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  • Agenda and minutes

    Council - Wednesday, 26th April, 2023 6.00 pm

    • Attendance details
    • Agenda frontsheet PDF 113 KB
    • Agenda reports pack PDF 60 MB
    • Printed minutes PDF 334 KB
    • Answers to Written Questions PDF 91 KB
    • Written Answers to Public Questions - Updated PDF 91 KB

    Venue: Phoenix Chambers, Phoenix House, Tiverton

    Contact: Andrew Seaman  Member Services Manager

    Link: audio recording

    Media

    Items
    No. Item

    161.

    Apologies (0:06:52)

    To receive any apologies for absence.

    Minutes:

    Apologies were received from Councillors: R J Chesterton, Mrs P Colthorpe, R Evans, Mrs S Griggs, B A Moore, S J Penny, R L Stanley, L Taylor and A Wyer.

     

    Councillors D Coren, C J Eginton, Mrs E Lloyd and R Deed attended via Zoom.

    162.

    Public Question Time (0:07:23) pdf icon PDF 5 KB

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

     

    Additional documents:

    • Writeen Answers to public questions - Council - 26 April 23 , item 162. pdf icon PDF 5 KB
    • Written Answers to Public Questions - Updated , item 162. pdf icon PDF 272 KB

    Minutes:

    Sophia Beard asked, the Tiverton Town Centre Partnership are undertaking our AGM at the same time that your meeting is taking place. Therefore you may have noticed that some of the faces that have been following the issue of the proposed parking charge rises are unable to attend in person this evening. However the Tiverton Town Centre representatives are in the audience with you this evening and listening attentively.

    The Tiverton Town Centre Partnership look forward to a positive working relationship with Mid Devon Council, where communication and consultation are expected to be greatly improved for the benefit of the Town Centre businesses.

    It is acknowledged that movement has been made on the issue of the parking charge increases. It is felt that the steps proposed so far by the Economic Group and discussed by Cabinet have addressed much of the immediate concerns for residents, workers and employees of the town centre.

    However, on the issue of parking conditions which work to attract and support visitors to our town centre there is more work to be done. It is acknowledged that Cabinet have highlighted the issue to be part of a future consultation process, but the issue of attracting visitors to the town centre is an urgent matter now! And so the questions this evening are;

    1. Please can the council members consider introducing 30 minute free parking for daytime visitors to the town centre as part of its deliberations and motions on the issue of parking charge rises this evening?

    2. Please can the council members discuss the implementation of monthly direct debit payments for the parking permits as this will make them far more accessible to local residents, workers and employees of the town centre?

    3. Following the public interest in this issue, what are the council proposing to do about advertising the existence of and the newly agreed tariffs of the annual permits to local businesses, workers, employees and residents of the town centre?

     

    In response to question 1, the Chairman responded by saying that the new working group which the Economy PDG asked to be established to look at future changes will happily explore all possibilities which support the town centre and businesses whilst also examining the financial implications.

     

    In response to question 2, the Chairman responded by saying that this was discussed during Cabinet debate and a motion was carried to introduce monthly payments for most permits (annual allocated space permits will remain as a yearly charge due to the nature of the space and permit conditions). This will be implemented at the earliest opportunity.

     

     

     

    In response to question 3, the Chairman responded by saying that the parking manager is working closely with local town councils to ensure local businesses, residents and employees are aware of the new charges. The service is also working closely with growth and regeneration service in order to utilise their links to local businesses and communities. Advertisement of the new charges will occur on varying platforms including but not  ...  view the full minutes text for item 162.

    163.

    Declarations of Interest under the Code of Conduct (00:14:26)

    To record any interests on agenda matters.

     

    Minutes:

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

    164.

    Minutes (00:14:40) pdf icon PDF 399 KB

    To consider whether to approve the minutes as a correct record of the meetings held on 14 December 2022, 18 January 2023, 22 February 2023 and 8 March 2023.

     

     

    Additional documents:

    • Minutes Public Pack, 18/01/2023 Council , item 164. pdf icon PDF 166 KB
    • Public minutes 22022023 1800 Council , item 164. pdf icon PDF 477 KB
    • Minutes Public Pack, 08/03/2023 Council , item 164. pdf icon PDF 345 KB

    Minutes:

    The minutes of the Full Council meetings held on the 14 December 2022, 18 January 2023, 22 February 2023 and 8 March 2023 were agreed as a correct record and SIGNED by the Chairman.

    165.

    Chairman's Announcements (00:17:38)

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

     

    Minutes:

    Attended an event with the Air Training Corps at West Exe.

     

    Thanked those that were not standing and wished them the best of health, thanked them for their service and wished those standing all the best. 

    166.

    Petitions (00:19:07)

    To receive any petitions from members of the public.

     

    Minutes:

    No petitions were presented.

    167.

