Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors: W J Daw, R J Dolley, Miss J Norton and A Wyer.

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

Jo Webber speaking with regard to item 6 on the agenda stated that she had a business in Tiverton for 26 years. She provided the following 5 concerns with regard to the increase in car parking charges in the multi storey car park:

• The British Independent Retailer Association recently drew up a 5 point plan to save the high street, included in this was ‘give free car parking in town centres to increase footfall’.
• The multi storey car park is the gateway to Tiverton. It is often the first point of contact with our town.
• We need to encourage longer dwell times so people stay longer, buy from more than one shop or business.
• Tiverton needs to encourage people to work in the town centre and the tourists to visit.
• Our success is your success. Thriving business means full car parks and good revenue for Mid Devon. Let Tiverton be known as a vibrant exciting town. It takes teamwork and you have the key to make our town successful or empty. Let’s do the right thing

My question is: Where did you base your facts on to support the proposed 200% increase on car parking charges for visitors in the multi storey?

Hon Alderman David Nation referring to the Governance item stated  that I would ask you please if you will bear in mind when you consider this item that those of us who are advocating a serious review at the very least if not some changes thereafter do not wish to decrease the efficiency of the Council or anything of that nature. We are concerned about democracy, that means different things to different people and democracy doesn’t come cheap, somebody once said. But the reality is that most of us would say that a system where major issues are discussed, a small number, probably no more than your current Cabinet of 7 can overrule the wishes of the majority of the Council of 42. That is clearly not democracy. It is that we would like you to consider, a thorough review of the possibilities. I may remind you that this Council was forced to adopt the constitution and the governance it has now by the Blair Government, a Labour Government, it was then a Conservative Government some years later which allowed councils to deviate from that requirement if they wished and a good many, mostly Conservative Councils, up and down the country have since changed from a Cabinet system to either a modified committee system or something close to it. I think what matters most to people who are concerned about some of the issues that have arisen in this Council in recent years is that you look very carefully indeed at what changes might be worth considering.

Patrick Collier referring to the Governance item stated he had a question about the debate which would be taking take place tonight about possible changes to the Governance of the Council. As I understand it the Council as I see here  ...  view the full minutes text for item 101.

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.

Councillor C J Eginton declared a personal interest with regard to Item 6 (Car Parking Petition) as he owned a business in Tiverton.

Councillors: A Wilce and Mrs N Woollatt declared personal interests in Item 8 (Governance recommendation) as they were both supporters of the Campaign for Local Democracy.

Members to consider whether to approve the minutes as a correct record of the meeting held on 6 November 2019.

Members to consider whether to approve the minutes as a correct record of the extraordinary meeting held on 4 December 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 6 November 2019 were agreed as a correct record and signed by the Chairman.

The minutes of the extraordinary meeting held on 4 December 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: he had attended  the Armistice Parade in Tiverton on Remembrance Sunday and had led the ceremony in Tiverton on 11 November, with the Vice Chairman attending the event in Cullompton and Councillor D R Coren attending the event in Crediton.  He had also attended various Christmas carol events during the Christmas period.

To receive any petitions from members of the public.

A petition with 2118 signatures referring to Car Parking Charges has been received, this will be presented to Council.  (Procedure Rule 12 applies)

Mrs Miller presented a petition with 2118 signatures to the Chairman of the Council and outlined the basis for the petition:

We the undersigned want the Mid Devon District Council to not impose excessive fees for local shoppers and workers who use the Multi Storey on a daily basis which may cause them to venture elsewhere and to not take away the free parking currently available at Westexe South and William Street.

In accordance with Procedure Rule 12.2, Mrs Miller addressed the Council raising the following issues: Westexe South car park had a quick turnaround and the free parking allowed people to pop to the shops and have a hair cut within the 30 minutes free parking allowed. Her business had business rates to deal with and rent to pay and that she was afraid that the Westexe part of the town would die.  She referred to the free parking available in Gold Street and how the shops benefitted from that, also that the multi-storey car park was used by shop owners and workers in the town and that the shops needed footfall and excessive car parking would not help that.

A debate then took place with the following issues arising:

·         The discussions that had taken place with the working group and the recommendations made to the Economy Policy Development Group

·         Whether the new charges were excessive and the impact on those who parked all day in the MSCP.

·         The 30 minutes free parking that was currently available at Westexe South and at William Street and the need to support local traders.

·         The need to encourage the purchase of permits which would reduce the costs.

·         The introduction of £1 for 5 hours in long stay car parks that had been put in place in 2011 and the increase to £2 per day which had also proved popular.

·         The impact of increased charges on the town and the need to listen to those who had signed the petition.

·         The need for a clear recommendation to the Cabinet

It was therefore RECOMMENDED to the Cabinet that the decision to increase parking charges in Tiverton specifically the Multi-Storey Car Park and the loss of 30 minutes free parking in Westexe South and William Street be reconsidered.

(Proposed by Councillor N V Davey and seconded by Councillor R J Chesterton).

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

Note:  Councillor C J Eginton declared a personal interest as he owned a business in Tiverton.

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

The following motion had been referred to the Environment Policy Development Group for consideration and report:

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).

The Policy Development Group at its meeting on 26 November 2019 considered the Motion and following discussion, Councillor R B Evans in accordance with Procedure Rule 16.4 agreed that the Motion be amended to read:

‘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 appropriate land within the ownership of the authority that is not suitable for development, for the planting of native British suitable 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  ...  view the full agenda text for item 106.

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

The following motion had been referred to the Environment Policy Development Group for consideration and report:

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).

