Agenda, decisions and draft minutes

To receive any apologies for absence.

Apologies were received from Councillors: N Bradshaw (online)  and J Lock (online).

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

None received.

To record any interests on agenda matters.

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 2 September 2025.

The minutes of the previous meeting held on 2 September 2025 were APPROVED as a correct record and SIGNED by the Leader.

The minutes of the previous meeting held on 2 September 2025 were APPROVED as a correct record and SIGNED by the Leader.

To receive a report from the Deputy Chief Executive (S151) Officer and the Head of Finance, Property and Climate Resilience on the Draft Budget Report 2026/27.

The Cabinet had before it a report * from the Deputy Chief Executive (S151) Officer and the Head of Finance, Property and Climate Resilience on the draft Budget 2026/27.

The Leader of the Council moved an AMENDMENT that ‘and Amber’ be removed from recommendation 1,2,3 and 4 and recommendation 5 be deferred to the next Cabinet meeting.

Upon a vote being taken the AMENDMENT was declared to have been CARRIED.

RESOLVED that:

1. The Green pressures on the General Fund within Appendix 1 be AGREED.
2. The Green savings options for the General Fund for services reporting directly into the Cabinet, as shown within Appendix 2 be AGREED.
3. The Green savings options for the General Fund for services reporting into the five Policy Development Groups Cabinet within Appendix 3, taking into account the recommendations from the Policy Development Groups as noted in paragraph 2.11 be AGREED.
4. The Green savings options for the Housing Revenue Account within Appendix 4, taking into account the recommendations from the Homes Policy Development Group as noted in paragraph 2.11 be AGREED.

5. The pressures / savings options with a Red risk/deliverability rating within Appendices 1 – 4 and if any should be included within the 2026/27 Budget; was AGREED to be deferred to the next meeting of the Cabinet.
6. Any additional suggestions to balance the remaining shortfall for both the General Fund and Housing Revenue Account and any further savings identified by the Policy Development Groups and recommended back to Cabinet for approval, be considered.

Note: *Report previously circulated

The Cabinet had before it a report * from the Deputy Chief Executive (S151) Officer and the Head of Finance, Property and Climate Resilience on the draft Budget 2026/27.

The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:

• The report provided an update on the development of the 2026/27 Budget. A funding shortfall of £1m to £3m was projected due to significant uncertainty around future government funding. Unfortunately, no further clarity had been provided, and the delay in the Autumn Budget meant the funding settlement was now expected just before Christmas.
• Despite the uncertainty, the Council agreed to proceed with the budget process using four main principles. Budget options had been developed in collaboration with senior managers and were presented in the following appendices:

Ø  Appendix 1: Avoidable budget pressures.

Ø  Appendix 2: Savings from services reporting to Cabinet.

Ø  Appendix 3: Savings from services under Policy Development Groups (PDGs).

Ø  Appendix 4: Savings for the Housing Revenue Account.

• It was recommended that Green and Amber savings options be approved (including “stretched” income increases), although these only offset new pressures and did not reduce the overall shortfall.
• Additional work would still be required to fully balance the 2026/27 budget.

Discussion took place with regard to:

• Members would appreciate that all budget options would require political support and therefore if some suggestions were deemed unacceptable then other savings would need to be proposed.
• The National Government funding changes had significantly impacted the rural areas as the Government were supporting more urban areas.
• The appreciation of the work that had been taken by officers and from the Policy Development Groups in regard to the draft budget.
• If the Green and Amber pressures were accepted by Cabinet this evening there would still be pressures on the budget.
• Any delay in implementing the Amber pressures, particularly the ones that related to revenue streams like ‘parking’ could delay those benefits coming into the Council.
• Did the Council know the current e-billing take-up rate and what level would the Council need to reach to deliver the £25k saving target? It was explained that the current Council Tax e-billing was at the figure of 6,441 that was 15.71% of the Council base. The Business Rates was at the figure of 657 that was 18.77% of the Council base. This Council was the highest in e-billing within Devon.
• How were the Council safeguarding residents who could not switch to e-billing due to digital exclusion? It was explained the Council were looking at different ways that customers could set up e-billing.
• Were there under-used areas in Phoenix House, and what actions were being taken to ensure opportunities for letting or partnerships were not lost?  It was confirmed that the Council did have space, however the Housing Revenue Account Team from Old Road had been allocated that space.
• Whether contracts that were agreed, pre the Local Government Reorganisation restructuring, would carry over and what  ...  view the full minutes text for item 49.

