Agenda and minutes

To receive any apologies for absence.

Apologies were received from:  Councillors: Mrs E M Andrews, L J Cruwys, S J Penny and A Wyer.

Members 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.

Honorary Alderman David Nation raised questions with regard to Items 11 (Reports) and 15 (Governance Working Group update) on the agenda stating that: You have before you this evening, minutes of the Scrutiny Committee, where they asked the Chairman of the Governance Working Group for an update on their work. I hope that you have seen the written replies since provided by Cllr Moore for which I thank him to the questions that I put at that meeting. To say that I am unimpressed by the replies would be an understatement but there is clearly no point in repeating those questions.

I am surprised that the Scrutiny Committee did not formally object that all 6 meetings of the Working Group had been held in secret with even some councillors being barred from them. I see that tonight you have another brief update from the Working Group Chair and I will go straight to the point with my question:

Will the Chair of the Governance Working Group confirm whether the option preferred by the Working Group to date would enable the full council to overturn a decision of the Cabinet if they did not agree with it? I know there are other concerns with people about your present system of governance but this is my primary concern.

If the Working Group and Council cannot devise a way of addressing it I know there will be thousands of residents in Mid Devon who will not be satisfied with the outcome.

Councillor Moore advised he would take the question at the relevant point in the agenda.

Mr Gerald Conyngham referring to Motion 564 stated that he lived in Crediton and last year I asked a question about welcoming more Syrian refugees to Mid Devon and the council responded favourably and agreed to take more when the programme restarted, showing their commitment to inclusivity as far as refugees are concerned.

Today I am here in relation to Motion 564 about equality, diversity and inclusivity across all sections of the community in Mid Devon (especially those who are less involved). I welcome this motion as do many of my fellow residents in Crediton.  By passing it, the Council will be making a public statement to show its commitment to engaging with these values. A lot of good work is already going on. This needs to be built on and developed since there are many areas where these values are not being fully implemented.   This is not just about issues of structure and governance but about underlying attitudes:- the way we respect and listen to each other,  and being  prepared to learn from each other, even those of a different political persuasion.

In the work I have been involved in as part of Crediton Neighbourhood Plan Steering Group, I have learned that people want a different form of politics in which,  whatever their background, their views are given due consideration and respect. This is especially important as we seek to involve people in the run up  ...  view the full minutes text for item 133.

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.

Councillor R L Stanley declared a disclosable pecuniary interest in the following items as a remunerated Director of 3 Rivers Developments Limited:

·         Item (9) – Cabinet Reports – 4 February 2021 – Minute 311 – Budget; Minute 312 (Capital Programme); 18 February 2021 – Minute 330 (Treasury Management Strategy) and Minute 331 (Capital Strategy)

He also stated that he would leave the meeting during those items and not take part in any debate or vote thereon.

Members to consider whether to approve the minutes as a correct record of the meeting held on 6 January 2021.

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 January 2010 were agreed as a correct record.

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

The Vice Chairman indicated that he would be chairing the meeting in the absence of the Chairman who was unable to be in attendance.

To receive any petitions from members of the public.

There were no petitions presented.

(1)          Motion 564 – (Councillors Miss E Wainwright and Miss J Norton

The following motion (1-3 and 5-7) had been referred to the Standards Committee for consideration and report

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.

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 Standards Committee at its meeting on 3 February 2021 considered the Motion and following discussion RECOMMENDED to Council

a)    Motion 564 (1-3 and 5-7) be supported; and

b)    In addition, that point (3) of the motion should include members and officers and the review should include all Council conventions and that in relation to point (5) the Equality Forum and the Community Policy Development Group should be consulted as a whole and not just the Chairs.

(2)          Motion 566 – (Councillors: G Barnell and S J Clist – 17 December 2020)

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

This Council agrees to commission, as a matter of urgency, a plan based on evidence of local housing need for the delivery of affordable rented and social rented housing across Mid Devon. This plan should make best use of the Government's Affordable Housing programme 2021/26 and be presented to Council by June 2021.

