Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors: J Cairney, L D Taylor, A White and A Wyer.

To note the protocol for remote meetings.

The protocol for remote meetings was NOTED.

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

Mrs Hill referring to Item 8 (Motion 564) on the agenda,  stated that, point 1 of the motion is well agreed with the majority of people, but we are increasingly living in a polarised society in which  both helpful and unhelpful conversations are taking place at this moment about societal issues and problems and it is encouraging that this motion speaks about inclusion, because if we were able to be really inclusive, we would not need to worry about such things like diversity, race, gender etc. However, this is a difficult thing to judge due to our own personal experiences, we all have unconscious biases and personal experiences which affect the way in which we respond to our fellow man and situations.

Businesses as do councils write policy documents which are designed to show that they care about such things such as discrimination and equality, however these are quite often put away and ignored until a time when they need to be updated or complaints are made and they need to be referred to. Policies are strategic documents which point in a particular direction, they are not working documents but explain how the direction will be achieved or are found to be wanting, to show the process of improvement or resolution and if they stray towards process they fail to stay strategic.

The work of the customer working party highlighted some of these issues and I can see easily how that piece of work dovetails into this motion. My question is this and it stems from my own experience of the council in the short time that I was a member, if this motion is passed, what is the intention; as an important direction pointer, how will it be implemented for the Council members, for officers, for workers and for residents?  Would the Council consider publishing an easily understood information bulletin that informs our customers of their rights with regard to this simple topic. So in simple language, I want to know how you will translate policy into procedure and into action; monitoring is yet another question. But I do believe that this motion goes some way to supporting a helpful way of separating and simplifying these 2 things, policy and procedure and enabling meaningful conversations to take place about some very emotive issues.

The Chairman indicated that answers would be provided during the debate on this item.

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 26 August 2020.

Members to consider whether to approve the minutes as a correct record of the extraordinary meeting held on 30 September 2020.

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 26 August 2020 were agreed as a correct record.

The minutes of the extraordinary meeting held on 30 September 2020 were agreed as a correct record. 

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

The Chairman stated that this would be the last meeting of the Council to be held in the current year and he wanted to thank everyone for their attendance and hard work. Attending virtual meetings did not come naturally to many members  and therefore he wished to thank the council for making it work during these difficult times.

To receive any petitions from members of the public.

No petitions had been presented.

(1)          Motion 564 (Councillors: Miss Wainwright and Miss J Norton – 15 October 2020)

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

Council resolves to:

1. Practice equality, fairness and inclusion, and to play its part in creating an equal society for all. There is no place for sexism, racism, bigotry, discrimination or intolerance of any form in our society.

2. Acknowledge that language is a powerful tool for change and inspiration, as well as ignorance, oppression and damaged relationships, and should be used thoughtfully and respectfully. Many people who do not have a voice in the public domain have to suffer the consequences of inaccurate or insulting language.

3. Review and, if needed, update member training, to equip all members with the language and tools needed to actively promote diversity and inclusivity.

4. Ask that the Chair of Scrutiny request a report detailing the options for how Mid Devon District Council can implement the relevant recommendations for Local Authorities (where not already in place) listed in the Fawcett Society/LGiU report: ‘Does Local Government Work for Women?’ (1). (The population of Mid Devon is around 80,600, and is 49% male and 51% female. This proportion is not reflected in the makeup of MDDC).

5. Ask that the Chairs of the Equality Forum and Community PDG identify and discuss approaches to reaching hard-to-reach communities in Mid Devon.

6. Show leadership by creating a diversity and inclusion strategy, and seek input from residents and local organisations that have expertise, to ensure the council is inclusive towards diverse and hard-to-reach communities in its recruitment, member representation and service provision. As part of this, review and update the MDDC equalities policy. 

7. Explore further opportunities to increase inclusivity, diversity and representation in Mid Devon District Council, including but not limited to amongst women, minority ethnic communities, young people, and carers.

(1)   The Fawcett Society and Local Government Information Unit report, ‘Does Local Government Work for Women?’ found that structural and cultural barriers hold back women’s participation in local government. The practices and protocols of local government create unnecessary barriers to participation particularly for women with caring responsibilities. https://www.fawcettsociety.org.uk/does-local-government-work-for-women-final-report-of-the-local-government-commission

In accordance with Procedure Rule 14.4, the Chairman of the Council has decided to allow this motion (if moved and seconded) to be dealt with at this meeting.

(1)          Motion 564 (Councillors: Miss Wainwright and Miss J Norton – 15 October 2020)

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

Council resolves to:

1. Practice equality, fairness and inclusion, and to play its part in creating an equal society for all. There is no place for sexism, racism, bigotry, discrimination or intolerance of any form in our society.

2. Acknowledge that language is a powerful tool for change and inspiration, as well as ignorance, oppression and damaged relationships, and should be used thoughtfully and respectfully. Many people who do not have a voice in the public domain have to suffer the consequences of inaccurate or insulting language.