    Notices of Motions (00:19:13)

    There have been no Motions to Council received.

    Minutes:

    There were none.

    168.

    Cabinet - Report of the meeting held on 7 February 2023 (00:19:20) pdf icon PDF 269 KB

    • View the background to item 168.

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

     

    1.     Cabinet

    -        7 February 2023

    -        7 March 2023

    -        4 April 2023

     

    2.     Scrutiny Committee

    -        17 April 2023

     

    3.     Audit Committee

    -        28 March 2023

     

    4.     Environment PDG

    -        14 March 2023

     

    5.     Homes PDG

    -        21 March 2023

     

    6.     Community PDG

    -        28 March 2023

     

    7.     Economy PDG

    -        16 March 2023

     

    8.     Planning Committee

    -        1 March 2023

    -        15 March 2023

    -        5 April 2023

     

    9.     Standards Committee

    -        8 February 2023

     

    Additional documents:

    • FINAL Cabinet Summary Pay Policy Report Feb 23 (002) , item 168. pdf icon PDF 117 KB
    • FINAL Cabinet Pay Policy Feb 23 Appendix 1 , item 168. pdf icon PDF 493 KB
    • FINAL Pay Supplment Policy Feb 23 Appendix 2 (1), 07/02/2023 Cabinet , item 168. pdf icon PDF 243 KB
    • FINAL Appendix 3 Pay Policy Scheme of Delegation Jan 23 , item 168. pdf icon PDF 105 KB
    • FINAL Establishment Cabinet Report Feb 23 , item 168. pdf icon PDF 430 KB
    • There are a further 43 documents.View the full list of documents for item 168.

    Minutes:

    The Leader presented the report of the meeting of the Cabinet held on 7 February 2022.

     

    1.    Pay Policy (minute 133)

     

    The Leader MOVED, seconded by Councillor D J Knowles

     

    THAT the recommendations of the Cabinet as set out in Minute 133 be ADOPTED

     

    Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

     

    Reason for the Decision – The Localism Act 2011 requires an annually published Pay Policy be adopted by the Council.

     

    2.    Establishment (Minute 134)

     

    The Leader MOVED, seconded by Councillor A Wilce

     

    THAT the recommendations of the Cabinet as set out in Minute 134 be ADOPTED

     

    Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

     

    Reason for the Decision – The Constitution states that the Establishment should be received by Council annually.

     

    3.    Cullompton Town Centre Masterplan (Minute 137)

     

    The Leader MOVED, seconded by Councillor DJ Knowles

     

    THAT the recommendations of the Cabinet as set out in Minute 137 be ADOPTED

     

    Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

     

    Reason for the Decision – So that the Draft Cullompton Town Centre Masterplan Supplementary Planning Document and Delivery Plan can be approved.

     

    4.    East Cullompton (Culm Garden Village) Masterplan SPD (Minute 139)

     

    The Leader MOVED, seconded by Councillor G Barnell

     

    THAT the recommendations of the Cabinet as set out in Minute 139 be ADOPTED

     

    Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

     

    Reason for the Decision – So that the revised East Masterplan Supplementary Planning Document could be adopted.

     

    5.    Policy Framework (Minute 142)

     

    The Leader MOVED, seconded by Councillor C P Daw

     

    THAT the recommendations of the Cabinet as set out in Minute 142 be ADOPTED

     

    Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

     

    Reason for the Decision – the Constitution states that the Policy Framework must be approved by Council each year.

     

    6.    Schedule of Meetings (Minute 143)

     

    The Leader MOVED, seconded by Councillor G Barnell

     

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

     

    Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

     

    Reason for the Decision – there was a need for Council to approve the schedule of meetings.

     

     

    169.

    Cabinet - Report of the meeting held on 7 March 2023 (00:28:12)

    Minutes:

    The Leader presented the report of the meeting of the Cabinet held on 7 March 2023.

    170.

    Cabinet - Report of the meeting held on 4 April 2023 (00:28:57)

    Minutes:

    The Leader presented the report of the meeting of the Cabinet held on 4 April 2023.

     

    171.

    Scrutiny Committee - Report of the meeting held on 17 April 2023 (00:29:56)

    Minutes:

    The Chairman of the Scrutiny Committee presented the report of the meeting held on 17 April 2023.

     

    172.

    Audit Committee - Report of the meeting held on 28 March 2023 (00:32:11)

    Minutes:

    The Chairman of the Audit Committee presented the report of the meeting held on 28 March 2023.

     

    173.

    Environment Policy Development Group - Report of the meeting held on 14 March 2023 (00:33:20)

    Minutes:

    The Chairman of the Environment Policy Development Group presented the report of the meeting held on 14 March 2023.

     

    174.

    Homes Policy Development Group - Report of the meeting held on 21 March 2023 (00:34:05)

    Minutes:

    The Chairman of the Homes Policy Development Group presented the report of the meeting held on 21 March 2023.

