Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Laura Woon Democratic Service Manager
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Apologies To receive any apologies for absence. Minutes: Apologies were received from Councillors S Keable and L Taylor. |
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Public Question Time To receive any questions relating to items on the Agenda from members of the public.
Minutes: Paul Elstone
Question 1: It is noted that the Mid Devon District Council (MDDC) Corporate Risk Report CR 18 Housing Rent Error risk score has increased by 50% or from a score of 8 to 12 over the last month. Given that the Housing Rent Error risk is deemed either reputational or financial it would not be unreasonable to consider that it is in fact the financial risk that has increased.
It is mentioned that Mid Devon District Council (MDDC) are waiting on a national policy decision from the Department of Work and Pensions.
Research conducted leads me to believe that Department for Working Pension (DWP) are not constrained by the 6-year legal limitation when recovering overpayments. This including Housing Benefit and Universal Credit amounts. That the DWP have mechanisms available and which historically they have used to recover overpayments they have made, this irrespective of time limits.
Does the increase in risk scoring now recognise this potential?
Question 2: The Council made a rent repayment provision of £1.545 million in the 2023/24 financial statement which was rolled forward and increased to £1.777 million as at the 31March 2025.
What is the current amount of the rent repayment provision this including when potential Department for Working Pension (DWP) uplifts are factored in?
Question 3: When the referenced outstanding Department for Working Pension (DWP) communication is received, will it be made available to all elected members?
Question 4: For the purposes of full openness and transparency will this document be made public?
Question 5: It is noted that the drawing is an old revision it shows a bike storage area that no longer exist. Additionally, the provision of the ten (10) additional parking spaces is not shown.
A parking area that was contentious and which was rejected by the Mid Devon District Council (MDDC) Planning Committee and only granted on appeal.
Was using an outdated drawing an omission, a mistake, or intentional?
Question 6: The Appendix 1 drawing is very poorly annotated, and no explanation of the intent of the bold red line is provided. What prevents someone from parking in the location of the previous bike store and unconstrained?
Question 7: With the ten (10) parking spaces not being shown as part of the Off-Street Parking Area – what is to prevent non-residents parking at this location?
The Deputy Leader stated that Mr Elstone would receive a written response to his questions in 10 working days.
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Declarations of Interest under the Code of Conduct To record any interests on agenda matters.
Minutes: Members were reminded of the need to make declarations of interest where appropriate. |
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Minutes of the Previous Meeting To consider whether to approve the minutes as a correct record of the meeting held on 4 November 2025. Decision: The minutes of the previous meeting held on 4 November 2025 were APPROVED as a correct record and SIGNED by the Deputy Leader. Minutes: The minutes of the previous meeting held on 4 November 2025 were APPROVED as a correct record and SIGNED by the Deputy Leader. |
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Corporate Performance Report- Quarter 2 To receive a report from the Corporate Performance and Improvement Manager to provide a quarterly update on Performance against the Corporate Plan 2024-28 and service performance measures for Quarter 2. Additional documents: Decision: The Cabinet had before it and NOTED a report * from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Quarter 2 Performance Report, presenting performance information relating up to September 2025.
Minutes: The Cabinet had before it and NOTED a report * from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager on the Quarter 2 Performance Report, presenting performance information up to September 2025.
The Corporate Performance and Improvement Manager outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
Note: Report previously circulated.
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Corporate Risk Report To receive a report from the Corporate Performance and Improvement Manager to provide a quarterly update regarding the Corporate Risk register. Additional documents: Decision: The Cabinet had before it and NOTED a report * from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager presented the Council’s current corporate risks with their updated position following the most recent review period.
Minutes: The Cabinet had before it and NOTED a report * from the Head of People, Performance and Waste and the Corporate Performance and Improvement Manager presenting the Council’s current corporate risks with their updated position following the most recent review period.
The Corporate Performance and Improvement Manager outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
Note: * Report previously circulated. |
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Annual Infrastructure Funding Statement; The Infrastructure List To receive a report from the Deputy Chief Executive (S151) Officer on reviewing and updating the infrastructure list annually and to approve the updated Infrastructure List for publication on the Council’s website as part of the statutory annual Infrastructure Funding Statement.
