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Agenda and minutes

Venue: Phoenix Chambers, Phoenix House, Tiverton

Contact: Sally Gabriel  Member Services Manager

Link: audiorecording

Items
No. Item

114.

Apologies (00-08-03)

To receive any apologies for absence.

Minutes:

Apologies were received from Councillors: G Barnell, B Holdman, Miss J Norton Mrs N Woollatt and J Wright.

115.

Public Question Time (00-08-24)

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

 

Minutes:

There were no questions from members of the public present.

116.

Declarations of Interest under the Code of Conduct (00-08-42)

To record any interests on agenda matters.

 

Minutes:

Members were reminded of the need to declare any interests when appropriate.

 

117.

Minutes (00-08-54) pdf icon PDF 330 KB

To consider whether to approve the minutes as a correct record of the meeting held on 15 December 2021.

 

 

Minutes:

The minutes of the meeting held on 15 December 2021 were agreed as a correct record and signed by the Chairman.

 

 

118.

Chairman's Announcements (00-09-20)

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

 

Minutes:

The Chairman had the following announcements to make:

 

·         He had not attended any civic events since the previous meeting.

·         He paid tribute to Councillor Mrs Andrews who had recently resigned stating that she was well respected, well liked and would be missed.

 

119.

Petitions (00-10-46)

To receive any petitions from members of the public.

 

Minutes:

There were no petitions presented.

 

120.

Notices of Motions

1.            MOTION 578 (COUNCILLOR MRS E LLOYD – 9 FEBRUARY 2022)

 

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

 

Mid Devon District Council:

(i) recognises that the cost of living is going up for many people, including through an increase in the cost of energy, and that the Council has a role to play in supporting the current and future resilience of its communities;

 

(ii) acknowledges the efforts that this council is making to reduce greenhouse gas emissions and promote renewable energy;  

(iii) recognises that councils can play a central role in creating sustainable communities, particularly through the provision of locally generated renewable electricity;  

(iv) further recognises  

  • that very large financial setup and running costs involved in selling locally generated renewable electricity to local customers result in it being impossible for local renewable electricity generators to do so, 
  • that making these financial costs proportionate to the scale of a renewable electricity supplier’s operation would create significant opportunities for councils to be providers of locally generated renewable electricity directly to local people, businesses and organisations, and
  • that revenues received by councils that became local renewable electricity providers could be used to help fund local greenhouse gas emissions reduction measures and to help improve local services and facilities;

(v) accordingly resolves to support the Local Electricity Bill which, if made law, would make the setup and running costs of selling renewable electricity to local customers proportionate by establishing a Right to Local Supply; and

(vi) further resolves to  

  • inform the local media of this decision,
  • write to local MPs, asking them to support the Bill, and
  • write to the organisers of the campaign for the Bill, Power for People, (at 8 Delancey Passage, Camden, London NW1 7NN or info@powerforpeole.org.uk) expressing its support.

 

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

 

Minutes:

1.            MOTION 578 (COUNCILLOR MRS E LLOYD – 9 FEBRUARY 2022)

 

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

 

Mid Devon District Council:

(i) recognises that the cost of living is going up for many people, including through an increase in the cost of energy, and that the Council has a role to play in supporting the current and future resilience of its communities;

 

(ii) acknowledges the efforts that this council is making to reduce greenhouse gas emissions and promote renewable energy;  

(iii) recognises that councils can play a central role in creating sustainable communities, particularly through the provision of locally generated renewable electricity;  

(iv) further recognises  

  • that very large financial setup and running costs involved in selling locally generated renewable electricity to local customers result in it being impossible for local renewable electricity generators to do so, 
  • that making these financial costs proportionate to the scale of a renewable electricity supplier’s operation would create significant opportunities for councils to be providers of locally generated renewable electricity directly to local people, businesses and organisations, and
  • that revenues received by councils that became local renewable electricity providers could be used to help fund local greenhouse gas emissions reduction measures and to help improve local services and facilities;

(v) accordingly resolves to support the Local Electricity Bill which, if made law, would make the setup and running costs of selling renewable electricity to local customers proportionate by establishing a Right to Local Supply; and

(vi) further resolves to  

  • inform the local media of this decision,
  • write to local MPs, asking them to support the Bill, and
  • write to the organisers of the campaign for the Bill, Power for People, (at 8 Delancey Passage, Camden, London NW1 7NN or info@powerforpeole.org.uk) expressing its support.

