Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors: Mrs A R Berry, L G J Kennedy, Mrs M E Squires, N A Way and R Wright.

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

There were no questions from members of the public present.

Councillors are reminded of the requirement to declare any interest, including the type of interest, and the reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest.

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

The following Members declared interests:

Members to consider whether to approve the minutes as a correct record of the meeting held on 19 December 2018.

The Council is reminded that only those Members present at the previous meeting should vote and, in doing so, should be influenced only by seeking to ensure that the minutes are an accurate record.

The minutes of the meeting held on 19 December 2018 were agreed as a correct record and signed by the Chairman.

To receive any announcements which the Chairman of the Council may wish to make.

The Chairman informed the meeting that he had attended the following events:

·         The awards ceremony at Petroc

·         The reopening of the Lords Meadow Leisure facilities

·         He had chaired the State of the District debate  which he felt had been a successful event

·         Teignbridge District Council Civic Service

·         The Tiverton Army Cadet Drill Hall where he had witnessed an award being presented to the team and wished his congratulations to be recorded.

To receive any petitions from members of the public.

There were no petitions from members of the public.

(1)          Motion 533 (Councillor R B Evans – 13 February 2019)

The Council has before it a MOTION submitted for the first time:

Background

Members are aware that a number of planning applications need to go to Planning Committee for consideration; these applications have an array of detail and associated information for members to consider along with an officer recommendation and report.

Within this suite of reports there is often a detail on affordable housing and the section 106 agreement outlining jointly agreed contributions that will be applied to the build should the application be successful, these agreements are evidently part of the detail members are asked to consider and naturally will assist members in making their informed decision .

It has become apparent that after approval has been received, it is not uncommon for developers/ applicants to seek to alter such agreements retrospectively via negotiations with officers, common reasons sited are funding/ budget related.

This motion is sought to be applied to any planning application that has been considered by the planning committee and evidently agreed where a retrospective application to alter the affordable housing or the section 106 agreement is then received.

Proposed motion

Any planning application that is approved by Committee giving specific affordable housing provision and or a detailed section 106 agreement as part of the information for members to consider that subsequently receives any application to  alter all or part of these agreements must be referred to the relevant ward member/s for their consideration and input.

Should both the officer dealing and the ward member/s agree to the changes these can be allowed to form the new affordable housing agreement and or section 106 agreements.

Should the ward member/s and officer dealing fail to agree on the proposed changes or cannot negotiate agreeable alternatives then the application to change the affordable housing and or section 106 agreement should be referred back to the committee for their consideration and agreement / disagreement .

In accordance with Procedure Rule 14.4, the Chairman of the Council has decided that this Motion (if moved and seconded) will be referred without discussion to the Planning Committee.

(1)          Motion 533 (Councillor R B Evans – 13 February 2019)

The Council has before it a MOTION submitted for the first time:

Background

Members are aware that a number of planning applications need to go to Planning Committee for consideration; these applications have an array of detail and associated information for members to consider along with an officer recommendation and report.

Within this suite of reports there is often a detail on affordable housing and the section 106 agreement outlining jointly agreed contributions that will be applied to the build should the application be successful, these agreements are evidently part of the detail members are asked to consider and naturally will assist members in making their informed decision .

It has become apparent that after approval has been received, it is not uncommon for developers/ applicants to seek to alter such agreements retrospectively via negotiations with officers, common reasons cited are funding/ budget related.

This motion is sought to be applied to any planning application that has been considered by the planning committee and evidently agreed where a retrospective application to alter the affordable housing or the section 106 agreement is then received.

Proposed motion

Any planning application that is approved by Committee giving specific affordable housing provision and or a detailed section 106 agreement as part of the information for members to consider that subsequently receives any application to  alter all or part of these agreements must be referred to the relevant ward member/s for their consideration and input.

Should both the officer dealing and the ward member/s agree to the changes these can be allowed to form the new affordable housing agreement and or section 106 agreements.

Should the ward member/s and officer dealing fail to agree on the proposed changes or cannot negotiate agreeable alternatives then the application to change the affordable housing and or section 106 agreement should be referred back to the committee for their consideration and agreement / disagreement .

The MOTION was MOVED by Councillor R B Evans and seconded by Councillor R J Dolley.

