Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors: P H D Hare-Scott, B A Moore and R F Radford.

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

Mr Philip Richardson from Bolham referring to the Operations Directorate Enforcement Policy and to litter and fly tipping stated that: I would like to commend Jason and his team who have been making improvements in and around Tiverton over recent months. However it cannot be ignored that fly-tipping and general littering is a significant problem. It must be a substantial cost to the Council to continually have to clean the same areas time and time again and there has to be a deterrent.

My wife and her friend clean up every week in the same place and I have some photographs that I would like to share with you.

I believe that unless signs are shown to the public that action will be taken in the form of cameras and that appropriate fines will be imposed by the Council, the element who will continue this behaviour will not change.

In conclusion, it is known that Plymouth Council have wardens going out in twos and do on the spot fines. Bristol Council have passed an undertaking to a private body with no cost to the Council, these are measures in my opinion that need investigating and action taken. I would like to ask the Council.to seriously consider some of these suggestions, if you start it we will keep an eye on it for you.

The Leader responded stating that it was good that Mr Richardson was impressed with the work of the officers and acknowledged that littering was a constant battle. Most people in Mid Devon behaved in a normal way but it was the minority who caused the problems. The enforcement officers did do on spot fines and the littering of cigarette butts was prevalent. It was good that Mrs Richardson and teams within the town offered help and he would try to ensure that the nuisance was eradicated.

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.

Members to consider whether to approve the minutes as a correct record of the meeting held on 27 February 2019.

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 27 February 2019 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 represented the Council at Exeter City Council, Plymouth City Council and Devon County Council’s Civic Services.

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 following Motion had been referred to the Planning Committee for consideration and report:

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 .

The Planning Committee at its meeting on 3 April considered the Motion and recommended that it be supported.

(2)          Motion 544 (Councillor R J Chesterton – 20 March 2019)

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

In light of recent press articles on the subject, this Council believes that

(i)            Parish and town councils should, in reply to any street naming proposal from a developer, be allowed to recommend to this Council that a street be named after an individual, including the living.

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 Community Policy Development Group.

(3)          Motion 555 (Councillor F W Letch – 8 April  2019)

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

Mel Stride MP recently said: “Central Devon has market towns with a wonderful variety of high street shops selling high-quality local produce and offering a range of services. Many  ...  view the full agenda text for item 149.

(1)          Motion 553 (Councillor R B Evans – 13 February 2019)

The following Motion had been referred to the Planning Committee for consideration and report:

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 .

The Planning Committee at its meeting on 3 April considered the Motion and recommended that it be supported.

Councillor Evans, in accordance with Procedure Rule 16.5 requested that his motion be amended to include the wording “and the Cabinet Member for Housing” after …”relevant Ward Members” in the last line of the first paragraph.

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

(2)          Motion 554 (Councillor R J Chesterton – 20 March 2019)

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

In light of recent press articles on the subject, this Council believes that

(i)            Parish and town councils should, in reply to any street naming proposal from a developer, be allowed to recommend to this Council that a street be named after an individual, including the living.

The MOTION was MOVED by Councillor R J Chesterton and seconded by Councillor C R Slade.

In accordance with Procedure Rule 14.4, the Chairman of the Council ruled that this  ...  view the full minutes text for item 149.

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

(1)          Cabinet

-              7 March 2019

-              4 April 2019

2)        Scrutiny Committee

-                 18 March 2019

-                  15 April 2019 (to follow)

(3)       Audit Committee

-         19 March 2019

(4)       Environment Policy Development Group

-                5 March 2019

(5)       Homes Policy Development Group

-                12 March 2019

(6)       Economy Policy Development Group

-                 14 March 2019

(7)       Community Policy Development Group

-           15 March 2019 – Joint Committee

-          19 March 2019

(8)       Planning Committee

-                6 March 2018

-                3 April 2019

-                17 April 2019 (to follow)

(9)       Licensing Committee

-                   1 March 2019

(10)     Regulatory Committee

-                   1 March 2019

The Leader presented the report of the meeting of the Cabinet held on 7 March 2019

1.    Supporting the formation of a South West Mutual Bank (Minute 167)

The Leader MOVED seconded by Councillor R J Chesterton:

THAT the recommendations of the Cabinet as set out in Minute 167 be ADOPTED.

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

The Leader presented the report of the meeting of the Cabinet held on 4 April 2019

1.    Operations Directorate Enforcement Policy (Minute 182)

The Leader MOVED seconded by Councillor C R Slade:

THAT the recommendations of the Cabinet as set out in Minute 182 be ADOPTED.

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

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

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 15 April 2019.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 19 March 2019.

The Vice Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 5 March 2019.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Group held on 12 March 2019.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 14 March 2019.

The Vice Chairman of the Community Policy Development Group presented the report of the joint meeting held on 15 March 2019.

The Vice Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 19 March 2019.

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

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 3 April 2019.

