Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors: W J Daw, Mrs I Hill , R L Stanley and Mrs N Woollatt.

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

Miriam Hadocks from the Tiverton Tree Team stated: I have been very encouraged by the recent actions of this council and its wholehearted response towards the request to declare a climate emergency and to begin to take action on this declaration. By the development of the Devon Carbon Plan at county level and by the recent people’s assembly which more than 60 people attended and the 200 people who marched on the climate strike day all of whom supported a zero carbon Tiverton. Both the assembly and this council have emphasised the need and enthusiasm for extensive tree planting to combat climate change in this town, district and council area. I am encouraged by the emergence of Tiverton Tree Team a voluntary community group and part of ‘Sustainable Tiverton’ of which I am a part, and the large and enthusiastic response that has been received by them in their action to plant thousands of trees in the local area this winter from landowners, individuals, schools and community groups.

Today I am encouraged by Motion 559, brought by Councillor Bob Evans which states that ‘this council agrees to use any and all land within the ownership of the authority that is not suitable for development, for the planting of native British trees’ and also that ‘This council agrees to work alongside community groups and schools whenever possible to encourage community ownership and a sense of place and wellbeing within our communities’

Tiverton Tree team have received a donation of almost 1000 trees to be planted on public and community land and monetary donations to buy more. We have many volunteers to plant them and a vision to develop accessible community woodland, enriching the environment and encouraging local people and groups in planting and aftercare.

Time is of the essence in climate mitigation and we plan to start on National Tree Planting Day on 30^th November and continue beyond that date. This offers district residents and this council the opportunity to take immediate positive action on our joint aims. My question therefore is this, will this council act promptly and decisively on their commendable commitment to combatting climate change by taking this opportunity to talk and work with Tiverton Tree Team in the local community to make available enough land in Tiverton and surrounding area’s for publically accessible tree planting projects sufficient for at least 1000 trees or more this November and throughout the winter and will the council with its greater resources commit to donating more trees in addition to the 1000 already donated?

Emily Fitzherbert also from the Tiverton Tree Team stated my question is also related to the same motion about the council planting as many trees as possible on MDDC land. The motion states that land which is not suitable for development should be used for the planting of trees and I was wondering whether it would be possible to define that more precisely, how would you define not suitable for development because technically all land could  ...  view the full minutes text for item 70.

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 11 September 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 11 September 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 of the following events he had attended since the last meeting:

·         The opening of the council development at Turner Rise, Palmerston Park, Tiverton

·         The Tiverton Mayor’s Charity Dinner

·         The West Devon District Council Civic Service at Okehampton

·         The Lord Lieutenant’s Awards at Rockbeare Manor

·         The Volunteer Awards at County Hall

·         He had attend the Premier Inn’s staff team building day at the chapel in Tiverton Cemetery.

He also informed the meeting that he had received an email from Honorary Alderman AVM Attlee enquiring about Honorary Alderman nominations. He suggested that the Group Leaders meet with the Chief Executive to discuss this matter.

To receive any petitions from members of the public.

There were no petitions presented.

(1)          Motion 558 (Councillor J M Downes – 29 July 2019)

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

That this council should lobby government to bring forward a revised council tax scheme that seeks to encourage a system linked to emissions. The scheme should be able to vary council tax to overtly incentivise the construction of properties that can demonstrate high levels of sustainability and energy efficiency, while acting as a penalty for those that don't. Methods to encourage investment in retrofitting to existing properties should also be explored, given the largest proportion of housing emissions will come from existing housing stock rather than new build.

The Cabinet at its meeting on 17 October 2019 considered the Motion and following discussion, Councillor Downes in accordance with Procedure Rule 16.4, suggested that the Motion be amended to read:

That this council should lobby government to change the council tax scheme to one that seeks to encourage a system linked to emissions. The scheme should be able to vary council tax to overtly incentivise the construction of properties that can demonstrate high levels of sustainability and energy efficiency, while acting as a penalty for those that don't. Methods to encourage investment in retrofitting to existing properties should also be explored, given the largest proportion of housing emissions will come from existing housing stock rather than new build.

The Cabinet therefore recommended that the Motion (as amended) be supported.