In accordance with Procedure Rule 14.4, the Chairman of the Council ruled that the MOTION STAND REFERRED to the Planning Committee for consideration and report.

To receive and consider reports, minutes and recommendations of the meetings held as follows:

(1)  Cabinet

-       3 January 2019

-       31 January 2019

-       7  February 2019

The Leader presented the report of the meeting of the Cabinet held on 3 January 2019

1.    Tax Base Calculation  (Min 120)

The Leader MOVED seconded by Councillor P H D Hare-Scott:

THAT the recommendations of the Cabinet as set out in Minute 120 be ADOPTED.

Upon a vote being taking, the MOTION was declared to have been CARRIED.

Notes: 

i)             Councillors R J Chesterton and C J Eginton declared personal interests  in Minutes 121 and 122 as through their positions in the Council, they sat on the Governance Board for the Culm Garden Village;

ii)            Councillor K I Busch requested that his abstention from voting be recorded.

The Leader presented the report of the meeting of the special meeting of the Cabinet held on 31 January 2019.

Notes:

i)             Councillor Mrs E M Andrews addressed the Council with regard to Minute 131, Cullompton Town Centre Relief Road Route.  The Cabinet Member for Planning and Regeneration responded;

ii)            Councillor Mrs N Woollatt drew attention to the Devon County Council Cabinet meeting due to take place in March;

iii)          Councillor Mrs Andrews declared a personal interest in Minute 131 as she was Vice Chairman of the CCA and a member of one of the Garden Village stakeholder groups;

iv)          Councillor Mrs N Woollatt declared a personal interest in Minute 131 as she lived nearby to 2 of the proposed routes for the relief road and close to Station Road.

The Leader presented the report of the meeting of the Committee held on 7 February 2019.

(1)   Unauthorised Encampment Procedure for Managing or Enforcing Unauthorised Encampments  (Minute 143)

The Leader MOVED, seconded by Councillor R L Stanley:

THAT the recommendation of the Cabinet as set out in Minute 143 be ADOPTED.

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

(2)       National Non Domestic Rates (Minute 145)

The Leader MOVED, seconded by Councillor P H D Hare-Scott:

THAT the recommendation of the Cabinet as set out in Minute 145 (a) – (c) be ADOPTED.

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

(3)       Budget (Minute 146)

The Leader MOVED, seconded by Councillor P H D Hare-Scott:

THAT the recommendation of the Cabinet as set out in Minute 146 (a) – (h) be ADOPTED.

The Chairman MOVED in accordance with Procedure Rule 19.7:

“THAT the vote in respect of this MOTION shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting FOR the MOTION: Councillors Mrs H Bainbridge, Mrs J B Binks, A Bush, K I Busch, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, R M Deed, Mrs G Doe, R J Dolley, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, T G Hughes, Mrs B M Hull, D J Knowles, F W Letch, B A Moore, R F  Radford, F J Rosamond C R Slade, Mrs E J Slade, J D Squire, R L Stanley and Mrs N Woollatt.

Those ABSTAINING from voting: Councillors:  Mrs E M Andrews, J M Downes, T W Snow and L D Taylor.

The MOTION was declared to have been CARRIED.

Note:  The Leader and the Cabinet Member for Finance praised the finance team for their work with the budget.

(4)   Capital Programme (Minute 147)

The Leader MOVED, seconded by Councillor P H D Hare-Scott:

THAT the recommendation of the Cabinet as set out in Minute 147 (a) – (b) be ADOPTED.

The Chairman MOVED in accordance with Procedure Rule 19.7:

“THAT the vote in respect of this MOTION shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting FOR the MOTION: Councillors:  Mrs H Bainbridge, Mrs J B Binks, A Bush, K I Busch, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, R M Deed, Mrs G Doe, R J Dolley, J M Downes, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, T G Hughes, Mrs B M Hull, D J Knowles, F W Letch, B A Moore, R F  Radford,  ...  view the full minutes text for item 123.

To consider a report of the Deputy Chief Executive (S151) setting out the formal Council Tax Resolution for 2019/20.

The Chairman MOVED,

“THAT the Council Tax for 2019/20 be increased by 2.996% being £203.84 (in accordance with the revised referendum limit ability of 3% or £5 per Band D property)”

With regard to the draft Council Tax resolution in respect of the year 2019/20:

The Chairman MOVED the resolutions to confirm the requirement from the Collection Account for the year 2019/20.

