Agenda and minutes

To receive any apologies for absence.

There were no apologies.

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

There were no questions raised by members of the public.

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 interests were declared:

Members to consider whether to approve the minutes as a correct record of the meeting held on 7 February 2019.

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

To consider a report of the Head of Planning Economy and Regeneration regarding governance arrangements for Section 106 agreements and financial contributions.

The Leader advised that the item had been deferred to a future meeting.

To consider a report of the Head of Planning Economy and Regeneration highlighting some of the headline findings of the recent costs exercise to provide Members with background information on suggested service improvements and changes.

The Cabinet had before it and NOTED a * report of the Head of Planning, Economy and Regeneration highlighting some of the headline findings of the recent costs exercise to provide Members with background information on suggested service improvements and changes.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that a review of planning service costs was required. He explained that at the last review there had been buy in and collaboration with other local authorities but that they were reluctant to join in with a review of their services on this occasion. He explained that the report gave a comprehensive view of the planning service and what it cost to run.

Consideration was given to:

·         Full on costs to reflect the true cost of service provision

·         Efficiency savings

·         Cost of applications determined under delegated powers by officers verses those which went through the democratic process via Planning Committee

·         Inability to recover all costs as planning fees were determined by the Government and legislation

·         Number of planning appeals

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

To consider a report of the Head of Planning, Economy and Regeneration regarding discretionary charges.

The Cabinet had before it a * report of the Head of Planning, Economy and Regeneration regarding discretionary charges.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that officers had been tasked with suggesting ways to reimburse some costs. He explained that the charge was for face to face consultations only and that the Planning service would continue to provide a free Planning Duty Officer Service by telephone and over the internet.

In response to questions, the Group Manager for Development explained that South Hams District Council had trialled the fee for 12 months and it had proved to be popular with customers who liked the set 30 minute time slot with a Planning Officer rather than having to wait for them to become available after dealing with other applicants.

RESOLVED that the introduction of a fee for the Planning Duty Officer Service be initially set at £30 (plus VAT)

(Proposed by Cllr R J Chesterton and seconded by Cllr R L Stanley)

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

To consider a report of the Head of Planning Economy and Regeneration defining the scope for the commissioning of consultants to assist in the preparation of a Masterplan Supplementary Planning Document and Delivery Plan (SPD) for Crediton Town Centre in the budget year 20/21.

The Cabinet had before it a * report of the Head of Planning, Economy and Regeneration outlining the scope for the commissioning of consultants to assist in the preparation of a Masterplan Supplementary Planning Document and Delivery Plan (SPD) for Crediton Town Centre in the budget years 2020/21.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that the initial work was primarily to define the scope of the Crediton Town Centre Masterplan. He said the key to focus growth in the main towns was to develop a Masterplan which sat alongside and supplemented the Neighbourhood Plan.  He explained that the engagement of the local community was essential for it to succeed and there would be two stages of public consultation.

The local ward members for Crediton welcomed the focus on the town and acknowledged that local people and organisations should be involved in the very early stages of the development of a Masterplan.

Consideration was given to:

·         Local Ward Members being consulted

·         Inclusion of the local Parishes in the consultation

RESOLVED that

i)             The scope and geographical area of the Masterplan be agreed.

ii)            Delegated authority be given to the Head of Planning, Economy and Regeneration in consultation with the Cabinet Member for Planning and Economic Regeneration to engage consultants to assist with the preparation of a Crediton Town Centre Masterplan and Delivery Plan in the budget year 20/21.

(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 Head of Planning, Economy and Regeneration analysing the three market towns and seeking to prioritise which of them should be selected to form the basis of the single expression of interest which is allowable under this fund.  It also identifies the potential for a further expression of interest to be submitted for the separate heritage part of the fund.

The Cabinet had before it a * report of the Head of Planning, Economy and Regeneration analysing the three market towns and seeking to prioritise which of them should be selected to form the basis of the single expression of interest which is allowable under this fund.  It also identified the potential for a further expression of interest to be submitted for the separate heritage part of the fund.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that the Government had released a pot of money to regenerate Town Centres and that all three of the districts towns, Tiverton, Cullompton and Crediton, were eligible. He explained that only one town could be applied for and that because the Tiverton Town Centre Masterplan was so well advanced that it was felt that this would be the sensible option.

He explained that the Council could attempt to raise funds for Cullompton from a grant from an architectural heritage fund and now that the recent delivery of a plan for a relief road was complete it was felt that an application would be looked upon favourably by Historic England.

Consideration was given to:

·         Stage one of the Tiverton regeneration was ongoing.

·         Crediton did not currently qualify for grant funding but this could be revisited in the future.

·         Working closely with the County Council to deliver regeneration in the event of a successful bid.

RESOLVED:

i)          That delegated authority be given to the Deputy Chief Executive (S151) in consultation with the Cabinet Member for Planning and Economic Regeneration and the Cabinet Member for Housing to submit an Expression of Interest to the Future High Streets Fund and to determine the financial amount sought under the fund;

ii)         That the expression of interest is made for Tiverton Town Centre; and

iii)       That further delegated authority be given to the Deputy Chief Executive (S151) in consultation with the Cabinet Member for Planning and Economic Regeneration and the Cabinet Member for Housing to submit a further Expression of Interest (or equivalent) if the opportunity presents for the regeneration of Cullompton’s historic High Street through the Heritage element of the Future High Streets Fund and to determine the financial amount sought under the fund.

