Agenda and draft minutes

To receive any apologies for absence.

Apologies received from Cllr J Wright.

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

Nick Quinn

The Appendix 2 - Corporate Risk Register shows a number of risks. I wish to ask questions about two of these:

CR9 (Delivery of the 3 Rivers Closedown Plan) - The accompanying text states that the Banksia Close property is being purchased by the Council and that the Haddon Heights Development, at Bampton, will complete in February 2024. It also states that marketing of the remaining five units continues and is now likely to extend past 31 March 2024.

Question 1:

Has the purchase of the Banksia Close property been completed?

Response from Cabinet Member for Finance:

Yes.

Question 2:

Has the Haddon Heights Development been completed?

Response from Cabinet Member for Finance:

Yes, with the final landscaping taking place when weather allows.

Question 3:

Were the five unsold units transferred to the Council by 31 March 2024?

Response from Cabinet Member for Finance:

Yes.

Question 3(a):

Will the Council continue to actively market these units, for sale, itself?

Response from Cabinet Member for Finance:

No – they will continue to be marketed by the current estate agents.

CR9a (Reputational Impact of 3 Rivers) - The accompanying text states that the reputational risk is mainly down to unhelpful and inaccurate statements being made about the Company and the consequential impact on the Council.

Question 4:

Does the Cabinet consider that the lack of proper information being provided by the Council, about the Company and its situation, may have contributed to such speculation?

Response from Cabinet Member for Finance:

This administration has been open and transparent with all elected members at all times, elected members that represent their community, at a level not seen with previous administrations; external reports and professional advice has been shared, along with updates and progress.  As much of this as possible has been put into the public domain, but to protect the Councils financial interest, and in turn our residents interests, some of this information has been withheld from public domain.

Question 5:

Even though there has been a considerable loss of public money, is the Council hoping that the final closure of the Company will, by itself, restore the reputation of the Council?

Response from Cabinet Member for Finance:

Reputation is very much earnt and while the final closure of the company in its self may not restore some of the confidence lost by previous administrations, the fact that this administration has done what it said would, i.e. not invest in further projects, seek professional advice, and close the company with the best possible return for the Tax Payer, in a timely and professional way to limit any further exposure, clearly demonstrates the integrity of the Leader and his cabinet, and in turn will further reinforce the trust our residents have in this Liberal Democrat Administration and support the restoration of this councils reputation under our stewardship.

Paul Elstone

This administration has repeatedly stated that it will be more open and transparent. However, it is noted  ...  view the full minutes text for item 131.

To record any interests on agenda matters.

No interests were declared under this item. Members were reminded of the need to make declarations of interest where appropriate.

To consider whether to approve the minutes as a correct record of the meeting held on 5 March 2024.

The minutes of the previous meeting held on 5^th March 2024 were approved as a correct record and SIGNED by the Leader.

To receive a report on the Silverton Neighbourhood Plan from the Director of Place and Economy.

Cabinet had before it a report * from the Director of Place and Economy on the Silverton Neighbourhood Plan.

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

·         The Silverton Neighbourhood Plan was subject to a local referendum held on Thursday 29^th February 2024, at which persons eligible to vote in the neighbourhood plan area (Silverton Parish) were asked the following question: “Do you want Mid Devon District Council to use the neighbourhood plan for Silverton to help it decide planning applications in the neighbourhood area?”

·         The result of the referendum was as follows: Number cast in favour of a yes recorded vote 459, number cast in favour of a no recorded vote 37, number of spoilt ballot papers recorded was 11. The total number of votes cast 507

·         Since 90.53 % of voters who voted are in favour of the Silverton Neighbourhood Plan the plan had become part of the statutory development plan for the area. It had attained the same legal status as a local plan (and other documents that form part of the statutory development plan).

·         Applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. Policies of the Neighbourhood Plan would be used alongside policies in the adopted Mid Devon Local Plan, and the Devon Minerals and Waste Plans, to help guide planning applications submitted to the Council for determination in the Silverton area and the decisions made on those.

·         The Council must now formally adopt the Plan as soon as reasonably practicable after the referendum was held, and not later than 8 weeks from that date. 

