Agenda and minutes

To receive any apologies for absence.

There were no apologies.

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.

Members were reminded of the need to declare any interests when appropriate.

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

There were no members of the public present.

Members to consider whether to approve the minutes as a correct record of the meeting held on 14 June 2018

The minutes of the previous meeting were approved as a correct record and signed by the Chairman.

Report of the Head of Planning, Economy and Regeneration outlining the dates for the preliminary hearings for the examination of the Mid Devon Local Plan Review and requesting that delegated authority be given to the Head of Planning, Economy and Regeneration and officers to follow instructions from the appointed Inspector to assist with the examination of the Local Plan Review.

The Cabinet had before it a * report of the Head of Planning, Economy and Regeneration requesting delegated authority to follow instructions from the appointed Inspector to assist with the examination of the Local Plan Review.

Forward Planning Team Leader stated that the requests within the report were necessary for the smooth running of the examination process and that the necessary delegated authority would allow Planning Officers and others to work with the Inspector if required.  Throughout the course of the examination, the Inspector may ask for additional information, this could include papers and statements with responses required on specific issues and could include responses to supplementary questions not previously responded to in hearing statements. It was possible that the Inspector may ask officers to undertake additional work and also engage with other participants in providing information to assist the Inspectors examination of the Local Plan.

Consideration was given to:

·         The need to be prepared to work with the Inspector effectively

·         How Members would be kept informed

·         The possible timings for the rest of the examination process and why 2013 was still mentioned in the title of the Plan.

RECOMMENDED to Council that:

Delegated authority be given to:

(Proposed by Cllr R J Chesterton and seconded by Cllr Mrs M E Squires)

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

To consider a report of the Group Manager for Performance, Governance and Data Security outlining the document retention requirements of the Data Protection Act (DPA) 2018 and GDPR.

The Cabinet had before it a *report of the Group Manager for Performance, Governance and Data Security setting out a revised Records Management Action Plan.

She outlined the contents of the report stating that in accordance with the new Data Protection legislation it was vital that records handling happened as part of a managed process and was logged, this was a new and significant legal requirement.  The Records Management Policy had previously been approved and the Action Plan would reinforce the requirements of the GDPR and Data Protection Act 2018

Consideration was given to possible over reaction with regard to the sharing of information.

RESOLVED that the Records Management Action Plan be approved.

(Proposed by the Chairman)

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

To note the contents of the Forward Plan.

The Cabinet had before it, and NOTED, its rolling plan * for July 2018 containing future key decisions.

Note:  *Plan previously circulated, copy attached to minutes

During discussion of the following item(s) it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Cabinet will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. 

To consider passing the following resolution so that financial information may be discussed.

Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)

Prior to considering the following item on the agenda, discussion took place as to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 15 15.02(d) (a presumption in favour of openness) of the Constitution. The Cabinet decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

It was therefore:

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)

(Proposed by the Chairman)

To consider a report of the Director of Finance, Assets and Resources requesting approval for the disposal of an asset.

The Cabinet had before it a report * of the Deputy Chief Executive (S151), outlining options for the disposal of an asset.

The Cabinet Member for Housing outlined the contents of the report and a full discussion took place.

Returning to open session the Cabinet:

RESOLVED that the asset disposal of the closed Public Convenience at St Lawrence Green, Crediton be approved.

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

Notes:-

i)             Cllr R J Chesterton declared a personal interest as the proposed purchaser was known to him;

ii)            *Report previously circulated.