3. Review and, if needed, update member training, to equip all members with the language and tools needed to actively promote diversity and inclusivity.

4. Ask that the Chair of Scrutiny request a report detailing the options for how Mid Devon District Council can implement the relevant recommendations for Local Authorities (where not already in place) listed in the Fawcett Society/LGiU report: ‘Does Local Government Work for Women?’ (1). (The population of Mid Devon is around 80,600, and is 49% male and 51% female. This proportion is not reflected in the makeup of MDDC).

5. Ask that the Chairs of the Equality Forum and Community PDG identify and discuss approaches to reaching hard-to-reach communities in Mid Devon.

6. Show leadership by creating a diversity and inclusion strategy, and seek input from residents and local organisations that have expertise, to ensure the council is inclusive towards diverse and hard-to-reach communities in its recruitment, member representation and service provision. As part of this, review and update the MDDC equalities policy. 

7. Explore further opportunities to increase inclusivity, diversity and representation in Mid Devon District Council, including but not limited to amongst women, minority ethnic communities, young people, and carers.

(1)   The Fawcett Society and Local Government Information Unit report, ‘Does Local Government Work for Women?’ found that structural and cultural barriers hold back women’s participation in local government. The practices and protocols of local government create unnecessary barriers to participation particularly for women with caring responsibilities. https://www.fawcettsociety.org.uk/does-local-government-work-for-women-final-report-of-the-local-government-commission

The MOTION was MOVED by Councillor Miss E Wainwright and seconded by Councillor Miss J Norton.

In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that  the matter be discussed at this meeting.

Following discussion: Councillor R B Evans MOVED seconded by Councillor C R Slade that in accordance with Procedure Rule 15.1(e) that Item 4 be referred to the Scrutiny Committee and Items 1, 2 3, 5, 6 and 7 be referred to the Standards Committee.

Upon a vote being taken, the referral of the Motion to other Committees was AGREED.

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

(1)          Cabinet

-          3 September 2020*

            * the recommendation in Minute 228  (Tiverton Eastern Urban Extension (Area B) Masterplan) will not be moved, and the papers which support it have not been included in the agenda – an explanation will be given.

-           1 October 2020

2)        Scrutiny Committee

-                 14 September 2020

-                  12 October 2020

(3)       Audit Committee

-          22 September 2020

(4)       Environment Policy Development Group

-                8 September 2020

-                19 October 2020 – to follow

(5)       Homes Policy Development Group

-                15 September 2020

(6)       Economy Policy Development Group

-                 10 September 2020

(7)       Community Policy Development Group

-                     22 September 2020

(8)       Joint  (Community, Environment and Homes Policy Development Group

-                     20 October 2020 – to follow

(9)       Planning Committee

-                9 September 2020

-                23 September 2020

-                7 October 2020

(10)      Licensing Committee

-                     15 October 2020

(11)     Regulatory Committee

-                     15 October 2020

The Leader presented the report of the meeting of the Cabinet held on 3 September 2020.

1. Tiverton Eastern Urban Extension (Area B) Masterplan (Minute 228)

This recommendation was NOT MOVED due to the need for additional work to take place within the masterplan.

The Leader presented the report of the meeting of the Cabinet held on 1 October.

1.    S106 Governance (Minute 239)

The Leader MOVED seconded by Councillor R J Chesterton:

THAT the recommendations of the Cabinet as set out in Minute 229 be ADOPTED.

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

Reason for the Decision - There remains a need to agree governance arrangement for S106 agreements even in light of likely legislative change which would require a further review. The arrangements set out in Appendix 1had been updated following consultation with Parish and Town Councils and input by the Planning Policy Advisory Group.

2.    Mid Devon District Council – Emergency Budget (Minute 241(d))

The Leader MOVED seconded by Councillor B A Moore:

THAT the recommendation of the Cabinet as set out in Minute 241(d) be ADOPTED.

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

Reason for Decision:  The Heritage Action Zone (HAZ) project relating to Cullompton (which spans the 4 years from 2020/21 to 2023/24) is expected to result in up to £270k expenditure in 2020/21. It can be noted that £130k is funded from external bodies with the balance coming from existing ear- marked reserves.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 14 September 2020.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 12 October 2020.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 22 September 2020.

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 8 September 2020.

The Chairman of the Environment Policy Development Group presented the report of the special meeting of the Group held on 19 October 2020.

The Chairman of the Homes Policy Development Group presented the report of the meeting held on 15 September 2020.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 10 September 2020.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 22 September 2020.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Joint PDG held on 20 October 2020.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 9 September 2020.

The Chairman of the Planning Committee presented the report of the special meeting of the Committee held on 23 September 2020.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 7 October 2020.