·         The Council may refuse to make the Plan if it considers that making it would be a breach, or would otherwise be incompatible with, any remaining EU obligations or any human rights obligations. Council officers hold the view that the making of the Plan would not breach these obligations (as set out within the Council’s Decision Statement). The Council must decide whether to make, or refuse to make, the Plan.

·         There is no opportunity at this stage to seek to amend the contents of the plan or make further representations to it.

·         The Silverton Neighbourhood Plan was the fourth neighbourhood plan to pass a local referendum and come into force as part of the statutory development plan in Mid Devon, and there are three other Neighbourhood Plans (for Willand, Newton St Cyres and Lapford) that are also currently been prepared by their local communities. The Council encourages local communities to prepare neighbourhood plans that would help them have a greater say in the future planning of their local areas.

RESOLVED that:

That Cabinet RECOMMENDS to Council that:

1.    The Silverton Neighbourhood Plan (Appendix 1) is ‘made’ (adopted) and brought into force as part of the statutory development plan for the Silverton area:

2.    The Silverton Neighbourhood Plan Adoption Decision Statement (Appendix)

3.    Is published to meet  ...  view the full minutes text for item 134.

To receive a verbal update on the Council's Statutory Duty towards Bio Diversity and Nature from the Director of Place and Economy.

Cabinet received, and NOTED a verbal update on the Council Statutory Duty towards Bio Diversity and Nature.

The Cabinet Member for Climate Change made particular reference to the following:

·         First consideration went to Cabinet in January.

·         The Council Statutory duty towards Bio diversity and Nature has been presented to the Policy Development Groups (PDGs) and Planning Policy Development Group for everyone to beware.

·         The planting of trees, working on wildlife and green spaces, river and seas motion to Scrutiny, water quality and nature.

·         Great ideas from the State of District debate and this would feed into the consideration of performance towards Biodiversity.

·         For all members to bring forward their ideas.

The Climate and Sustainability Specialist made particular reference to the following:

·         The engagement through the PDGs and thanked Members for the feedback.

·         The Government had asked for an action plan every five years to report back.

·         The action plan would be created following the feedback from the PDGs for example promoting the good things that are already happening and sustainable farming and local food systems.

·         Engagement with tenants regarding this issue needed to continue and be progressed. Other ideas included awareness training and improving access to the green areas when developing housing estates.

·         The planting of community orchards and how this had already been a success.

Discussions took place regarding:

·         The idea of planting a tree for each baby born in Mid Devon, including stillborn babies as there was a similar scheme in Somerset.

To receive a report from the Deputy Chief Executive (S151) on the Residents Survey.

Cabinet had before it and NOTED a report * from the Deputy Chief Executive (S151) Officers on the residents survey.

The Leader of the Council outlined the contents of the report with particular reference to the following:

·         There was no significant change to the resident survey.

·         The 43% trusted their local Council to make decisions about local services, compared to 2% trust for the Government.

·         Percentage of residents that think the media has viewed local Councils positively in the last few months.

The Deputy Chief Executive (S151) Officer outlined in the report with particular reference to the following:

·         The Council conducted a combined residents’ and budget setting survey in November/December 2023.

·         Many of the responses, and those for the LG Inform survey, had seen a deterioration in their scores/feedback, which may of had some bearing on the national challenges that had been faced currently.

·         Resident feedback enables the Council to focus on the key concerns/messages, whilst also providing an important baseline, which can be utilise in order to measure feedback against in future years and assess the direction of travel.

Discussion took place regarding:

·         The disappointment in the amount of respondents to this year survey.

·         To engage more with the residents of the Council.

·         The responses in regards to climate change and the wording around fairly or very important.

·         Details of the percentages to see where improvements could be made.

·         Mid Devon households pay on average £225.40 in Council Tax per year (£4.32 per week) in 2023/24 to the Council.

Note: * Report previously circulated.

To receive a report from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Corporate Performance Plan.

Cabinet had before it and NOTED a report * from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Corporate Performance Plan.