To receive a report from the Corporate Performance and Improvement Manager to provide a quarterly update against the Corporate Plan 2024-28 and service performance measures for Quarter 1.

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

Note: *Report previously circulated

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

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

• The Quarter 1 Performance Report presented performance information relating up to June 2025. The report and the accompanying dashboards were structured according to the five themes of the Corporate Plan.
• The dashboards contained 100 performance measures on how services were performing across the Council, and those indicators that were part of the Corporate Plan were highlighted in yellow text.
• Section 2 of the covering report provided performance analysis on a theme-by-theme basis, with a focus on the Corporate Plan performance indicators.
• The Performance Dashboards had also been reviewed by the relevant Policy Development Groups (PDG).

Reason for Decision:

There were no direct financial implications arising from this report. However, if performance was not at the expected or desired level then resources may need to be reviewed or redirected to improve performance. These Dashboards presented performance, finance, and risk information together to enable simultaneous consideration of these related aspects. 

Note: *Report previously circulated

To receive a report from the Corporate Performance and Improvement Manager to provide a quarterly update regarding the Corporate Risk register.

Cabinet had before it and NOTED a report * from the Corporate Performance and Improvement Manager and the Head of People, Performance & Waste on the Corporate Risk.

Note: *Report previously circulated

Cabinet had before it and NOTED a report * from the Corporate Performance and Improvement Manager and the Head of People, Performance & Waste on the Corporate Risk.

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

• The report presented the Council’s current corporate risks with an updated position following the most recent review period. These were the risks which had been identified that were most likely to impact the Council meeting its objectives.
• The report was produced quarterly and presented for comment and feedback.
• Paragraph 2.1 of the report presented a summary table of the 17 corporate risks that the Council was currently managing.
• A risk matrix or heat map was presented at Appendix 1 showing the relative position of the corporate risks.
• Appendix 2 of the report provided further details for each risk in a standard template.
• Any significant changes to the Risk Register since it was last reported to the Cabinet were listed in the covering report, at paragraph 2.3.

Reason for Decision:

There were no direct financial implications arising from this report. However, risks which were not mitigated, may have financial implications for the Council. Equally, the treatment of risk may require resources to be (re)allocated.

Note: *Report previously circulated

To receive a report from the Head of People, Performance and Waste and the Environment and Enforcement Manager to authorise commencement of statutory procedures (including consultation) to vary by order the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 and to delegate authority to decide whether to make the order of variation after consultation has taken place.

Cabinet had before it a report * from the Head of People, Performance & Waste and Environment and Enforcement Manager recommending the commencement of statutory procedures (including consultation) to vary by order the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 and to delegate authority to decide whether to make the order of variation after consultation has taken place.

RESOLVED that:

1. On being satisfied that the statutory grounds for varying the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 (“the Dog Control PSPO”) were met, as detailed in the report, to allow officers to commence statutory consultation for the following:

2. The Dog Control PSPO be varied by including the prohibition that dogs were excluded from the area known as the recreation ground Silverton (as shown on the plan at Appendix 1). To grant Delegated Authority to the Director of Legal, People & Governance (Monitoring Officer) to draft the necessary order varying the Dog Control PSPO that could then go out to consultation.