Additional documents:
Decision: The Cabinet had before it a report * from the Deputy Chief Executive (S151) on the infrastructure list and to approve the updated Infrastructure List for publication on the Council’s website as part of the statutory annual Infrastructure Funding Statement.
RESOLVED that:
1. The list of infrastructure as amended (Appendix 1; the Mid Devon Infrastructure List) that the Council intends to fund, either wholly or partly, by developer contributions be APPROVED.
2. The Infrastructure List is included within the annual Infrastructure Funding Statement (IFS) to be published on the Council’s website by 31st December 2025.
Note: *Report previously circulated
Minutes: The Cabinet had before it a report * from the Deputy Chief Executive (S151) on the infrastructure list inviting Cabinet to approve the updated Infrastructure List for publication on the Council’s website as part of the statutory annual Infrastructure Funding Statement.
The Cabinet Member for People Development outlined the contents of the report with particular reference to the following:
Ø To remove the New Criminal Justice Centre – no longer identified as a priority. Ø Add Silverton Neighbourhood Plan priority: footpath link, landscaping, ecological enhancements, and public open space at the Glebe. Ø Add Willand Neighbourhood Plan priority: e-cargo and electric vehicle hub.
RESOLVED that:
Funding Statement (IFS) to be published on the Council’s website by 31st December 2025.
(Proposed by Cllr M Fletcher and seconded by Cllr G DuChesne)
Reason for Decision: There was a legal requirement placed through Regulation 121A of the Community Infrastructure Levy largely applicable to CIL charging authorities to publish no later than 31st December in each calendar year an annual infrastructure funding statement which comprises “a statement of the infrastructure projects or types of infrastructure which the charging authority intends will be, or may be, wholly or partly funded by CIL (“the infrastructure list”).
Note: *Report previously circulated
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Mid Devon Off Street Parking Places Order To receive a report from the Environment & Enforcement Manager and the Head of People, Governance and Waste considering that it amends the Mid Devon (Off Street Parking Places) Order 2016 (the “OSPPO”) as set out in the report. Additional documents:
Decision: The Cabinet had before it a report * from the Head of People, Governance and Waste and the Environment and Enforcement Manager
RESOLVED that:
1. On being satisfied that the statutory grounds for amending and varying the OSPPO are met, as detailed in the Report, to allow and authorise the Operations Manager for Street Scene to commence statutory consultation for the following proposed amendments to the OSPPO: · To incorporate within the OSPPO parking restrictions, as defined in the report within the area known as ‘St Georges Court’, in Tiverton. This includes entering into a Service Level Agreement with Tiverton Town Council (TTC) to incorporate 3 permit bays currently owned by them into the OSPPO to enable enforcement by Mid Devon District Council (“the Council”) in respect of these bays. · To amend the OSPPO to incorporate 18 spaces within the area known as ‘Wellbrook Green’ in Tiverton for the purpose of resident only parking. 2. That Delegated Authority be granted to the Director of Legal, HR & Governance (Monitoring Officer) to draft the order amending the above OSPPO including making the necessary required minor amendments to go out to consultation. 3. In the event that there are no material objections to the proposed amendments and variations as determined by the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for Service Delivery and Continuous Improvement, to then grant delegated authority to the Director of Legal, HR & Governance (Monitoring Officer) to make the order amending the OSPPO as recommended in the Report.
Note: *Report previously circulated
Minutes: The Cabinet had before it a report * from the Head of People, Governance and Waste and the Environment and Enforcement Manager
The Cabinet Member for Finance, Governance and Risk outlined the contents of the report with particular reference to the following:
RESOLVED that:
· To incorporate within the OSPPO parking restrictions, as defined in the report within the area known as ‘St Georges Court’, in Tiverton. This includes entering into a Service Level Agreement with Tiverton Town Council (TTC) to incorporate 3 permit bays currently owned by them into the OSPPO to enable enforcement by Mid Devon District Council (“the Council”) in respect of these bays. · To amend the OSPPO to incorporate 18 spaces within the area known as ‘Wellbrook Green’ in Tiverton for the purpose of resident only parking.