(Proposed by Cllr R J Chesterton and seconded by Cllr C R Slade)

Note:

a)    Cllr C J Eginton declared a personal interest as he owned a shop in Tiverton.

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

To consider a report of the Director of Operations advising Members on the results of the procurement exercise for the provision of fleet supply and maintenance and seek approval to award the contract to the successful bidder.

The Cabinet had before it a *report of the Group Manager for Street Scene and Open Spaces advising Members on the results of the procurement exercise for the provision of fleet supply and maintenance and seeking approval to award the contract to the successful bidder.

The Cabinet Member for Finance outlined the contents of the report stating that the Vehicle Hire Contract would be more efficient than the current practice of purchasing and servicing vehicles outright.

Consideration was given to:

·         Any extension to the contract at the end of the term would be by mutual consent with Exeter City Council

·         The contract had been tendered jointly but there would be two separate contracts run independently with MDDC and Exeter City Council

RESOLVED that

(i)        The contract be awarded jointly with Exeter City Council for fleet supply and maintenance to Supplier C with effect from 1 June 2019 for a term of 7 years with an option for a 7 year extension.

(ii)       The Group Manager for Street Scene & Open Spaces explores further opportunities for joint working for Fleet Management.

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

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

To consider a report of the Chief Executive seeking approval to invest £49,995 to support the next stage in the setting up of South West Mutual.

The Cabinet had before it a * report of the Chief Executive seeking approval to invest £49,995 to support the next stage in the setting up of South West Mutual.

The Deputy Chief Executive (S151) outlined the contents of the report stating that a number of Local Authorities were making investments including South Hams, West Devon, East Devon and Teignbridge. There were ongoing discussions with Plymouth, Devon County, Somerset and Dorset who were likely to consider investing in round two. The cost of officers working on the scheme was being met by the social investment business fund and not borne by MDDC.

Consideration was given to:

·         The reduction in numbers of High Street Banks servicing our Towns and Parishes

·         The importance of Local Authorities supporting their communities with initiatives which benefitted them

·         The risks associated with the scheme

·         The need for the Council to be regularly updated by the bank

RECOMMENDED to Council that:

(Proposed by The Chairman)

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

To receive a verbal report from the Deputy Chief Executive (S151) presenting a financial update in respect of the income and expenditure so far in the year.

The Cabinet Member for Finance provided a verbal report stating that the financial deficit had reduced to £45k and this was extremely encouraging.

Cabinet are asked to note the following decisions made by Cabinet Members:

Cllr P H D Hare-Scott:

To close the bottom half of the Station Road pay and display Car Park Cullompton on Saturday 13^th April 2019 between 6am and 2pm.

REASON FOR DECISION:

The Cullompton Farmers Market Committee Group have approached the Council with a request to close part of the Station Road car park in Cullompton to host Cullompton Spring Festival.

They have requested on Saturday 13^th April from 6am until 4pm to close and erect stalls to the lower part of the car park so stalls can be erected, this would mean the upper car park would be still available for pay and display and permit holders to use but the reduced number of spaces would result in a reduced income.

Cllr R J Chesterton:

Increase Building Control Fees by approximately 3%.

REASON

To maintain cost recovery for Building Control activity. Building Control fees were last changed in 2018 and this change keeps fees in line with inflation and ensures that the service continues to cover its costs.

The following Cabinet Member decisions were NOTED:

Cllr P H D Hare-Scott:

To close the bottom half of the Station Road pay and display Car Park Cullompton on Saturday 13^th April 2019 between 6am and 2pm.

REASON FOR DECISION:

The Cullompton Farmers Market Committee Group have approached the Council with a request to close part of the Station Road car park in Cullompton to host Cullompton Spring Festival.

They have requested on Saturday 13^th April from 6am until 4pm to close and erect stalls to the lower part of the car park so stalls can be erected, this would mean the upper car park would be still available for pay and display and permit holders to use but the reduced number of spaces would result in a reduced income.

Cllr R J Chesterton:

Increase Building Control Fees by approximately 3%.

REASON

To maintain cost recovery for Building Control activity. Building Control fees were last changed in 2018 and this change keeps fees in line with inflation and ensures that the service continues to cover its costs.

To note the contents of the Forward Plan.

The Cabinet had before it, and NOTED, its rolling plan * for March 2019 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 & Resources and the  3 Rivers Development Limited Acting Managing Director requesting approval of the draft 5 year (21 February 2019) business plan for 3 Rivers Developments Limited

The Cabinet had before it a * report of the Deputy Chief Executive (S151) and the 3 Rivers Developments Limited Acting Managing Director requesting approval of the draft 5 year business plan for 3 Rivers Developments Limited.

The Cabinet Member for Housing outlined the contents of the report.

Returning to open session the Cabinet:

RESOLVED that the draft 5 year business plan for 3 Rivers Developments Limited be approved.

(Proposed by the Chairman)

Notes:

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

ii)             *Report previously circulated.