The Chairman then MOVED in accordance with Procedure Rule 19.7:

“THAT the vote in respect of this item shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting FOR the MOTION: Councillors: Mrs E M Andrews,  Mrs H Bainbridge, Mrs J B Binks, A Bush, K I Busch, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, R M Deed, Mrs G Doe, R J Dolley, J M Downes, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, T G Hughes, Mrs B M Hull, D J Knowles, F W Letch, B A Moore, R F  Radford, F J Rosamond C R Slade, Mrs E J Slade, T W Snow, J D Squire, R L Stanley, L D Taylor and Mrs N Woollatt.

The MOTION was declared to have been CARRIED and it was accordingly:-

RESOLVED that the recommendations within the report be approved.

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

To receive and consider the reports, minutes and recommendations of the meetings as follows:

2)    Scrutiny Committee

-            14 January 2019

-            18 February 2019 – to follow

3)    Audit Committee

-      22 January 2019          

4)    Environment Policy Development Group

-            8 January 2019

5)    Homes Policy Development Group

-            15 January 2019

6)   Economy Policy Development Group

-             10 January 2019

-              29 January 2019

7)    Community Policy Development Group

-            22 January 2019

8)    Planning Committee

-            9 January 2019

-            6 February 2018

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 14 January 2019.

The Council had before it questions referring to Minute 120 submitted by Councillor Mrs N Woollatt in accordance with Procedure Rule 13.2, together with a response from the Deputy Chief Executive (S151).

Councillor Mrs N Woollatt made the following statement following responses to her questions:  she understood that mistakes could happen, she was surprised that she had been given an incorrect answer with regard to question 2 and with regard to question 3, the decision maker was given incorrect information which had not been amended on the decision form and that the correct information could have been added to the Monitoring Officer’s report at agenda item 11.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 18 February 2019.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 22January 2019.

(1)   Financial Regulations Review (Minute 60)

The Chairman of the Audit Committee MOVED, seconded by Councillor P H D Hare-Scott:

THAT the recommendation of the Committee as set out in Minute 60 be ADOPTED.

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

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 8 January 2019.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Group held on 15 January 2019.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 10 January 2019.

The Chairman of the Economy Policy Development Group presented the report of the special meeting of the Group held on 29 January 2019.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 22 January 2019.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 9 January 2019.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 6 February 2019.

To consider a report of the Leader (and Monitoring Officer) regarding decisions taken under Rule 16 (of the Constitution) Special Urgency – October to December 2018.

The Council had before it and NOTED a * report of the Leader (and Monitoring Officer) reporting special urgency decisions taken in the preceding quarter.

The Chairman informed the meeting that one urgent decision had been made.

Consideration was given to:

·         the timing of the report and the delay in reporting a decision that was made  the day before the previous meeting of the Council. 

·         Whether the decision form contained all of the correct information

·         Concerns regarding the borrowing arrangements

·         Why the decision was urgent

·         The risk of such an arrangement

·         The due diligence tests that were taking place and if the decision moved away from the principle agreed then another decision would be required.

Note: * Report previously circulated, copy attached to minutes

To deal with any questions raised pursuant to Procedure Rule 13 not already dealt with during the relevant Committee reports.

There were no questions submitted under Procedure Rule 13.2 that had not been previously answered.

To receive a report of the Group Manager for Legal Services and Monitoring Officer informing Members of recommendations from the review undertaken by the Independent Remuneration Panel to set a Scheme of Allowances from 1 April 2019 until 31 March 2020.

The Council had before it a * report of the Group Manager for Legal Services and Monitoring Officer informing Members of a review undertaken by the Independent Remuneration Panel and their recommendations.