(2)          Motion 559 (Councillor R B Evans – 22 October 2019)

It is well known that the planting of trees has an extremely positive effect in the fight against reducing carbon within the atmosphere, each trees sequestration process is known to benefit carbon reduction as each individual tree can absorb as much as 48 pounds of carbon dioxide per year and can sequester 1 ton of carbon dioxide by the time it reaches 40 years old. Given the above and the climate crisis declared by this council and its stated ambition to be carbon neutral by 2030 I ask that the following motion be supported by all members.

This council agrees to use any and all land within the ownership of the authority that is not suitable for development, for the planting of native British trees.

This council agrees to undertake an area wide audit with the assistance of members and land owners to identify suitable sites both within MDDC ownership and private ownership to maximise opportunities for such activity, to be completed within no more than twelve months from the date of this motion , if approved.

This council agrees to work alongside community groups and schools whenever possible to encourage community ownership and sense of place and wellbeing within our communities.

This council agrees that any and all opportunities should be sought to obtain trees from organisations such as government agencies and relevant charitable organisations.  (Woodland Trust, Plant Life, DEFRA / Forestry Commission seeking any funding that may be available).

In accordance with Procedure Rule 14.4,  ...  view the full agenda text for item 75.

(1)          Motion 558 (Councillor J M Downes – 29 July 2019)

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

That this council should lobby government to bring forward a revised council tax scheme that seeks to encourage a system linked to emissions. The scheme should be able to vary council tax to overtly incentivise the construction of properties that can demonstrate high levels of sustainability and energy efficiency, while acting as a penalty for those that don't. Methods to encourage investment in retrofitting to existing properties should also be explored, given the largest proportion of housing emissions will come from existing housing stock rather than new build.

The Cabinet at its meeting on 17 October 2019 considered the Motion and following discussion, Councillor Downes in accordance with Procedure Rule 16.4, suggested that the Motion be amended to read:

That this council should lobby government to change the council tax scheme to one that seeks to encourage a system linked to emissions. The scheme should be able to vary council tax to overtly incentivise the construction of properties that can demonstrate high levels of sustainability and energy efficiency, while acting as a penalty for those that don't. Methods to encourage investment in retrofitting to existing properties should also be explored, given the largest proportion of housing emissions will come from existing housing stock rather than new build.

The Cabinet therefore recommended that the Motion (as amended) be supported.

Following a lengthy discussion and upon a vote being taken, the MOTION (as amended) was declared to have FAILED.

(2)          Motion 559 (Councillor R B Evans – 22 October 2019)

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

It is well known that the planting of trees has an extremely positive effect in the fight against reducing carbon within the atmosphere, each trees sequestration process is known to benefit carbon reduction as each individual tree can absorb as much as 48 pounds of carbon dioxide per year and can sequester 1 ton of carbon dioxide by the time it reaches 40 years old. Given the above and the climate crisis declared by this council and its stated ambition to be carbon neutral by 2030 I ask that the following motion be supported by all members.

This council agrees to use any and all land within the ownership of the authority that is not suitable for development, for the planting of native British trees.

This council agrees to undertake an area wide audit with the assistance of members and land owners to identify suitable sites both within MDDC ownership and private ownership to maximise opportunities for such activity, to be completed within no more than twelve months from the date of this motion , if approved.

This council agrees to work alongside community groups and schools whenever possible to encourage community ownership and sense of place and wellbeing within our communities.

This council agrees that any and all opportunities should be sought to obtain  ...  view the full minutes text for item 75.

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

(1)         Cabinet

-              19 September 2019

-              17 October 2019

2)        Scrutiny Committee

-                 30 September 2019

-                  28 October 2019  - (to follow)

(3)       Audit Committee

-         8 October 2019

(4)       Environment Policy Development Group

-                24 September 2019

(5)       Homes Policy Development Group

-                1 October 2019

(6)       Economy Policy Development Group

-                 26 September 2019

(7)       Community Policy Development Group

-          8 October 2019

(8)       Planning Committee

-                18 September 2019

-                25 September 2019

-                     23 October 2019

(9)       Standards Committee

-                     9 October 2019

The Leader presented the report of the meeting of the Cabinet held on 19 September 2019.

The Leader presented the report of the meeting of the Cabinet held on 17 October 2019

1.    Heart of the South West Joint Committee Governance Update (Minute 71)

The Leader MOVED seconded by Councillor R B Evans:

THAT the recommendations of the Cabinet as set out in Minute 71 be ADOPTED.