The Cabinet at its meeting on 4 February 2021 considered the Motion and following discussion RECOMMENDED to Council that Motion 566 not be supported as the timeline proposed within the motion was not achievable, there were already strands of work taking place with a planned programme already set out.

(3)  MOTION 568  - (COUNCILLOR A WILCE –  ...  view the full agenda text for item 138.

(1)          Motion 564 – (Councillors Miss E Wainwright and Miss J Norton)

The following motion (1-3 and 5-7) had been referred to the Standards Committee for consideration and report

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.

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 Standards Committee at its meeting on 3 February 2021 considered the Motion and following discussion RECOMMENDED to Council

a)    Motion 564 (1-3 and 5-7) be supported; and

b)    In addition, that point (3) of the motion should include members and officers and the review should include all Council conventions and that in relation to point (5) the Equality Forum and the Community Policy Development Group should be consulted as a whole and not just the Chairs.

In accordance with Procedure Rule 16.5, Councillor Miss E Wainwright sought consent of the Council (which was agreed) to amend her motion to read:

This Council affirms its role in helping to create an equal and inclusive society for all, and recognises that sexism, racism, bigotry, discrimination, intolerance and bad behaviours in any form play no part in this. This Council also acknowledges that language is a powerful tool for change, inclusion and inspiration, as well as a cause of ignorance and damaged relationships -- it should be used thoughtfully and respectfully, and language and behaviour should be challenged where it is not respectful or conducive to good outcomes for the Council and its residents.

In order that the Council can play its part locally in building a more understanding and inclusive society, it resolves:

1. To review  ...  view the full minutes text for item 138.

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

(1)  Cabinet

-       7 January 2021

-       4 February 2021

-       18 February 2021 – to follow

The Leader presented the report of the meeting of the Cabinet held on 7 January 2021

1.    Use of CCTV Policy and Guidance (Minute 284)

The Leader MOVED seconded by Councillor C R Slade:

THAT the recommendations of the Cabinet as set out in Minute 284 be ADOPTED.

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

Reason for the Decision – as this was a new policy, it must be agreed by Council and added to the Policy Framework.

The Leader presented the report of the meeting of the Cabinet held on 4 February 2021

(1)  Tax Base Calculation (Minute 308)

The Leader MOVED seconded by Councillor B A Moore:

THAT the recommendations of the Cabinet as set out in Minute 308 be ADOPTED (subject to a correction to the number of properties to read 28,594,38).

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

Reason for the Decision – Mid Devon District Council is a Statutory Billing Authority and must set its Council Tax each year

(2)  National Non-Domestic Rates (Minute 309)

The Leader MOVED seconded by Councillor B A Moore:

THAT the recommendations of the Cabinet as set out in Minute 309 be ADOPTED.

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

Reason for the Decision – This is a statutory function and is a legal requirement.  The Council must set its budget annually on the tax base and the NNDR1 projected values.

(3)  Budget  (Minute 311)

(a)  The Leader MOVED seconded by Councillor B A Moore:

THAT the recommendations of the Cabinet as set out in Minute 311 (1, 3, 5, 6 and 7) be ADOPTED.

The Council had before it questions* referring to Minute 311 submitted by Councillor a Wilce in accordance with Procedure Rule 13.2, together with  a response the Cabinet Member for Planning and Economic Regeneration.

Councillor Wilce in accordance with Procedure Rule 13.7 asked a supplementary question: he had received a response from the Cabinet Member for Planning and Economic Regeneration but would like a response from the Cabinet Member for Finance.  The Cabinet Member for Finance stated that he would provide a written response.

Consideration was given to:

·         How the budget had been considered previously by the Policy Development Groups, the Cabinet and the Scrutiny Committee

·         Concern with regard to the budget gap in the future and the need for a strategic discussion to take place which involved the taxpayer

·         The use of the temporary transfer from the New Homes Bonus earmarked reserve

·         Concerns with regard to the cutting of grants

·         The use of reserves and the impact of the pandemic on financial matters

The Chairman MOVED in accordance with Procedure Rule 19.7:

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

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

Those voting FOR the MOTION: Councillors: G Barnell, E J Berry, W Burke, J Cairney, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, R M Deed, R J Dolley, J M Downes, C J Eginton, R Evans, Mrs S Griggs, T G Hughes, D J Knowles, F W Letch, B A Moore, D F Pugsley, R F Radford, C Slade, Mrs M E Squires, L D Taylor, Miss E Wainwright, B G J Warren, A Wilce and Mrs N Woollatt.