The Corporate Performance and Improvement Manager on the Corporate Performance Plan outlined the contents of the report with Particular reference to the following:

·         Appendices 1-5 provided Members with details of performance against the Corporate Plan and local service targets for quarter 3, financial year 2023/24. This spans the period October 2023 to December 2023.

·         The Corporate Plan had four themes: Homes, Environment, Economy, and

Community. Climate Change is a cross cutting theme of the Plan. Alongside the performance reported of the Corporate Plan, the Council presented performance information on a wide range of corporate performance indicators, these are detailed in Appendix 5.

Note: * Report previously circulated.

To receive a presentation from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Corporate Performance Dashboard.

Cabinet had before it and NOTED a presentation * from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Corporate Performance Plan.

The Corporate Performance and Improvement Manager on the Corporate Performance Plan outlined the contents of the presentation with particular reference to the following:

·         The dashboard at a glance provided an overall annual target as a pie chart.

·         The performance measures and finance measures were highlighted and the RAG rating of the red, amber and green.

Discussions took place regarding:

·         The agency spend versus budget and if there was a budget for the agency or if the Council was £53k above it.

·         Council tax on the report was amber and an update as of today for last year for 97.5% and business rates at 99.4% and a fantastic results.

To receive a report from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Corporate Risk.

Cabinet had before it and NOTED *report from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Corporate Performance Dashboard.

The Corporate Performance and Improvement Manager outlined the contents of the report with particular reference to the following:

·         The Corporate Risk Register contains the strategic risks which are most likely to impact the corporate priorities of the Council.

·         It would be reviewed at least quarterly by Corporate Managers and the Leadership Team and updated as required. It is then presented to the Audit committee and to Cabinet. Risks are managed on the council’s corporate performance and risk management system, SPAR.

·         The corporate risks are presented on a risk matrix (heat map), Appendix 1. Information on each risk is presented in a standard template, Appendix 2.

Discussions took place regarding:

·         The current risk on CR10 Cullompton Town centre relief road and CR1b  Cullompton Garden Village – Delay/ impact to project arising from infrastructure delays as these would impact one another and the scoring is different.

·         CR2 the cyber security risk rating level at high and the likelihood that a cyber-attack could happen. What is being done to support a cyber-attack with these sorts of threats?

·         The processes of risk, the Council would identify a risk, accessing the severity and likelihood then the rating, it would be helpful if the mitigation could be included in the future reporting. 

RESOLVED that:

1.    Cabinet Members review the Corporate Risk Register and feedback any areas of concern.

To receive an update from the Corporate Performance and Improvement Manager on the New Corporate Plan.

Cabinet had before it and NOTED, a verbal update from the Corporate Performance and Improvement Manager on the new Corporate Plan.

The Leader of the Council outlined the contents of the update with Particular reference to the following:

·         The current Corporate plan is from the previously administration.

·         The new Corporate Plan will be presented to Council and set an ambitious manifesto to deliver and put into practice.

·         The closure of 3 rivers and would like to progress further than the targets set.

·         The current administration has worked with members of the Council and the PDGs on the Corporate Plan.

The Corporate Performance and Improvement Manager outlined the contents of the update with Particular reference to the following:

·         The aims of the new the Corporate Plan and a draft will be presented to Cabinet in June and based on five Thematic Areas as follows:

Planning, Environment & Sustainability;

Community, People & Equalities;

Homes;

Economy & Assets;

Service Delivery & Continuous Improvement

·         The recent Standards Committee agreed to take a report to Council for the Proposed Changes to PDGs to align with the thematic areas.

·         This Council moves to a more robust implementation of the Hybrid system, utilising the PDGs and the Programming Panel to better develop policy and set strategic direction.

·         Members will work closely to set out the draft thematic areas to align with the policy development group.

To receive a report from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Single Equalities Scheme Report.

Cabinet had before it a report* from the Corporate Manager for People, Governance & Waste and Corporate Performance and Improvement Manager on the Single Equalities Policy and Equality Objective.

The Cabinet Member for Working Environment outlined the contents of the report with Particular reference to the following:

·         To provide Members with an update on action taken to help meet the Council’s statutory duties under the Equality Act (2010).