The Chairman of the Planning Committee presented the report of the special meeting of the Committee held on 17 April 2019.

The Chairman of the Licensing Committee presented the report of the meeting of the Committee held on 1 March 2019.

The Chairman of the Regulatory Committee presented the report of the meeting of the Committee held on 1 March 2019.

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

The Council had before it questions referring to Minutes 125 and 135 of the Council meeting held on 27^th February submitted by Councillor Mrs N Woollatt in accordance with Procedure Rule 13.2 together with a response from the Deputy Chief Executive (S151).  In accordance with Procedure Rule 13.7 Councillor Mrs Woollatt stated that there was such a thing as transparency and disclosure of the correct information. She asked the Council to be transparent and add a note to the decision which would highlight the inaccuracy.

The Council  also had before it questions referring to Minute 138 of the Council meeting held on 27^th February submitted by Councillor Mrs N Woollatt in accordance with Procedure Rule 13.2 together with a response from the Leader. 

Decisions taken under Rule 16 (of the Constitution) Special Urgency – January to March 2019.

There have been no such decisions in this period.

With regard to any decisions taken under Rule 16 (of the Constitution) Special Urgency – January to March 2019.

The Chairman informed the meeting that no such decisions had been taken in this period

To receive the Annual reports (attached) of the Audit Committee, Scrutiny Committee (to follow) and the four Policy Development Groups.

The Chairmen of the Audit Committee and the Scrutiny Committee and the Chairmen of the Environment, Homes, Community and Economy Policy Development Groups presented their Annual Reports* to the Council.

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

To consider a report of the Group Manager for Legal Services and Monitoring Officer seeking approval of the recommended appointment to the Independent Remuneration Panel for Members’ Allowances in Mid Devon.

The Council had before it a *report of the Group Manager for Legal Services and Monitoring Officer recommending appointments to the Independent Remuneration Panel for Members Allowances in Mid Devon.

The Chairman MOVED that:

(1)       Mr Paul Baker, Mrs Karen Stone and Mrs Marianne Hulland be appointed to the Independent Remuneration Panel until the Annual General Meeting in May 2023

(2)       The members of the Independent Remuneration Panel be paid travelling expenses for attendance at meetings of the Panel at the same rates as those paid to councillors and officers from time to time

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

Note: *Report previously circulated.

Cabinet Members will answer questions from Members on their Portfolios.

Councillor R M Deed addressing the Leader referred to the urgent decision taken on 18 December 2018, he explained that he had attended a meeting on 6 February 2019 and met with senior partners involved in the new Group Hub which the urgent decision  of lending £2.1m to the NHS referred to.  From this meeting it was clear that it was still unknown who the borrower would be, was it still the NHS?  He also understood that only £1.3m was identified as being required, what was the other £700k for?  If the Council have lent £2.1m, 5 months later we don’t know the truth of who the borrower is?

The Leader indicated that he had not been involved in any negotiation but would provide a written response to the councillor.

Councillor F W Letch addressing the Leader and referring to the question from Mr Richardson at the beginning of the meeting asked whether information could be provided with regard to the number of fines issued to those who had littered?

The Leader indicated that he would provide the information to the member.

Councillor N A Way addressing the Cabinet Member for Planning and Economic Regeneration stated that he had been approached by a family in Crediton who had moved onto a new development and that at the last minute the developer had chosen not to have the road adopted by the County Council and therefore wished to form a management company to manage it on the developer’s behalf where contributions from residents would be required.  Was this similar to other new developments in the district, as people were purchasing property and then finding out later that they were liable for the maintenance of the road.

The Cabinet Member requested that the member provide him with the details and he would look into the matter.

Councillor R M Deed referring to the same subject asked whether a bond would be entered into with the Highway Authority and therefore if the developer failed, the bank would have the bond to cover the highway issue.

The Group Manager for Legal Services and Monitoring Officer informed the meeting that the County Council dealt with highway matters, a S278 agreement dealt with adopted highways and a S38 agreement was used for internal estate roads, but the developer did not have to enter into an agreement with the County Council with regard to internal estate roads.

Councillor Mrs J B Binks addressing the Cabinet Member for Housing requested an update on the provision of Syrian refugees in Mid Devon.

The Cabinet Member stated that he would provide the information to the member.

Councillor F J Rosamond addressing the Cabinet Member for Housing asked whether he had had the opportunity to meet with the Housing Minister.

The Cabinet Member stated that he had yet to have a private meeting with the minister.

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

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

There was no Members business.

Members who have chosen not to be re-elected are invited to address the Council.

The Chairman thanked those Members not seeking re-election for their work and invited them to address the Council:

Councillors F J Rosamond, Mrs H Bainbridge, T W Snow, R Wright, N A Way and J D Squire addressed the Council and the Leader read a statement from Councillor P H D Hare-Scott.

The Council also remembered those Members who had passed away during the previous 13 months namely Councillors: Miss Clarissa Slade and Mrs Jenny Roach.