Those voting AGAINST the MOTION: Councillors:  ...  view the full minutes text for item 140.

The Leader presented the report of the meeting of the Cabinet held on 18 February 2021.

(1)  Treasury Management Strategy and Annual Investment Strategy (Minute 330)

The Leader MOVED, seconded by Councillor B A Moore:

THAT the recommendation of the Cabinet as set out in Minute 330 be ADOPTED.

Consideration was given to:

·         The borrowing and lending figures outlined within the report

·         The risks associated with lending to 3 Rivers Developments Limited and whether a request be made to the Audit Committee for further examination of risk associated with the lending of funds.

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

Reason for Decision – there is a need for the Council to approve the Treasury Management Strategy and Annual Investment Strategy for 2021/22 in line with CIPFA guidance

Note: Councillor R L Stanley had declared a disclosable pecuniary interest as he was a remunerated Director of 3 Rivers Development Limited and left the meeting for the debate and the vote thereon.

(2)  Capital Strategy (Minute 331)

The Leader MOVED, seconded by Councillor B A Moore:

THAT the recommendation of the Cabinet as set out in Minute 331 be ADOPTED.

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

Reason for Decision – there is a need for the Council to approve the Capital Strategy.

Notes: Councillor R L Stanley had declared a disclosable pecuniary interest as he was a remunerated Director of 3 Rivers Development Limited and remained out the meeting for the debate and the vote thereon.

To consider a report of the Deputy Chief Executive (S151) setting out the formal Council Tax Resolution for 2021/22.

The Chairman MOVED,

“THAT the Council Tax for 2021/22 be increased by 2.39% being £213.84 (in accordance with the revised referendum limit ability of 2% or £5 per Band D property)”

With regard to the draft Council Tax resolution in respect of the year 2021/22:

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:  E J Berry, W Burke, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, R M Deed, C J Eginton, R Evans, Mrs S Griggs, D J Knowles, B A Moore, D F Pugsley, R F Radford, C R Slade, Mrs M E Squires, R L Stanley, Miss E Wainwright, B G J Warren, A Wilce and Mrs N Woollatt.

Those voting AGAINST the MOTION:  Councillors: G Barnell, S J Clist, L D Taylor and A White.

Those ABSTAINING from voting: Councillors: J Cairney, R J Dolley, J M Downes, B Holdman, F W Letch, and Miss J Norton.

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

RESOLVED that the recommendations within the report be approved.

Reason for Decision - there is a need for the Council to set the Council Tax for 2021/22

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

-            18 January 2021

-            15 February 2021 – to follow

3)    Audit Committee

-      26 January 2021         

4)    Environment Policy Development Group

-            12 January 2021

5)    Homes Policy Development Group

-            19 January 2021

6)   Economy Policy Development Group

-             14 January 2021

7)    Community Policy Development Group

-            26 January 2021

8)    Planning Committee

-            13 January 2021

-            10 February 2021

9)   Standards Committee

-         3 February 2021

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 18 January 2021.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 18 February 2021.

In the absence of the Chairman and Vice Chairman of the Audit Committee Councillor A White presented the report of the meeting of the Committee held on 26 January 2021.

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 12 January 2021.

The Chairman of the Homes Policy Development Group presented the report of the meeting held on 19 January 2021.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 14 January 2021.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 26 January 2021.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 13 January 2021.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 10 February 2021.

The Chairman of the Standards Committee presented the report of the meeting of the Committee held on 3 February 2021.

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 Council had before it and NOTED a * report of the Operations Manager for Performance, Governance and Data Security providing members with an update on performance against the Corporate Plan and local service targets for 202/21.