·         A change to our approach to Equality Objectives from 2024/25 is proposed to make them more specific and measurable whilst retaining the ambitious outcomes we wish to deliver.

·         The Equality Objectives for 2024/25 are arranged by six themes, and proposed measurement is provided in parentheses. They have been discussed by the Equality Diversity Inclusion Group.

RESOLVED that:

Cabinet APPROVED the Single Equality Scheme together with the Equality Objectives for 2024/25.

Proposed by Cllr J Lock and seconded by Cllr S Keable)

Reason for Decision:

Approving the Single Equality Scheme and Equality Objectives helps to ensure the council meets its legal responsibilities in relation to the Equality Act (2010).

To receive a report of the Environment and Enforcement Manager and the Corporate Manager for People, Governance and Waste providing recommendations from the Parking Consultation Working Group.

Cabinet had before it a report * from the Environment and Enforcement Manager and the Corporate Manager for People, Governance and Waste providing recommendations from the Parking Consultation Working Group.

The Cabinet Member for Finance outlined the contents of the report with Particular reference to the following:

·         These are the first proposals put forward to the Cabinet for ratification by the recently formed Car Parking Consultation Group.

·         The Working Group was made up of town, business and community representatives and the purpose was to ensure that future parking and permit tariffs and issues had the input of local people and leaders before they are considered by members.

·         It was led by Cllr Guy Cochran and had the assistance of both Luke Howard, Environment Enforcement Manager and Matthew Page, Corporate Manager for People, Governance and Waste,

·         The first two sets of proposals are for a new three hour tariff to be introduced in our long stay car parks to encourage residents and visitors to be able to spend longer in our District and Town Centres.

·         The second is for five free Car Parking Saturdays to be agreed in the build up to Christmas 2024 so local communities and businesses can plan ahead accordingly for this important time of year.

·         The Economy PDG have carefully considered these proposals and are very happy to send them to Cabinet for ratification this evening. You will see from the report that a wide set of terms of reference have been established and I look forward to bringing future recommendations from the group forwards over the coming months.

RESOLVED that:

1.    For Cabinet to APPROVE the proposed tariff changes that have come from the Car Parking Consultation Working Group and been recommended for approval by Economy PDG for ratification.

2.    For Cabinet to APPROVE five free Saturdays for parking at the Multi Storey car park, Tiverton, High Street (St Saviours), Crediton and Station Road, Cullompton in the lead up to Christmas 2024.

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

Reason for the Decision:

Road Traffic Regulation Act 1984 regulates how changes can be implemented. Any decisions need to have consideration for this act and requirements for amendments.

To receive a report from Corporate Manager for Public Health, Regulation and Housing on the Devon Serious Violence Strategy.

Cabinet had before it a report * from the Corporate Manager for Public Health, Regulation and Housing on the Devon Serious Violence Strategy.

The Cabinet Member for Community and Leisure outlined the contents of the report with Particular reference to the following:

·         The Devon Preventing Serious Violence Strategy was a new strategy which outlined the Safer Devon Partnership’s framework for preventing and reducing serious violence in Devon.

·         It was grounded in a public health response to violence which was recognised that addressing the root causes of violence is crucial for prevention. It outlined the overall vision, priorities and intended impacts for work to prevent violence. A delivery plan exploring work towards these priorities and its impacts would accompany the strategy and provide details about specific actions and activities.

·         This Preventing Serious Violence Strategy outlines our collective ambition for keeping people, families and communities in Devon safe from the risk and experience of violence.”

·         Here, violence is defined as “the intentional use of physical, sexual or psychological force or power (including threats of violence, and including coercive and controlling behaviour).”

·         Work was completed last year through the Safer Devon Partnership to commission the Special Needs Assessment and agreed five core strategy components:  Overall vision, Definition of violence, Priorities and intended impacts for work to prevent violence, Focus areas, and Principles and timeline for a delivery plan.

·         These components were agreed at the Safer Devon Partnership Executive meeting including all Community Safety Partnerships across Devon in November last year.