(Proposed by Cllr J Downes and seconded by Cllr J Lock)
Reason for decision: The OSPPO was designed to accurately reflect the Council’s parking service and was a legal requirement that allowed the Council to provide such services. The Council was at risk of not being able to enforce parking contraventions within new locations and in respect of electric vehicle parking, which could result in reputational damage for not taking appropriate action against offenders.
Note: *Report previously circulated |
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Car Parking and Permit Proposals 26/27 To receive a report from the Head of People, Performance & Waste and the Environment & Enforcement Manager recommending proposals to be considered for future changes to both pay and display as well as permit parking within MDDC car parks for the financial year 2026/27. Additional documents:
Decision: The Cabinet had before it a report * from Head of People, Performance & Waste and the Environment & Enforcement Manager recommending proposals to be considered that have come from the Car Parking Consultative Group for future changes to both pay and display as well as permit parking within MDDC car parks for the financial year 2026/27.
RESOLVED that: 1. It reviewed the proposals initially made by the Car Parking Consultative Group regarding parking permits and consideration by the Economy and Assets PDG, and agreed the following: · The reintroduction of a day permit option for car park users. This to be available to use for all residents across the District. · To receive a further report from the Car Parking Consultative Group, to be first considered by the Economy and Assets PDG, regarding new ideas and proposals in relation to new potential parking permits that could be used in car parks across the District. · This to include the development of proposals around a new business permit for the Multi Storey Car Park (MSCP), Tiverton and to offer a potential reduction in the cost of permits located on level 1 of the MSCP, as highlighted in this report. · Future consideration be given by the Car Parking Consultative Group to extend free parking for market traders to other market towns. 2. A 5% rise for Car Parking charges to be introduced as part of the budget setting process for 2026/2027. This has been proposed by the Car Parking Consultative Group and then carefully considered by the Economy and Assets PDG. 3. The granting of additional free parking days for Crediton and Cullompton Town Councils to designate as they see fit to support their town centre activity. Note: * Report previously circulated.
Minutes: The Cabinet had before it a report * from Head of People, Performance & Waste and the Environment & Enforcement Manager recommending proposals to be considered that have come from the Car Parking Consultative Group for future changes to both pay and display as well as permit parking within MDDC car parks for the financial year 2026/27.
The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:
Ø That car parking fees were raised by 5%. There had been no rise in car parking fees since June 2024, during this period inflation was projected to rise by 5.7% cumulatively over the period. Ø That the Council offer a sole day permit to complement the existing day/night permit. At present, customers were only offered the day/night option, however, feedback supported a desire to expand permit options to include a sole day permit option. This to be made available to all residents right across the district. Ø Finally, representatives from Crediton and Cullompton had asked for an additional 3 days of free parking between them, during the year to support local events. · To note future work to be carried out by the Car Park Consultative Group on how parking permits were made more attractive and accessible for residents right across the district, as well as consider what can be offered to market traders when operating in all of the towns in the district. · On page 86 for Westexe South Tiverton should be up to four hours, not three.
Discussion took place with regards to:
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Strategic Grants renewal 2026/27, 2027/28 and 2028/29 To receive a report from the Deputy Chief Executive (S151) Officer to agree the level of grant funding for external agencies under the Strategic Grants Programme for a 3 year period (2026/27, 2027/28 and 2028/29). Decision: The Cabinet had before it a report * from the Deputy Chief Executive (S151)to agree the level of grant funding for external agencies under the Strategic Grants Programme for a 3-year period (2026/27, 2027/28 and 2028/29).
RESOLVED that:
Noting the recommendation by the Community, People and Equalities Policy Development Group.
1. A Strategic Grant funding programme of £120,000 per annum be approved for 2026/27, 2027/28 and 2028/29; 2. The Grant continues to be allocated to individual organisations as set out within Table 1 (contained within the report).
Note: *Report previously circulated
Minutes: The Cabinet had before it a report * from the Deputy Chief Executive (S151)to agree the level of grant funding for external agencies under the Strategic Grants Programme for a 3-year period (2026/27, 2027/28 and 2028/29).