The MOTION was MOVED by Councillor Mrs E Lloyd and seconded by Councillor B G J Warren

 

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

 

Consideration was given to:

 

·         How the Council could support the community and other Local Authorities to generate and sell energy locally

·         A report would be coming to the Environment Policy Development Group in March  regarding the electrical distribution network capacity for increased renewable energy

 

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

 

 

 

121.

Cabinet - Report of the meeting held on 4 January 2022 (00-15-42) pdf icon PDF 347 KB

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

 

(1)  Cabinet

-       4 January 2022

-       1 February 2022

 

Additional documents:

Minutes:

The Leader presented the report of the meeting of the Cabinet held on 4 January 2022

 

1.    The Cullompton Conservation Area Management Plan (Minute 121)

 

The Leader MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendations of the Cabinet as set out in Minute 121 be ADOPTED.

 

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

 

Reason for the Decision – there is a need for the Conservation Area Management Plan to be adopted

 

2.    Tax Base Calculation (Minute 123)

 

The Leader MOVED seconded by Councillor B A Moore:

 

THAT the recommendations of the Cabinet as set out in Minute 123 be ADOPTED.

 

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

122.

Cabinet - Report of the meeting held on 1 February 2022 (00-18-40)

Minutes:

The Leader presented the report of the meeting of the Cabinet held on 1 February 2022

 

(1)  National Non-Domestic Rates (Minute 141)

 

The Leader MOVED seconded by Councillor B A Moore:

 

THAT the recommendations of the Cabinet as set out in Minute 141 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.

 

(2)  Capital Strategy  (Minute 143)

 

The Leader MOVED, seconded by Councillor B A Moore:

 

THAT the recommendation of the Cabinet as set out in Minute 143 be ADOPTED.

 

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

 

Reason for Decision – The strategy sets out the use of capital for priorities within the Corporate Plan

 

(3)  Treasury Management Strategy  (Minute 144)

 

The Leader MOVED, seconded by Councillor B A Moore:

 

THAT the recommendation of the Cabinet as set out in Minute 144 be ADOPTED.

 

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

 

Reason for Decision – Council approves the Treasury Management Strategy in line with CIPFA guidance

 

(4)  Capital Programme (Minute 145)

 

The Leader MOVED seconded by Councillor D J Knowles:

 

THAT the recommendation of the Cabinet as set out in Minute 145 be ADOPTED.

 

The Chairman MOVED in accordance with Procedure Rule 19.7:

 

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: J Bartlett, 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 B Evans, Mrs S Griggs, P J Heal, D J Knowles, B A Moore, S Pugh, D F Pugsley, R F Radford, C R Slade, Mrs E J Slade, Mrs M E Squires and R L Stanley.

 

Those voting AGAINST the MOTION: Councillors: L J Cruwys, F W Letch, Mrs E Lloyd, L D Taylor, A Wilce and A Wyer.

 

Those ABSTAINING from voting: Councillors:  J Cairney, S J Clist, R J Dolley, J M Downes, S J Penny, B G J Warren and A White.

 

The MOTION was declared to have been CARRIED.

 

Reason for Decision – There is a need for the Council to set the Capital Programme.

 

(5)  Budget  (Minute 146)

 

The Leader MOVED seconded by Councillor B A Moore:

 

THAT the recommendations of the Cabinet as set out in Minute 146 be ADOPTED.

 

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: J Bartlett, E J  ...  view the full minutes text for item 122.

123.

Council Tax Resolution 2022/2023 (00-31-04) pdf icon PDF 262 KB

To consider a report of the Deputy Chief Executive (S151) setting out the formal Council Tax Resolution for 2022/23.

 

 

Additional documents:

Minutes:

The Council had before it a *report of the Deputy Chief Executive setting the Council Tax for 2022/23.

 

The Chairman MOVED, seconded by Councillor B A Moore:

 

THAT the Council Tax for 2022/23 be increased by 2.34% being £218.84 (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 2022/23:

 

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: J Bartlett, 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, J M Downes, C J Eginton, R Evans, Mrs S Griggs, P J Heal, D J Knowles, F W Letch, Mrs E Lloyd,  B A Moore, S J Penny, S Pugh, D F Pugsley, R F Radford, C R Slade, Mrs E J Slade, Mrs M E Squires, R L Stanley, B G J Warren and A Wilce.

