explained that the Masterplan, Supplementary Planning Document for Area A of the Eastern Urban Extension had been adopted in 2014. Prior to this the Allocations and Infrastructure Development Plan Document (AIDPD) had identified the Area (A) as a mixed use site for residential and employment development.  He explained that the main area for development was north of West Manley Lane; however there was a small plot of land to the south of West Manley Lane that was within the allocation and formed part of the masterplan.  The EUE Design Guide had built on the content of the masterplan as guidance to developers.

He added that the masterplan could be amended but that specific processes would be required.  He felt that the decision of the Planning Committee in 2015 not to develop the area south of West Manley Lane should be supported and therefore consideration should be given to amending the masterplan.

Consideration was given to:

·         The decision of the Planning Committee in 2015

·         The incorrect assumption that a planning application decision would change policy

·         The need for a specific buffer zone to be established between development and the railway line/canal

·         The views of the legal advisor with regard to the most certain and transparent way of removing the area from the masterplan

·         The credibility of the masterplan

RESOLVED  that:

a)            The existing adopted masterplan for the Tiverton Eastern Urban Extension be amended by removing housing land parcels on the southern side of West Manley Lane (within Area A);

b)           The proposed revisions be submitted for public consultation; and

c)            Delegated authority be given to the Head of Planning, Economy and Regeneration in consultation with the Cabinet Member for Planning and Economic Regeneration to finalise consultation material.

(Proposed by Cllr R L Stanley and seconded by Cllr C R Slade)

Notes:

i)             Cllr Mrs M E Squires requested that her abstention from voting for (a) be recorded;

ii)             *Report previously circulated, copy attached to minutes.

Arising from a report of the Director of Operations, the Community Policy Development recommended that the proposed Air Quality Action Plan as attached in Annexe 2 with the addition of wording to emphasise the need for major infrastructure in Cullompton (this has been added to the Action Plan).

Arising from a *report of the Director of Operations, the Community Policy Development Group recommended that the proposed Air Quality Action Plan as attached in Annexe 2 with the addition of wording to emphasise the need for major infrastructure in Cullompton be approved.

The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that the action plan sought to set out the current air quality position and the improvements required taking into consideration public health and planning issues.  She highlighted the improvements made in Crediton with regard to the link road and the proposals to improve issues within Cullompton with plans for a relief road.

Consideration was given to:

·         Responses from the consultation process

·         E- bikes in Crediton

·         Air quality and parking issues in Crediton

·         Section 106 contributions

RESOLVED that the recommendation of the Policy Development Group be approved.

(Proposed by Cllr Mrs M E Squires and seconded by Cllr C R Slade)

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

Arising from a report of the Member Services Manager, the Community Policy Development Group had recommended that the Charter be approved for a further three years subject to the amendments highlighted in Appendix 1.

Arising from a *report of the Member Services Manager, the Community Policy Development Group recommended that the Charter be approved for a further three years subject to the amendments highlighted within Appendix 1

The Cabinet Member for Community Well-Being outlined the contents of the report highlighting the history of the charter, the review and consultation process that had taken pace and the direct link to the Corporate Plan.  He felt that the amendments made to the charter were sensible and therefore hoped that the recommendation of the PDG would be approved.

RESOLVED that the recommendation of the Policy Development Group be approved.

(Proposed by Cllr C R Slade and seconded by Cllr Mrs M E Squires)

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

Following a report of the Director of Finance, Assets & Resources and the Director of Operations, the Homes Policy Development Group when considering the options available for the Council to set a balanced budget for 2018/19 made the following recommendation: that Garage Rents and Community Alarm Charges for 2018/19 be frozen at the current levels for 2017/18.

Arising from a *report of the Director of Finance, Assets and Resources, the Homes Policy Development Group when considering the options available for the Council to set a balanced budget for 2018/19 made the following recommendation: that garage rents and community alarm charges for 2018/19 be frozen at the current levels for 2017/18.

The Cabinet Member for Housing outlined the contents of the report highlighting the thoughts of the Policy Development Group with regard to the need for improvements to be made to garages across the district and therefore the wish that both the garage rents and the community alarm remain at their current levels.

RESOLVED that the recommendation of the Policy Development Group be approved and considered as part of the budget setting.

(Proposed by Cllr R L Stanley and seconded by Cllr P H D Hare-Scott)

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

To reconsider the decision to approve the establishment of a joint Committee and the arrangements to support its future working as set out in the report and the documents referred to within.

The Cabinet had before it a *report of the Chief Executive which had been referred back from Council for reconsideration (due to appendix B being missing from the original paperwork) and approval of the establishment of a Joint Committee for the Heart of the South West and the arrangements to support its future working.

The Leader outlined the contents of the report highlighting the proposed recommendations, the key functions of the joint committee and the supplementary amendment that had been added with regard to the publication of press releases and/or public documentation.  All constituent authorities would consider the same report prior to January 2018.  He emphasised that the original report was before Members for reconsideration.

Consideration was given to:

·           The purpose of the Joint Committee was to increase productivity across the area

·           Scrutiny of the Joint Partnership and that Council would be able to provide this function

RECOMMENDED to Council that:

(Proposed by the Chairman)

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

To consider a report of the Director of Finance, Assets and Resources providing information about the Council’s interest and involvement in this development in advance of a decision in February 2018 to award the contract for the design and build. 