·         The strategy vision has been further refined within the final publication version as: “Our vision is for people, families and communities in Devon to thrive, safe from the risk and experience of violence.”

·         The report set out the three stages of prevention and the core priorities which have been simplified and are now set out across seven areas, separated into core and cross-cutting approaches.

·         For the next steps, all Community Safety Partnerships will be working with the Safer Devon Partnership to define achievable actions, outputs, outcomes and impacts, with the subsequent long-term changes we aim to see in our communities, in an overarching strategy delivery plan. This will be developed during 2024 following publication of the Strategy.

·         In order to discharge our duties under the Serious Violence Duty we are required to agree publish a strategy and governance arrangements that underpin delivery going forward. The Devon Preventing Serious Violence Strategy has been developed by the Safer Devon Partnership including East and Mid Devon Community Safety Partnership as Safer Devon Partnership Executive members. The strategy utilises a public health approach over the next five years to address the key areas identified through the Special Needs Assessment.

Discussion took place regarding:

·         The unfortunate language used in the report when referring to children in care as it appeared they were being demonised.

·         The definition of violence and the wording “intentional” use of physical, sexual or psychological force or power (including threats of violence, and including coercive and controlling behaviour).

RECOMMENDED to Full Council that:  ...  view the full minutes text for item 143.

The Leader proposed to continue the meeting in public session following a discussion.

To receive a report from Corporate Manager for Public Health, Regulation and Housing on the Contract for the Unlicensed Asbestos Surveying and Removal Works 2024 - 2028.

Cabinet had before it a report * from the Corporate Manager for Public Health, Regulation and Housing on the Contract for the Unlicensed Asbestos Surveying and Removal Work 2024-2028.

The Deputy Leader and Cabinet Member for Housing and Property Services outlined the contents of the report with Particular reference to the following:

·         Advised Cabinet Members on the results for the tendering of the Measured Term Contract for the Removal of Unlicensed Asbestos 2024 – 2028.

RESOLVED that:

1.    It is recommended that the new Measured Term Contract for the Removal of Unlicensed Asbestos 2024 – 2028, be awarded to Contractor 7.

2.    Delegated authority be granted to the S151 Officer (in consultation with the Cabinet Member for Housing and Property Services) to complete the associated Measured Term Contract for the Removal of Unlicensed Asbestos 2024 – 2028.

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

Reason for the Decision:

We have a legal duty to meet the Decent Homes Standard, and maintain the health and safety of our employees and tenants. The conditions of engagement are based on a standard JCT Measured Term Contract. This provides a robust framework for managing and controlling the performance of the contractor to meet our legal obligations.

Note: * Report previously circulated.

To receive a report from Corporate Manager for Public Health, Regulation and Housing on the Contract for the Licensed Asbestos Surveying and Removal Works 2024 - 2028.

Cabinet had before it a report * from the Corporate Manager for Public Health, Regulation and Housing on the Contract for the Licensed Asbestos Surveying and Removal Work 2024-2028.

The Deputy Leader and Cabinet Member for Housing and Property Services outlined the contents of the report with Particular reference to the following:

·         Advised Cabinet Members on the results for the tendering of the Measured Term Contract for the Removal of Licensed Asbestos 2024 – 2028.

RESOLVED that:

1.    It is recommended that the new Measured Term Contract for the Removal of Licensed Asbestos 2024 – 2028, be awarded to Contractor 2.

2.    Delegated authority be granted to the S151 Officer (in consultation with the Cabinet Member for Housing and Property Services) to complete the associated Measured Term Contract for the Removal of Licensed Asbestos 2024 – 2028.

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

Reason for the Decision:

We have a legal duty to meet the Decent Homes Standard, and maintain the health and safety of our employees and tenants. The conditions of engagement are based on a standard JCT Measured Term Contract. This provides a robust framework for managing and controlling the performance of the contractor to meet our legal obligations.

Note: * Report previously circulated.

To note the contents of the Forward Plan.

The Cabinet had before it and NOTED the notification of Key Decisions.

The Democratic Services Manager added the New Corporate Plan to June’s Cabinet meeting.

Note: * Notification of Key Decisions previously circulated.