3. Delegated authority be given to the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for Service Delivery and Continuous Improvement etc. to:

·         Consider the responses to the necessary consultation, publicity and notification

·         Decide whether to refer the matter back to Cabinet for a decision or to decide in the light of the responses received whether to make the Variation Order and to authorise the Director of Legal, People and Governance (Monitoring Officer) to seal the order

·         Authorise, if it is considered appropriate, the Director of Legal, People and Governance (Monitoring Officer) to make any minor amendments to the draft of the variation order prior to sealing the variation order.

4. A general delegation be made to the Cabinet Member for Service Delivery and Continuous Improvement to decide any further future variations to the Dog Control PSPO proposed by the Operations Manager for Street Scene and Open Spaces following the necessary statutory consultation, publicity and notification requirements for future PSPOs.
5. Delegation be given to the Director of Legal, People and Governance (Monitoring Officer) to make orders of variation, following decisions from the Cabinet Member for Service Delivery and Continuous Improvement.

Notes:

(i)            *Report previously circulated

(ii)          Cllr J Wright declared a personal interest as he was a member of Silverton Parish Council. 

Cabinet had before it a report * from the Head of People, Performance & Waste and Environment and Enforcement Manager recommending the commencement of statutory procedures (including consultation) to vary by order the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 and to delegate authority to decide whether to make the order of variation after consultation has taken place.

The Cabinet Member for Service Delivery and Continuous Improvement outlined the contents of the report with particular reference to the following: 

• To recommend granting a general delegation to the Cabinet Member for Service Delivery and Continuous Improvement for all other future variations of the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024.

RESOLVED that:

1. On being satisfied that the statutory grounds for varying the Mid Devon (Public Spaces Protection) (Dog Control) Order 2024 (“the Dog Control PSPO”) were met, as detailed in the report, to allow officers to commence statutory consultation for the following:

2. The Dog Control PSPO be varied by including the prohibition that dogs were excluded from the area known as the recreation ground Silverton (as shown on the plan at Appendix 1). To grant Delegated Authority to the Director of Legal, People & Governance (Monitoring Officer) to draft the necessary order varying the Dog Control PSPO that could then go out to consultation.

3. Delegated authority be given to the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for Service Delivery and Continuous Improvement etc. to:

·       Consider the responses to the necessary consultation, publicity and notification

·       Decide whether to refer the matter back to Cabinet for a decision or to decide in the light of the responses received whether to make the Variation Order and to authorise the Director of Legal, People and Governance (Monitoring Officer) to seal the order

·       Authorise, if it is considered appropriate, the Director of Legal, People and Governance (Monitoring Officer) to make any minor amendments to the draft of the variation order prior to sealing the variation order.

4. A general delegation be made to the Cabinet Member for Service Delivery and Continuous Improvement to decide any further future variations to the Dog Control PSPO proposed by the Operations Manager for Street Scene and Open Spaces following the necessary statutory consultation, publicity and notification requirements for future PSPOs.
5. Delegation be given to the Director of Legal, People and Governance (Monitoring Officer) to make orders of variation, following decisions from the Cabinet Member for Service Delivery and Continuous Improvement.

(Proposed by Cllr J Wright and seconded by Cllr D Wulff)

Reason for Decision:

To strengthen community safety and enable enforcement of the relevant issues.

Notes:

(i)              *Report previously circulated

(ii)             Cllr J Wright declared a personal interest as he was a member of Silverton Parish Council. 

To receive a report from the Head of People, Performance and Waste and the Environment and Enforcement Manager that it considers issuing a Public Spaces Protection Order under the powers given to the Council by the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle anti-social behaviour associated with public consumption of alcohol in Crediton Town Centre.

Cabinet had before it a report * from the Head of People, Performance & Waste and Environment and Enforcement Manager recommending the approval of a Public Spaces Protection Order (PSPO) in order to tackle anti-social behaviour associated with the public consumption of alcohol in Crediton Town Centre.