 

Those ABSTAINING from voting: Councillors: S J Clist, L J Cruwys, R J Dolley, L D Taylor, A White and A Wyer

 

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 2022/23

 

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

 

 

124.

Scrutiny Committee - report of the meeting held on 13 December 2021 (00-37-26) pdf icon PDF 138 KB

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

 

2)    Scrutiny Committee

 

-            13 December 2021

-            17 January 2022

-            14 February 2022 – to follow

           

3)    Audit Committee

 

-      25 January 2022         

           

4)    Environment Policy Development Group

 

-            11 January 2022

 

5)    Homes Policy Development Group

 

-            18 January 2022

 

6)   Economy Policy Development Group

 

-             13 January 2022

 

7)    Community Policy Development Group

 

-            25 January 2022

 

8)    Planning Committee

 

-            5 January 2022

-            19 January 2022

-            2 February 2022

 

9)   Standards Committee

 

-         9 February 2022

 

 

Additional documents:

Minutes:

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 13 December 2021.

 

125.

Scrutiny Committee - Report of the meeting held on 17 January 2022 (00-37-58)

Minutes:

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 17 January 2022.

 

126.

Scrutiny Committee - Report of the meeting held on 14 February 2022 (00-38-37)

Minutes:

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 14 February 2022.

 

127.

Audit Committee - Report of the meeting held on 25 January 2022

Minutes:

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 25 January 2022.

 

1.    Arrangements for the Appointment of External Auditors from 2023/2024 (Minute 62)

 

The Chairman of the Committee MOVED seconded by Councillor B A Moore:

 

THAT the recommendation of the Audit Committee as set out in Minute 62 be ADOPTED.

 

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

 

Reason for the Decision – to comply with the Local Audit and Accountability Act 2014

 

(2)  Review and Revision of the Financial Regulations (Minute 63)

 

The Chairman of the Audit Committee MOVED seconded by Councillor B A Moore:

 

THAT the recommendation of the Audit Committee as set out in Minute 63 be ADOPTED.

 

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

 

Reason for the Decision – There is a need for the Council to approve the Financial Regulations.

 

128.

Environment Policy Development Group - Report of the meeting held on 11 January 2022 (00-42-45)

Minutes:

The Vice Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 11 January 2022.

 

129.

Homes Policy Development Group - report of the meeting held on 18 January 2022 (00-43-30)

Minutes:

The Chairman of the Homes Policy Development Group presented the report of the meeting held on 18 January 2022.

 

130.

Economy Policy Development Group - Report of the meeting held on 13 January 2022 (00-44-33)

Minutes:

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 13 January 2022.

 

 

131.

Community Policy Development Group - Report of the meeting held on 25 January 2022 (00-46-36)

Minutes:

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 25 January 2022.

 

132.

Planning Committee - Report of the meeting held on 5 January 2022 (00-48-19)

Minutes:

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 5 January 2022.

 

133.

Planning Committee - Report of the meeting held on 19 January 2022 (00-49-00)

Minutes:

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 19 January 2022.

 

134.

Planning Committee - Report of the meeting held on 2 February 2022 (00-49-30)

Minutes:

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 2 February 2022.

 

135.

Standards Committee - Report of the meeting held on 9 February 2022 (00-50-18)

Minutes:

The Chairman of the Standards Committee presented the report of the meeting of the Committee held on 9 February 2022.

 

136.

Questions in accordance with Procedure Rule 13 (00-51-10)

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

Minutes:

There were no questions submitted under Procedure Rule 13.2.

 

137.

Appointment to Committees and other Internal Bodies (00-51-22) pdf icon PDF 309 KB

It is recommended:

 

(a)     that the Council approve the allocation of seats on Committees as shown on the schedule (to be circulated);

 

(b)     that Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats  in (a) above;

 

(c)     that the appointments to seats remaining to be filled by ungrouped Members shall be made at this meeting.

 

 

Minutes:

The Council had before it a *table setting out the proposed allocation of seats on Committees.

 

Arising thereon:-

 

Appointment of Committees and Policy Development Groups,

 

The District Solicitor/Monitoring Officer informed the meeting that due to the changes within political groups there had been a need to redistribute the percentage of seats across the Council.  Following discussions with Group Leaders, 3 seats were left to be filled, to give one additional seat to the Conservative Group and two additional seats to the Non-Aligned Group.