The Chairman MOVED, THAT:

a)    That the Basic Allowance to be paid to all Councillors remains at the current level of £5011.91 p.a. with any increases being linked to the staff pay award.

b)    That Special Responsibility Allowances be paid to the following Members at the unchanged levels indicated below:

c)    To confirm that no Member should be entitled to claim more than one Special Responsibility Allowance.

d)    Carers’ allowances be calculated on the current basis namely, the actual expenditure up to the national living wage of a person over 25.

e)    That travel allowances be linked to HMRC rates and calculated at the national levels indicated, currently:

o    45p per mile for the first 10,000 miles

o    25p per mile thereafter

o    5p per mile per passenger carried (up to a maximum of 4 passengers payable to the driver)

o    25p per mile for pushbikes

o    24p per mile for motorcycles

                 NB: To be increased in line with HMRC rates from 1 April 2019 once known.

f)     That the subsistence allowances be linked to those of the staff, currently these are as follows:

o   Breakfast - £7.50           

o   Lunch - £10.35                                      

o   Tea - £4.07                     

o   Dinner - £12.80 

                 NB: To be increased in line with HMRC rates from 1 April 2019 once known.

g)  That all claims for travel and subsistence reimbursement be accompanied by an appropriate receipt.

h)   That an annual digital allowance of £150 continued to be paid to Members using digital devices only.

i)     That Members of the Authority are not entitled to pensions and therefore neither the basic allowance nor SRA be treated as an allowance in respect of which pensions are payable.

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

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

Cabinet Members will answer questions from Members on their portfolios.

Councillor F W Letch addressing the Leader asked if any consultation had taken place in the 3 main towns with regard to the new weed spraying venture.  He was not aware that Crediton had been asked and that weed spraying could only take place for 10 weeks in the year, what would the team be doing for the other 42 weeks and would there be a timetable of work?  The Town Council already had a contract in place to deal with weed spraying in Crediton which had been precepted for.

The Leader responded stating that no consultation had taken place as issues had arisen in Tiverton and Cullompton since Devon County Council had stopped spraying weeds, it was therefore felt that the District Council should provide the service, if the Crediton area did not wish to use the service, then the Group Manager for Street Scene and Open Spaces should be informed.  With regard to the other 42 weeks when the weeds could not be sprayed then they would be addressed manually; There was a programme of works and he urged individual towns and parishes to identify areas of concern and inform the Group Manager for Street Scene and Open Spaces.  He would also ask the officer to contact Town and Parish Councils.

Councillor L Taylor again addressing the Leader asked about weed issues in the small towns and associated parishes.  Bradninch arranged for its own spraying, could all town and parish councils be advised of the service?

The Leader stated that he would pass on the request.

Councillor F J Rosamond addressing the Cabinet Member for Housing stated that the Chief Executive was speaking at a conference where the Housing Minister would be present, had the Cabinet Member had the opportunity to meet with the Minister yet?

The Cabinet Member stated that he would be attending the conference however; he still wished to meet with  the Minister on a one to one basis.

The Chairman indicated that he would take item 17 as the next item of business.

To receive any statements made and notice of future questions by Members.

Note:  the time allowed for this item is limited to 15 minutes.

Councillor F J Rosamond stated that a senior officer from Devon County Council would be attending the next meeting of the Scrutiny Committee to answer questions with regard to broadband issues.  If Members had any questions then could they be passed to Member Services.

Councillor R J Dolley welcomed the 5 houses for rent in the Westexe Area, he stated that this highlighted the issues at Palmerston Park, could he please have some answers to his questions about the costs?

Councillor K I Busch informed the meeting of the work that he had been doing in the past 2 years and the ventures he had been involved in.

Councillor Mrs N Woollatt responded stating that she was pleased to see her fellow Ward Member and commended him on the work that he had been doing, however this was not in his role as a Ward Member and that her casework had increased since his absence.

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 Council 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 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 6 respectively of Part 1 of Schedule 12A of the Act, namely – information which reveals that the authority proposes –

a)    To give under any enactment a notice under or by virtue of which requirement are imposed on a person; or

b)    To make an order or direction under any enactment

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 6 respectively of Part 1 of Schedule 12A of the Act, namely information which reveals that the authority proposes –

a)    To give under any enactment a notice under or by virtue of which requirement are imposed on a person; or

b)    To make an order or direction under any enactment

(Proposed by the Chairman)

To consider a report of the Monitoring Officer regarding a Parish Council.

The Council had before it a *report of the Returning Officer and Group Manager for Legal Services and Monitoring Officer regarding a Parish Council.

The Chairman MOVED that:

The recommendation within the report be approved.

Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.

Note: *Report previously circulated.