RESOLVED that:

1. On being satisfied that the statutory grounds for making the Crediton Order were met, authorisation be given to the Operations Manager for Street Scene and Open Spaces to carry out the necessary statutory consultation, publicity and notification for the proposed Crediton Order.

2. Delegated authority be granted to the Director of Legal, People & Governance (Monitoring Officer) to draft the Crediton Order to go out to consultation.

3. Delegated authority be given to the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for Service Delivery and Continuous Improvement, to then:

·         Consider the responses to the necessary consultation, publicity and notification

·         Decide, in light of the responses received to the consultation, whether to not proceed with the order if there were numerous material objections, or to authorise the Director of Legal, People and Governance (Monitoring Officer) to seal the order.

·         To authorise the Director of Legal, People and Governance (Monitoring Officer) to make any minor amendments to the draft of the Crediton Order prior to sealing.

Note:

(i)            *Report previously circulated.

(ii)          Cllr J Downes declared a personal interest as he was a member of Crediton Town Council and residing in Crediton.

Cabinet had before it a report * from the Head of People, Performance & Waste and Environment and Enforcement Manager recommending the approval of a Public Spaces Protection Order (PSPO) in order to tackle anti-social behaviour associated with the public consumption of alcohol in Crediton Town Centre.

The Cabinet Member for Service Delivery and Continuous Improvement outlined the contents of the report with particular reference to the following: 

• To consider issuing a Public Spaces Protection Order under the powers given to the Council by the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle anti-social behaviour associated with public consumption of alcohol in Crediton Town Centre.
• The proposed Public Spaces Protection Order (the “Crediton Order”), could be found at Appendix 1 of the report, prohibiting the consumption of alcohol in areas located in Crediton Town Centre as highlighted in the plan at Appendix 2.

Discussion took place with regards to:

• Would there be a sufficient number of Police to patrol this area, had there been any success in other towns and whether it had been beneficial? It was explained that this was a request from the Police and the Neighbourhood Team and there was a restricted alcohol PSPO in the Taunton area.

·       Were the concerns that had been highlighted around people that were leaving the pubs or those that were drinking on the street? It was explained that the PSPO was in regard to daytime drinking in the area that was then causing a nuisance to the residents.

·       Clarification around the concerns in the particular areas; were they due to socialising with drinks as some of the facilities were used responsibly?

·       Would introducing a PSPO with regards to this issue actually work in practice? There was evidence from other areas where similar orders have been put in place by authorities (including Taunton and Exeter) that the measures could be effective.  

RESOLVED that:

1. On being satisfied that the statutory grounds for making the Crediton Order were met, authorisation be given to the Operations Manager for Street Scene and Open Spaces to carry out the necessary statutory consultation, publicity and notification for the proposed Crediton Order.

2. Delegated authority be granted to the Director of Legal, People & Governance (Monitoring Officer) to draft the Crediton Order to go out to consultation.

3. Delegated authority be given to the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for Service Delivery and Continuous Improvement, to then:

·       Consider the responses to the necessary consultation, publicity and notification

·       Decide, in light of the responses received to the consultation, whether to not proceed with the order if there were numerous material objections, or to authorise the Director of Legal, People and Governance (Monitoring Officer) to seal the order.

·       To authorise the Director of Legal, People and Governance (Monitoring Officer) to make any minor amendments to the draft of the Crediton Order prior to sealing.

(Proposed by Cllr J Wright and seconded by Cllr J Downes)

Reason for Decision:

To strengthen community safety and enable enforcement  ...  view the full minutes text for item 53.

To receive a report from the Head of People, Performance and Waste and the Operations Manager for Street Scene and Open Spaces reviewing the progress made to date by Bin-It 123 and consider the key elements of the next strategic phase that are necessary to maximise recycling rates as well as increase resident engagement and support.

Cabinet had before it a report * from the Head of People, Performance & Waste and Operations Manager Street Scene and Open Spacesreviewing the progress made to date by Bin-It 123 and which considered the key elements of the next strategic phase that were necessary to maximise recycling rates as well as increase resident engagement and support.