The Cabinet Member for Finance, Government and Risk outlined the contents of the report with particular reference to the following:
Discussion took place with regards to:
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Tax Base Calculation 2026/27 To receive a report from the Deputy Chief Executive (S151) Officer on the details of the statutory calculations necessary to determine the Tax Base for the Council Tax. Decision: The Cabinet had before it a report * from the Deputy Chief Executive (S151) Officer presents the statutory calculations required to determine the Council Tax Base for the Council for the financial year 2026/27. The calculation follows the formula set out in The Local Authorities (Calculation of Tax Base) (England) Regulations 2012.
RESOLVED Cabinet recommend to Council that:
1. That the calculation of the Council’s Tax Base for 2026/27 be approved in accordance with The Local Authorities (Calculation of Tax Base) (England) Regulations 2012 at 31,180.16 an increase of 447.25 Band D equivalent properties from the previous financial year. 2. That the current collection rate of 97.5% remain the same, detailed in Section 2.
Note: *Report previously circulated
Minutes: The Cabinet had before it a report * from the Deputy Chief Executive (S151) Officer presenting the statutory calculations required to determine the Council Tax Base for the Council for the financial year 2026/27. The calculation followed the formula set out in The Local Authorities (Calculation of Tax Base) (England) Regulations 2012.
The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:
RESOLVED that Cabinet recommend to Council that:
1. That the calculation of the Council’s Tax Base for 2026/27 be approved in accordance with The Local Authorities (Calculation of Tax Base) (England) Regulations 2012 at 31,180.16, an increase of 447.25 Band D equivalent properties from the previous financial year. 2. That the current collection rate of 97.5% remain the same, detailed in Section 2.
(Proposed by Cllr J Downes and seconded by Cllr J Lock)
Reason for Decision:
The Council was a Statutory Billing Authority and must set its Council Tax each year. If it were not to set a Council Tax then the Authority and all Precepting Authorities would be unable to raise money to pay for all the services they provided.
Note: *Report previously circulated
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Budget Update 2026/27 To receive an update from the Deputy Chief Executive (S151) Officer on the Budget update 2026/27. Decision: The Cabinet had before it and NOTED a report * from the Deputy Chief Executive (S151) and the Head of Finance, Property and Climate Resilience on the draft Budget update on 2026/27.
Note: *Report previously circulated
Minutes: The Cabinet had before it and NOTED a report * from the Deputy Chief Executive (S151) and the Head of Finance, Property and Climate Resilience on the draft Budget update on 2026/27.
The Deputy Chief Executive (S151) outlined the contents of the report with particular reference to the following:
Discussion took place regards to:
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Access to Information- Exclusion of Press & Public Discussion with regard to item the next item, will require Cabinet 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 will 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 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.
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.
Decision:
It was RESOLVED that the meeting remain in Part 1.
Minutes: The Deputy Leader indicated that discussion with regard to the following item, may require the Cabinet 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 was required because consideration of this matter in public would disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972.
It was RESOLVED that the meeting remain in Part 1.
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Waste Depot Remodelling- Update To receive a report from the Deputy Chief Executive (S151) Officer on the progress update on the remodelling project at Carlu. Additional documents:
Minutes: The Cabinet had before it a report * from the Deputy Chief Executive (S151) on the progress update on the remodelling project at the Carlu Waste Depot, necessary to meet new Environment Agency permit regulations and requirements and enable the service to accommodate increased volumes of recycling and enable new collections to be trialled in 2026, future proofing the service.
The Cabinet Member for Housing, Assets & Property outlined the contents of the report with particular reference to the following:
RESOLVED that:
(Proposed by the Cllr J Lock and seconded by Cllr N Bradshaw)
Reason for Decision:
The EA published legal guidance that Waste and Recycling services needed to both abide to and meet for its collection services to be permitted and carried out. Recycling services that did not comply with this guidance may be disrupted |
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Notification of Key Decisions To note the contents of the Forward Plan. Decision: The Cabinet had before it, and NOTED, the Notification of Key Decisions.
Note: * Key Decisions Report previously circulated
Minutes: The Clerk identified the changes that had been made to the list since it was published with the agenda.
This included the following:
Note: * Key Decisions Report previously circulated.
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