 

The Group Leaders were invited to address the meeting.

 

Consideration was given to the allocation of the seats by percentage

 

Councillor R B Evans MOVED, seconded by Councillor R J Chesterton that:

 

(a)    The Council approve the allocation of seats on Committees as shown on the schedule, with the seat on the Scrutiny Committee to be taken by the Conservative Group and the two remaining seats on the Homes Policy Development Group and the Community Policy Group be taken by the Non Aligned Group.

 

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

 

Notes:

 

i)             Councillor S J Clist requested that his vote against the decision be recorded;

ii)            Councillors J Cairney, J M Downes and L D Taylor requested that their abstention from voting be recorded.

 

The Leader MOVED, seconded by Councillor R J Dolley that:

 

(b)    Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a) above.

 

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

 

Note:  Councillors S J Clist and L J Cruwys requested that their abstention from voting be recorded.

 

*Table previously circulated, copy attached to minutes.

138.

Special Urgency Decisions (1-17-18)

To note any decisions taken under Rule 16 (of the Constitution) Special Urgency – no decisions of this kind have been made since the last meeting.

 

 

Minutes:

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

 

 

139.

Questions to Cabinet Members (1-17-28)

To receive answers from the Cabinet Members to questions on their portfolios from other Members.

.

 

Minutes:

Councillor B A Moore informed the meeting that he had received some questions from Councillor G Barnell who was unable to attend the meeting, he would provide a written response to the Member.

 

Councillor J M Downes addressing the Leader asked that a card and flowers be sent to Mrs Eileen Andrews.  The Leader responded stating that he agreed and that it would be progressed.

 

Councillor A White addressing the Cabinet Member for Environment and Climate Change stated that the residents of Upper Yeo were perplexed to read an article in Devon Live in that the Mid Devon Conservatives had called for the 3 weekly bin collection ideas to be scrapped – did the Cabinet Member agree?

 

The Cabinet Member responded stating that this was old news, when things were very different in the Council, there had been some Conservatives against the idea, but that was then and this is now.  An in-depth trial had taken place and the matter had been discussed by the Environment Policy Development Group and the recommendation ratified by the Cabinet.  Therefore he didn’t agree and that the project would be moving forward subject to the details of the resolution of the Cabinet.

 

Councillor A White addressing the Cabinet Member for Housing and Property Services stated that the residents of Upper Yeo were perplexed to find a petition to stop MDDC reducing the refuse collection service, this petition called on MDDC to rule out changes to the frequency of refuse collections, did Councillor Evans agree with the petition of the Mid Devon Conservative Group and if not why had he changed his mind?

 

The Cabinet Member responded asking the Member to look at the date of the petition.  The petition had not explained the benefits and finances of the scheme, all that was now understood and the trial had taken place.

 

Councillor A White addressing the Cabinet Member for Planning and Economic Regeneration highlighted a press release stating that Councillor Chesterton was against the change to waste collection frequency, was the Councillor still seeking support?

 

The Cabinet Member responded stating that he did vote against the trial and voiced concerns at the Cabinet meeting, but that the information and data was now available, he had made his thoughts known that he would like a weekly recycling collection in the long run.

 

Councillor A White addressing the Cabinet Member for Finance stated that residents of Upper Yeo were concerned to see potential reports that leisure centres would be closing in Mid Devon and could he rule out closing any leisure centres in the future and if not which one would he be closing?

 

The Cabinet Member responded stating that this was not within his portfolio, but that he was a regular user of the leisure centres and would encourage all members to attend.

The Cabinet Member for Community Well-Being stated that there had been no indication of this at recent meetings he had held with the Leisure Centre Manager.

 

Councillor S J Clist addressing the Cabinet  ...  view the full minutes text for item 139.

140.

Members Business (1-25-06)

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

 

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

 

 

 

Minutes:

Five members separately raised questions or provided statements, between them covering the State of the District Debate and encouraging attendance, the Chairman’s Civic Service to be held in Hemyock and requesting that the Chairman return to Cruwys Morchard the following year, whether Mrs Andrews should be given the honour of Honorary Alderman, respect for officers and one his political group matters, the latter of which the Chairman ruled was not within the scope of Members Business.

Revised Table for Item 12 pdf icon PDF 234 KB