The Vice Chairman of the Licensing Committee presented the report of the meeting of the Committee held on 15 October 2020.

The Vice Chairman of the Regulatory Committee presented the report of the meeting of the Committee held on 15 October 2020.

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 – since the previous meeting.

There have been no such decisions in this period.

With regard to any decisions taken under Rule 16 (of the Constitution) Special Urgency taken since the last meeting. The Chairman informed the meeting that no such decisions had been taken in this period.

To receive and consider a briefing paper from the Chairman of the Governance Working Group. In particular, Members should note the request made on behalf of the Working Group for more time to undertake its review and may wish to resolve accordingly.

The Council had before it  and NOTED a *briefing paper from the Chairman of the Governance Working Group.

Councillor B A Moore outlined the contents of the paper explaining that he had taken over the chairmanship of the Group in mid September and that the group had moved forward with several actions.  An external information gathering session had been organised for the evening of 23 November.  Publicity would be forthcoming over the next few days.  Due to the poor response of the internal consultation an additional members workshop would be organised for the end of November/beginning of December to receive members views on the governance arrangements  and all members were encouraged to attend.

Due to the impact of the pandemic and consequential delays, the working group would not be able to report to Council by the end of December as previously requested and that it was likely that an extraordinary of Council would be required in the first quarter of 2021 to consider a report and recommendations from the working group.

Note *Briefing paper previously circulated, copy attached to minutes.

Following consideration of the revised allocation of seats reflecting the current membership of the Council at the previous meeting, it was agreed that the allocation of other bodies be brought to this meeting for further consideration.  Members will see that there are options, but are reminded that the primary consideration is one of political balance in accordance with the statutory duty.

The Council had before it a revised * allocation of seats (with options) for other bodies reflecting the current membership of the Council.

Councillor R B Evans  MOVED seconded by Councillor R M Deed  that Option (1) be approved .

Councillor Mrs N Woollatt MOVED AN AMENDMENT seconded by Councillor Miss E Wainwright that Option (3) be approved.

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

With Council confirming the following that:

Councillor D F Pugsley (subject to his agreement) would take a seat on the Development Delivery Advisory Group.

Notes: 

i)             Councillor D F Pugsley due to a loss of internet connection was unable to confirm whether he would agree to take the seat on the Development Delivery Advisory Group;

ii)            *Allocation of seats for other bodies previously circulated, copy attached to the minutes.

Cabinet Members will answer questions from Members on their Portfolios.

Councillor A Wilce addressing the Cabinet Member for the Environment asked: are you are aware that the expired Dog Control PSPO did not undergo any consultation or evidence gathering process to justify the need for such an Order, since it was a transitionary Order arising from the new ASB legislation and that therefore, it is necessary for this Council to carry out that work now, before issuing a new Order?

The underlying principle should be that dog controls are the least restrictive required to achieve a defined and measurable outcome. What are they for Mid Devon?

The Government itself, the LGA, and others have said that incidences of nuisance – as opposed to acts of disorder –  should be enforced by byelaws and not PSPOs. Where is the evidence of there being such a seriousanti-social behaviour issue as to warrant criminalising dog owners??

The Cabinet Member responded stating that the issue would be discussed at the cabinet meeting the following evening, he was only aware of the 2014 Order but would provide a written response to the member following the Cabinet meeting.

Councillor F W Letch addressing the Deputy Leader asked that with the Conservative Group holding 4 Cabinet seats, would the Conservative Group no longer be seen as the opposition?

The Deputy Leader replied stating that that the Cabinet still remained under the leadership of an independent Leader as agreed by Council in 2019.  The Conservative Group had 17 seats and were not the majority party.  Until they became the majority party they would remain the official opposition.

Councillor G Barnell addressing the Cabinet Member for Housing and Property Services/Deputy Leader asked the following:

1.     At Scrutiny Committee on 12^th October you were asked about the latest forecast for the losses anticipated on the St George’s site in Tiverton that is currently being built out by 3Rivers Developments Ltd. We were informed that the answer had been given at Cabinet on 1^st October. There was no answer given to this question at Cabinet on 1st October other than we should expect an answer at the following Scrutiny Committee. At tomorrow’s Cabinet meeting the ruling Conservative Group are proposing a further loan of taxpayers money of £1.4 million to 3Rivers. The Cabinet report on this subject claims that 3Rivers will break even by the financial year 2022/23. However the report provides only very sketchy financial evidence to support this claim. Please can the Deputy Leader tell members what are the forecast losses on the St George’s site?

2.     At Scrutiny Committee on 12^th October you stated that the expected completion date for the St George’s site in Tiverton had been moved back to 2022. Contractors started building on this site in early 2018. At Cabinet in September the Leader of the Council told us that the anticipated completion date for this site was December of this year. Why is there now an additional and very lengthy delay of up to two years in completing this development?  ...  view the full minutes text for item 101.

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 raised under this item.