The Cabinet had before it  and NOTED a report* of the  Director of Finance, Assets and Resources providing information about the Council’s interest and involvement for the development of affordable housing at a site near Oakfields, Burlescombe, in advance of a decision in February 2018 to award the contract for the design and build. 

The Cabinet Member for Housing outlined the contents of the report stating that funding had been sought for the delivery of 6 affordable housing units on the site. The report outlined the funding implications and the need for development to start on site by 31 March 2018.  The intention for some time had been that the Council’s own housing Development Company, 3 Rivers Developments Limited would undertake the development, alongside the funding from the HCA, monies to progress the development had already been set aside in the budget.

Consideration was given to:

·         The timescales for the start of the development

·         The potential loss of funding

·         A further report regarding the contract award

Notes 

(i)           Cllr R L Stanley declared a personal interest as a Director of 3 Rivers Developments Limited;

(ii)          * Report previously circulated, copy attached to minutes.

To receive a report of the Director of Finance, Assets and Resources, detailing the statutory calculations necessary to determine the Tax Base for the Council Tax. 

The Cabinet had before it and a report* of the  Director of Finance, Assets and Resources detailing the statutory calculations necessary to determine the Tax Base for the Council Tax. 

The Cabinet Member for Finance outlined the contents of the report stating that this was a statutory function and a legal requirement, the Council would set its budget using Council Tax information as at 30 November each year in accordance with The Local Authorities (Calculation of Tax base) (England) Regulations.

Consideration was given to:

·         The possible levy increase on base percentage for empty homes

·         The number of empty homes taken over by the Council…

(Proposed by Cllr P H D Hare-Scott and seconded by Cllr C R Slade)

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

To receive a verbal update from the Director of Finance, Assets and Resources in respect of the income and expenditure so far in the year.

The Cabinet Member for Finance updated the meeting in respect of the income and expenditure so far in the year.  He indicated that there had not been any material changes since his last report and that the budget gap remained at £180k.  Most of the functions of the Council were performing well.  The Director of Finance, Assets and Resources stated that all major income flows were unchanged; there may be an issue with regard to the income from plastic recycling, this matter was being looked into.  There was some good news with regard to grant funding for the Garden Village and news from Government that planning fees could be increased by 20%.

To receive an update on the budget from the Director of Finance, Assets and Resources requesting the Cabinet to review the revised draft budget changes identified and discuss any further changes required in order for the Council to move towards a balanced budget for 2018/19.

The Cabinet had before it an *update on the budget from the Director of Finance, Assets and Resources setting out the revised draft budget changes identified.

The Cabinet Member for Finance outlined the contents of the report stating that following initial meetings of the Cabinet and the Policy Development Groups, the Finance team and service managers had been revisiting a range of budgets to deliver more savings or increase income levels.  Members discussed the following table which showed the main budget variances affecting the 2018/19 budget:

He highlighted the provisional formula grant ward for 2018/19 which amounted to £2.7m and the fact that the Council had also been given the freedom to raise its council tax by an additional 0.4%

Consideration was given to the business rate growth (Solar and Benefit of the Devon pool).

RESOLVED the updated General Fund budget proposals for 2018/19 be AGREED.

(Proposed by Cllr P H D Hare-Scott and seconded by Cllr C R Slade)

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

The Chairman indicated that he would take item 14 as the next item of business.  This was AGREED.

To consider a report of the Director of Finance, Assets and Resources advising Members on the results of the procurement of insurance services.

The Cabinet had before it a *report of the Director of Finance, Assets and Resources advising Members on the results of the procurement of insurance services.

The Cabinet Member for Finance outlined the contents of the report stating that the authority had procured a new contract for insurance services in conjunction with other local authorities and explained the tender process; by working in partnership with other authorities savings had been identified.

RESOLVED that contracts be awarded as follows for a period of 3 years with the option to extend for a further 2 plus 2 years:

Supplier 4:     Lots 1 and 2

Supplier 1:     Lot 3

Supplier 3:     Lots 4 and 5

(Proposed by Cllr P H D Hare-Scott and seconded by Cllr Mrs M E Squires)

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

To consider a report of the Head of Planning, Economy and Regeneration outlining the comments received following public consultation undertaken together with resultant changes to the Enforcement Plan.

The Cabinet had before it a *report  of the Head of Planning, Economy and Regeneration outlining the comments received following public consultation undertaken together with resultant changes to the Enforcement Plan.

The Cabinet Member for Planning and Economic  Regeneration outlined the contents of the report stating the Local Enforcement Plan had been considered in draft form in January 2017 and had been out to consultation; consideration of the comments received had been discussed at the Planning Policy Advisory Group.  He highlighted the investigation of reported breaches of planning control set out in the report and the prioritisation process suggesting some changes to the wording and the response times for the highest and high priority cases.

Consideration was given to:

·         The highest and high priority cases and although the wording with the enforcement plan was setting expectation it was suggested that officers would attend a reported high priority case as quickly as possible.

·         The need for conditions on planning approvals to be sensible and enforceable.

(Proposed by Cllr R  ...  view the full minutes text for item 103.

To note the contents of the Forward Plan.

The Cabinet had before it, and NOTED, its rolling plan * for December/January containing future key decisions.

Note: * Plan previously circulated; copy attached to the signed Minutes.