RESOLVED that:

Following discussion at the Service Delivery and Continuous Improvement PDG on the 15 September 2025, Cabinet were asked to consider:

1. The strategy regarding the direction of travel for increasing resident awareness and participation with the Bin-It 123 schemes. This was APPROVED.

2. A request for an evidence-based paper from Officers on the impact of the potential additional recycling collections, including pilots of these collections, for review before consideration was given. This request was APPROVED.

Note: *Report previously circulated

Cabinet had before it a report * from the Head of People, Performance & Waste and Operations Manager Street Scene and Open Spacesreviewing the progress made to date by Bin-It 123 and which considered the key elements of the next strategic phase that were necessary to maximise recycling rates as well as increase resident engagement and support.

The Cabinet Member for Service Delivery and Continuous Improvement outlined the contents of the report with particular reference to the following: 

• Following the meeting of Cabinet in August 2025, where future collections of unused metal pots and pans were recommended for collection (and which were now in place), the report sets out the Councils current situation regarding Bin It 123 and the future plans regarding potential additional recycling streams to be introduced and added to the current portfolio.
• The particular focus was the strategy to help reinvigorate Bin-It 123 to help households nudge more of their residual waste into their recycling. A 7.3 kg shift in this direction per household per annum raised the Councils recycling rate by 1% and gave the Council considerable extra funding. Greater tailored communication which would encourage households to consider the contribution that could be made to the scheme, more robust enforcement complimented by effective education and meaningful engagement were all key components of the strategy.
• The service had also set out some of the future recycling collections the Council could consider implementing, including disposable nappies and the collection of soft plastics, which was a mandatory collection to be introduced no later than 1 April 2027.
• An evidence-based report would be brought back to provide further information on the practical implications of these additional streams for consideration. This would include pilots of the additional streams, and it was proposed to take the results of these through the Service Delivery and Continuous Improvement Policy Development Group (PDG) before it came back to Cabinet.

Discussion took place with regards to:

·       The trail and start date for recycling collections of disposable nappies? It was explained that a depot permit required amendments to allow disposable nappies to be collected in the recycling and the Council were waiting for a planning application before the end of the year in regard to this.

·       Soft plastics could be taken to supermarkets in the district, which was supported by the FlexCollect scheme - was the Council clear with the communications that would encourage residents to do this?

·       Could supermarkets make efficient space to support more recycling of soft plastics?

·       Could an audit be completed in regard to the amount that supermarkets were receiving? It was explained that FlexCollect had completed statistics from the last few years with Local Authorities and there was a link in the report with information and figures that the Council would take into consideration. 

·       The timeline for soft plastics collections at the kerbside. It was explained this was a mandatory requirement as of 1 April 2027, the Council would work with stakeholders and supermarkets.

·       When the Council are in a position to  ...  view the full minutes text for item 54.

To receive a report from the Head of Housing and Health on the Variation of Tenancy Agreement following on from Cabinet approval on 1^st April 2025 to commence statutory consultations with tenants under the Housing Act 1985 section 103 to vary the terms of our tenancy agreement this presents the results of the consultation and the final draft Tenancy Agreement for approval.

The Leader of the Council stated that the Variation of Tenancy Agreement would be deferred to the next meeting of the Cabinet.

The Leader of the Council stated that the Variation of Tenancy Agreement would be deferred to the next meeting of the Cabinet.

To receive a report from the Head of Housing and Health on the Mid Devon Housing (MDH) Mobility Scooter in Flats Policy setting out the conditions under which tenants and their visitors may use, store and charge mobility scooters and powered wheelchairs within Mid Devon Housing flats and communal areas.

Cabinet had before it a report * from the Head of Housing and Health setting out the proposed new policy in relation to mobility scooters in flats.