The Policy Development Group at its meeting on 26 November 2019 considered the Motion and following discussion, Councillor R B Evans in accordance with Procedure Rule 16.4 agreed that the Motion be amended to read:

‘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 appropriate land within the ownership of the authority that is not suitable for development, for the planting of native British suitable 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  ...  view the full minutes text for item 106.

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

(1)         Cabinet

-              19 December 2019

2)        Scrutiny Committee

-                 2 December2019

-                  6 January 2020  - (to follow)

(3)       Audit Committee

-         10 December 2019

(4)       Environment Policy Development Group

-                26 November 2019

(5)       Homes Policy Development Group

-                3 December 2019

(6)       Economy Policy Development Group

-                 28 November 2019

(7)       Community Policy Development Group

-          10 December 2019

(8)       Planning Committee

-                20 November 2019

-                17 December 2019

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

1.    Governance Review (Minute 99)

The Leader MOVED seconded by Councillor G Barnell:

THAT the recommendations of the Cabinet as set out in Minute 99 be ADOPTED.

Consideration was given to:

·         The number of members on the working group

·         The timescales for the review

·         The amount of work and the time it would take to amend governance arrangements which would also require the constitution to be re-written and that there was a need to get on with the business of the council

·         The pressing need to address other important issues such as climate change

·         The cabinet system versus the committee system and which was the more democratic form of governance

·         Agreeing to a review would diminish the possibility of a referendum via a petition

·         The potential for alternative and modern governance

·         Whether the policy development groups provided inclusive decision-making and the different ways in which members could be heard

·         How the democratic process evolved and the positive benefits a review could bring

·         The informal nature of a working group meeting in private and the involvement of local stakeholders

Councillor F W Letch MOVED in accordance with Procedure Rule 19.4

‘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 E M Andrews, G Barnell, W Burke, J Cairney, S J Clist, L J Cruwys, R M Deed, J M Downes, Mrs S Griggs, Mrs I Hill, B Holdman, D J Knowles, F W Letch, E G Luxton, L D Taylor, Ms E Wainwright, B G J Warren, A White, A Wilce, Mrs N Woollatt and J Wright

Those voting AGAINST the MOTION: Councillors E J Berry, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, R B Evans, T G Hughes, B A Moore, S J Penny, D F Pugsley, R F Radford, C R Slade, Mrs M E Squires and R L Stanley.

The MOTION was declared to have been CARRIED.

Note: Councillors A Wilce and Mrs N Woollatt declared personal interests as supporters of The Campaign for Democracy.

2.    Schedule of Meetings (Minute 107)

The Leader MOVED seconded by Councillor B A Moore:

THAT the recommendations of the Cabinet as set out in Minute 107 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 2 December 2019.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 6 January 2020.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 10 December 2019.

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 26 November 2019.

Councillor D R Coren presented the report of the meeting of the Group held on 3 December 2019.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 28 November 2019.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 10 December 2019.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 20 November 2019.

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

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.

The Leader will address the Council.

The Leader addressed the Council stating that the Council was 7 months into the new administration. It had been his wish that a cross party Cabinet could have been formed and he still hoped that this would change. 

The Cabinet fully considered all reports that were put before them, this sometimes led to delays in decision-making as fresh views and value for money were considered.

The new Corporate Plan was almost ready.

There had been much discussion about the council’s subsidiary company 3 Rivers. This would be fully discussed at the Cabinet meeting on 13 February, all members were encouraged to attend as this may help to dispel some misunderstandings and perceptions.

To consider a report from the Group Manager for Legal Services and Monitoring Officer requesting the Council to appoint an additional Independent Person.

The Council had before it a *report of the Group Manager for Legal Services and Monitoring Officer recommending the appointment of an additional Independent Person.

The Leader MOVED, seconded by Councillor B A Moore  that:

a)     Mr Rob Jeanes be appointed as the Council’s second Independent Person for a term of 4 years to 1 January 2024; and

b)    Delegated authority be given to the Monitoring Officer to re-appoint Mr John Smith as an Independent Person from 14^th December 2020, should he be willing to continue in the role at that time, such appointment (if made) to be for a term of 4 years to 14 December 2024.

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

Note: *Report previously circulated.

To consider the appointment of an Armed Forces Champion for Mid Devon to represent the Council on the Devon Armed Forces Community Well-Being Partnership and other forums.

There was a need to seek a nomination for the appointment of an Armed Forces Champion for Mid Devon to represent the Council on the Devon Armed Forces Community Well-Being Partnership and other forums.

Councillor R B Evans MOVED, seconded by Councillor R J Chesterton that Councillor C R Slade be nominated.

Councillor Mrs N Woollatt MOVED, seconded by the Leader that Councillor D J Knowles be nominated.

Upon a vote being taken it was RESOLVED that Councillor D J Knowles be appointed as the Armed Forces Champion.

Cabinet Members will answer questions from Members on their Portfolios.

Councillor D F Pugsley addressing the Cabinet Member for Planning and Economic Regeneration asked what were his plans for the buffer zone between the Garden Village and Kentisbeare?

The Cabinet Member responded stating that no decision had been made and that no policy had been formed to date, workshops continued to take place with community groups, the Parish Council and local residents and he looked forward to working closely with Councillor Pugsley.

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 D R Coren raised two issues:

·         He complimented Councillor John Downes on his recent swim for charity, 1416 lengths of the swimming pool which equalled the 22 miles of the channel.

·         He informed the meeting of a recent incident where Councillor Stuart Penny had saved the life of a child who had been found choking.

The Council showed their appreciation to both members.