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

2.    Treasury Management Strategy and Mid Year Review (Minute 74)

The Leader MOVED seconded by Councillor B A Moore:

THAT the recommendations of the Cabinet as set out in Minute 74 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 30 September 2019.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 28 October 2019.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 8 October 2019.

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 24 September 2019.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Group held on 1 October 2019.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 26 September 2019.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 8 October 2019.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 18 September 2019.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 25 September 2019.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 23 October 2019.

The Chairman of the Standards Committee presented the report of the meeting of the Committee held on 9 October 2019.

1.    Standards Working Group Report – Review of the January 2019 Report from the Committee on Standards for Public Life (Minute 18)

The Chairman of the Standards Committee MOVED seconded by Councillor C R Slade:

THAT the recommendations of the committee as set out in Minute 18 be ADOPTED.

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

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.

Decisions taken under Rule 16 (of the Constitution) Special Urgency – between July and September 2019.

There have been no such decisions in this period.

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

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

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 seeking approval of the recommended appointment to the Independent Remuneration Panel for Members’ Allowances in Mid Devon.

The Leader MOVED, seconded by Cllr R J Chesterton that: Mr Jeremy Filmer-Benner be appointed to the Independent Remuneration Panel until the Annual General Meeting in May 2023

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

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

To consider the appointment of an Independent Group Member to the GESP Member Reference Forum.

There was a need to seek a nomination to appoint an Independent Group Member to the GESP Reference Forum.

Councillor R M Deed MOVED, seconded by Councillor A Wilce that Councillor W Burke be appointed as the additional representative from the Independent Group to the GESP Member Reference Forum.

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

Cabinet Members will answer questions from Members on their Portfolios.

Addressing the Cabinet Member for Housing and Property Services, Councillor B A Moore speaking on behalf of Councillor R L Stanley stated that he understood that 5 of the active ‘Tenants Together’ had resigned on block and bearing in mind that the group took many years to establish, assisted in the early years by the current Leader, he asked the following questions:

·         This Council would be interested in hearing reasons for these resignations?

·         Bearing in mind that the Tenants Together acted as formal tenant consultee for all housing policies, what is in place to deal with the changed circumstances?

·         The Tenants Together was formed as a scrutiny group, during their time they researched and identified significant savings for the HRA, what is in hand to continue their processes

·         The Housing Improvement Board was established to review ‘value for money’ and performance against agreed budgets and targets.  It is worthy of note that Tenants Together, along with, in the early days other political representation were invited to attend this to ensure transparency, is it the intention to continue this monthly meeting and will invitations for other representatives be forthcoming?  If the intent is not to continue with the format, how is performance going to be reviewed?

The Cabinet Member voiced his total surprise and upset by the resignations, he was struggling to meet them individually as were officers in order to restructure the organisation which benefits this council greatly. He could not update the council anymore on that position apart from saying that things were ongoing and he was hoping to be able to give some positive news in time.

Councillor C J Eginton addressing all members of the Cabinet present and seeking individual answers stated that following decisions made on the Devon Climate Declaration at the full Council meeting in June 2019 could the members of the Cabinet give him a simple yes or no answer as to whether they supported Extinction Rebellion?

The Chairman ruled that members personal views on the issue were not relevant and therefore that the question need not be answered.

Councillor C J Eginton addressing the Cabinet Member for Finance referred to the leaflet focussed on the Taw Vale Ward when Councillor White was the District Council candidate for the Liberal Democrats in the 2015 elections standing against himself and a Green candidate. Under the heading “bin the garden tax”, it stated that the Tories want to charge £50 to have our garden waste collected and by voting for Alex White you can get a local voice opposed to the garden tax, furthermore it tells us that a petition would be presented to the Council, so my first question is that for a 240 L brown bin the cost is £49 for the current year, can you now accept that under the previous Conservative administration at no point has a £50 charge been levied?

The Cabinet Member responded stating that during the campaign Councillor Eginton had told him that he had been sold a pup  ...  view the full minutes text for item 93.

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

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

The Leader referred to the State of the District debate which he hoped would take place in the New Year, he invited members to submit possible topics for discussion.

Councillor F W Letch stated that he would like to thank Councillor Coren on behalf of Crediton Town Council and Crediton Hamlets for attending the Armistice Service on Monday 11 November.