RESOLVED that:

Cabinet recommends to Council to adopt the Mobility Scooter in Flats Policy and Equality Impact Assessment contained in Annexes A and B respectively as recommended by the Homes Policy Development Group.

Note: *Report previously circulated

Cabinet had before it a report * from the Head of Housing and Health setting out the proposed new policy in relation to mobility scooters in flats.

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

• The policy had been supported by the Homes Policy Development Group (PDG) in September, this was a new safety-led policy. The introduction followed recent national guidance from the National Fire Chiefs Council and locally from Devon and Somerset Fire & Rescue Service regarding the fire risks associated with mobility scooters in blocks of flats.
• Until recently, MDH only had one block of flats with a single lift not in itself suited to traditional mobility scooters. However, with the acquisition of St Georges Court in Tiverton with its multiple, larger lifts and with the increased use of smaller, more portable scooters there was a requirement for this policy for the first time.
• Whilst the use of mobility scooters was recognised and the importance of these to enable many individuals to maintain independence and have an improved quality of life, it should be noted they were not medical devices but defined as leisure vehicles and as such, not prescribed by the NHS and did not meet recognised safety standards. They were also not included within any formal, tenant-specific ‘statement of needs’ for those with mobility restrictions as provided by qualified, independent occupational therapists who set out any property adaption requirements for the Council tenants as well as those in private sector housing. As such, mobility scooters and the provision of any infrastructure or charging facilities to accommodate these had not been included in the Housing Aids and Adaptions policy for many years.
• Furthermore, MDH had an overriding, priority statutory responsibility to uphold high standards of health and safety across its estates. In fulfilling this duty, Housing was required to ensure that the use of mobility vehicles within flats and communal areas complied with all relevant legal and safety requirements and guidance so that all tenants were protected from fire risk.
• These risks could arise not just from fires arising from batteries and charging but also from a potential blockage to the safe access and egress via communal areas in flats, especially in upper floor areas during an emergency.
• The new policy was consistent with the Council’s long-standing position on scooters and adapting the Council properties, MDH was committed to equality and inclusion and recognised the vital role these aids played in helping residents engage in daily activities and community life.
• A few Councils with housing stock and private housing associations had implemented equivalent policies in recent years and these were reviewed as part of the local policy development work.
• The policy therefore represented a careful balancing act that ensured tenants were safe whilst welfare needs were accommodated as far as possible.

Discussion took place with regards to:

• Discussions about E- Bike and E-Scooters? It was explained this was referenced within the report about the risk and the Council was  ...  view the full minutes text for item 56.

To receive a report from the Head of Finance, Property and Climate Resilience on the Play Area Inspection Policy to review the Councils management of play area risk assessment and safety inspections.

Cabinet had before it a report * from the Head of Finance, Property and Climate Resilience reviewing the Council’s management of play area risk assessment and safety.

RESOLVED that:

The continued approach for the inspection and risk assessment of the council’s play areas and that these were brought back for future review no later than 2028 as recommended by the Service Delivery and Continuous Improvement Policy Development Group be APPROVED.

Note: *Report previously circulated

Cabinet had before it a report * from the Head of Finance, Property and Climate Resilience reviewing the Council’s management of play area risk assessment and safety.

The Cabinet Member for Service Delivery and Continuous Improvement outlined the contents of the report with particular reference to the following: 

• The Council had a legal responsibility for the safety of those using its playgrounds. The report introduced the latest review of Play Area Inspections.
• This review was undertaken tri-annually and assessed whether the current regime of inspections remained appropriate in terms of frequency and quality for 78 play areas. The inspections were undertaken by a small team who also coordinated the necessary repair and replacement works. A small contribution towards this was received from Town and Parish Councils.
• The publication “Best Play” stated that play provision should aim to manage the balance between the need to offer an appropriate level of risk/adventure and the need to keep children safe from harm. As such an inspection regime based upon the potential level of risk for each play area – Appendix 1 gave an example of the risk assessment form and Appendix 2 listed the risk scores and inspection frequencies for each play area. The higher the risk score the greater the frequency of inspection.
• Currently, each play area received a monthly and an annual inspection as a minimum. The higher scoring sites received additional inspections up to a maximum of three per week. Inspections were classified as routine (basic safety check), operational (checking equipment works safely) and annual (checks integrity of structures).
• Following the review, it was recommended that the inspection regime remained appropriate and should be continued until 2028.