The Leader outlined the contents of the report highlighting the following headlines:

·         Climate Change – he reported on the receipt of granting funding for the decarbonisation programme.

·         The number of new council homes had not been as many as hoped

·         The economy and the impact of the pandemic on the rate of income

·         Community – through Government grants, the substantial programme of grant payments to individuals and local businesses

·         Corporate – the review of the Local Plan, the 100% responses for FOI requests within due dates and the fact that the collection rates for Council Tax and Business rates were down due to the pandemic

Consideration was given to the lack of information within the report on social rented housing.

The Leader then drew attention to the sterling work of all officers during the pandemic, many of whom went unrecognised and who had delivered in unique circumstances and in unprecedented conditions.  He then highlighted the following:

·         Dean Emery and team for all the grant payments to business

·         Christine Bennett for her valued welfare support during the pandemic

·         John Bodley-Scott for his work with regard to the shielding hub

·         Jeremy Pritchard for his work during the pandemic with regard to track, trace and testing and the work taking place with Devon County Council and Public Health

·         Tim Powell for his work on corporate projects and for securing grant funding for the decarbonisation of corporate assets

·         Helen Duke for her work with regard to the apprenticeship scheme and the recent award presented to the Council

·         Simon Newcombe for his recent qualification

·         The Member Services Team for their support for remote meetings and the additional work that this has meant.

He added that the Council’s work over the last year had been dramatically different to the previous year but that the Council had continued to support the people of Mid Devon.

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

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 that period

To receive and consider a paper from the Chairman of the Working Group

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

Councillor B A Moore outlined the contents of the paper highlighting the work that had taken place to date and the work that was due to take place at the next meeting which included obtaining a consensus among members for a way forward

He addressed the question raised in public question time stating that he was disappointed that Honorary Alderman Nation had not been impressed with his responses to questions raised at the Scrutiny Committee on 15 February.  The working group had considered with other council bodies how to override the decisions of the Cabinet but that would be unlawful.  Consideration was being given to improving the Cabinet system and that guidance was awaited on a solution.  The focus should be on attitude, behaviour and approach, rather than the fundamental approach of governance.

Consideration was given to:

·         The ability for all members to attend the next meeting of the working group

·         Public perception of how the work of the working group had taken place

·         Whether sufficient external consultation had taken place

·         The membership of the working group

·         The concept of overview and scrutiny committees rather than policy development groups and whether that would address the concerns raised

·         Whether further engagement with members was required before consideration of any recommendation

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

Cabinet Members will answer questions from Members on their Portfolios.

Councillor Wilce addressing the Leader stated that earlier in the evening the Leader had addressed the Single Equalities Scheme as if it was something extraordinary that had taken place, was he aware that the Single Equalities Scheme only set out what the legal obligations of the council were and that  more could be done.

The Leader responded stating that 9 separate pieces of legislation had been reviewed and that he did take the point that within Motion 564 there were things that we need to sign up to.  As far as Mid Devon was concerned, he was very keen to know if and when members did not keep to the spirit of all of that legislation and that he would wish to know if any member was treated badly by members of the public and that they would bring that to the attention of the appropriate authorities.

Councillor White addressing the Leader stated that in light of many Cabinet members having signed a petition against 3 weekly waste collection could he confirm whether 3 weekly bin collections would take place?

The Leader responded stating that discussion would take place and that decisions would be made.

Councillor White addressing the Cabinet Member for Finance asked about the unpalatable decisions that would need to be made for future budget setting and would he be able to tell the Council what those were.

The Cabinet Member stated that any discussions and decisions would have to be handled carefully and that he felt it inappropriate to discuss this at this point.

Councillor Barnell addressing the Cabinet Member for Finance asked what were his plans for a strategic discussion on future budgets and how would he engage with the taxpayer.

The Cabinet Member responded by stating that work had already started to take place and consideration was taking place with regard to different approaches to the budget and a proposal for a way forward would be presented to members.

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 Dolley raised the following issues:

·         A new retail outlet would be opening in Tiverton the following day

·         The Sustainable Hub for Tiverton and where it would be based.