Discussion took place with regards to:

• Clarification around the score leading to the frequency of the need to visit as there could be a significant difference in the scoring.

RESOLVED that:

The continued approach for the inspection and risk assessment of the council’s play areas and that these were brought back for future review no later than 2028 as recommended by the Service Delivery and Continuous Improvement Policy Development Group be APPROVED.

(Proposed by Cllr J Wright and Seconded by Cllr G DuChesne)

Reason for Decision:

The Council must have an inspection and maintenance regime for its play areas as stated within the Health and Safety at Work Act 1974.

There is a potential cost of litigation and loss of reputation should the Council be found negligent with regards to inspection and maintenance of its play areas in the event of injury or death of a child or any other person.

Note: *Report previously circulated

To receive a report from the Head of Finance, Property and Climate Resilience on the Memorial Tree and Seat Policy to review a proposed Policy for Memorial Trees and seats on Council properties.  

Cabinet had before it a report * from the Head of Finance, Property and Climate Resilience reviewing a proposed new policy for Memorial Seats and Trees on Council property.

RESOLVED that:

To recommend to Full Council the adoption of the Memorial Benches and Memorial Tree Policy as recommended by the Service Delivery and Continuous Improvement Policy Development Group

Note: *Report previously circulated

Cabinet had before it a report * from the Head of Finance, Property and Climate Resilience reviewing a proposed new policy for Memorial Seats and Trees on Council property.

The Cabinet Member for Service Delivery and Continuous Improvement outlined the contents of the report with particular reference to the following: 

• From time to time the Council received requests to support the provision of memorial trees and seats on their land. There was currently no policy setting out how to deal with these enquires. This report proposed the adoption of a policy, formalising the current ad hoc approach. The policy was broadly in line with many of the surrounding authorities.
• The Council’s parks and open spaces were primarily places for recreation and not memorial gardens. However, there were suitable areas within the parks and cemeteries that could accommodate such requests and could add to the well-being for those involved. Therefore, where possible, a request should be considered positively.
• The trees and seats would need to reflect the specific surroundings to ensure that this would not detract from the current setting. The proposed policy included within Appendix 1 outlined the process, specific requirements and responsibilities and associated costs. All costs were to be met by the applicant.
• If approved, the policy would be reviewed in three years time.

Discussion took place with regards to:

• Was this policy closely aligned with the canal policy?
• The use of artificial / plastic flowers as memorial decorations? It was explained that if any type of flowers were to be used it would create an additional burden to dispose them.

RESOLVED that:

To recommend to Full Council the adoption of the Memorial Benches and Memorial Tree Policy as recommended by the Service Delivery and Continuous Improvement Policy Development Group

(Proposed by Cllr J Wright and Seconded by Cllr G DuChesne.)

Reason for Decision:

The provision of seats where the Council may not otherwise provide them may ameliorate the experience of those users with reduced mobility and enable greater confidence to use parks and cemeteries for recreation and reflection. Seats will be compliant with Disability Discrimination legislation requirements.

Note: *Report previously circulated

To note the contents of the Forward Plan.

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

Note: * Key Decisions Report previously circulated.

The Clerk identified the changes that had been made to the list since it was published with the agenda.

This included the following:

·         Carbon Footprint Report had been added to Novembers meeting.

·         Corporate Recovery Policy had moved from November to the meeting in April 2026.

·         Housing Strategy had moved from November to the meeting in April 2026.

 Note: * Key Decisions Report previously circulated.