     

    175.

    Community Policy Development Group - Report of the meeting held on 28 March 2023 (00:35:51)

    Minutes:

    The Chairman of the Community Policy Development Group presented the report of the meeting held on 28 March 2023.

     

    176.

    Economy Policy Development Group - Report of the meeting held on the 16 March 2023 (00:36:36)

    Minutes:

    The Chairman of the Economy Policy Development Group presented the report of the meeting held on 16 March 2023.

    177.

    Planning Committee - Report of the meeting held on 1 March 2023 (00:37:39)

    Minutes:

    The Chairman of the Planning Committee presented the report of the meeting held on 1 March 2023.

    178.

    Planning Committee - Report of the meeting held on the 15 March 2023 (00:38:16)

    Minutes:

    The Chairman of the Planning Committee presented the report of the meeting held on 15 March 2023.

    179.

    Planning Committee - Report of the meeting held on the 5 April 2023 (00:38:38)

    Minutes:

    The Chairman of the Planning Committee presented the report of the meeting held on 5 April 2023.

    180.

    Standards Committee - Report of the meeting held on the 8 February 2023 (00:39:17)

    Minutes:

    The Chairman of the Standards Committee presented the report of the meeting held on 8 February 2023.

     

    1.    Task and Finish Group (Council Procedure Rules Review)  (minute 17)

     

    A written AMENDMENT was MOVED by Cllr Mrs N Woollatt, seconded by Councillor A Wilce that:

     

    a)    The Council Procedure Rule 25.2 be suspended to allow the following amendments to be made to the Constitution at its next meeting.

     

    b)    Subject to any further changes to recommendations (c), (d) and (g) below, the Council Procedure Rules be amended as outlined in Appendix B to this report subject to the following:

     

                          i.        Under 4.3 word ‘approved’ be removed, to read “the Chief Executive will send a summons”.

     

                        ii.        With the removal of “present at the meeting where physical presence is required (or in attendance including remotely where such physical presence is not required)” from 6.1.

     

                       iii.        That point 9 to 9.2, single issue debate be kept, pending an investigation by the Monitoring Officer as to whether it could be removed.

     

                       iv.        That 11.1.6 (b) be kept unchanged, but with proposition changed to motion.

     

                        v.        That 12.1 (b) (rules of debate) and the paragraph below, not be removed, pending an investigation by the Monitoring Officer as to whether it could be removed.

     

                       vi.        That section 106 of the Local Government Finance Act 1992 be added to the constitution under section 15.7, voting.

     

    c)    The Council Procedure Rules regarding Member Questions be amended as set out in Appendix B Rule 10. except for the removal of text at 10.2 (b) and 10.2 (d)

    Entire extract of 10.2 copied here for clarity and context with text to be removed struck through in bold.

     

    10.2 Questions on notice at full Council

     

    A Member of the Council may, ask the Chairman of the Council, the Leader, a Cabinet Member or the Chairman of any Committee any question which:

     

    (a) concerns the Council’s powers / duties or which otherwise affects the District;

     

    (b) relates to matters on which the Council has or may determine a policy;

     

    (c) the Member has provided written notice of the question to the Chief Executive no later than noon, two clear days preceding the Council meeting;

    (d) the question has first been discussed at a meeting of the Cabinet or Committee and the Member is not satisfied with the adequacy of the answer contained in the relevant Minutes; and

     

    (e) the question is not (in the opinion of the Chairman taking account of the advice on the matter from the Chief Executive, Monitoring Officer or Member Services Manager) one which:

     

    (i)     is scurrilous, improper, capricious, irrelevant or otherwise objectionable

    (ii)   is substantially the same as a question which has been put at a meeting of the Council (or other meeting to which these rules apply) in the past six months;

    (iii)  requires the disclosure of confidential or exempt information unless the question is raised in closed session;

    (iv)  contains expressions of opinion; or

    (v)   relates to questions of fact.

     

    d)    The Council Procedure Rules  ...  view the full minutes text for item 180.

    181.

    Annual Reports of Audit Committee, Scrutiny Committee and the Policy Development Groups (00:55:57) pdf icon PDF 198 KB

    To receive the Annual reports (attached) of the Audit Committee, Scrutiny Committee and the four Policy Development Groups.

    Additional documents:

    • Audit Chairmans Report 2022-2023 , item 181. pdf icon PDF 415 KB
    • Economy Chairmans annual report for 2022-2023 , item 181. pdf icon PDF 206 KB
    • Environment Chairmans Report 22-23 , item 181. pdf icon PDF 203 KB
    • Chairmans Community Policy Development Group Report 2022-23 , item 181. pdf icon PDF 480 KB
    • Homes PDG Chairmans Annual Report 2022-23 , item 181. pdf icon PDF 281 KB

    Minutes:

    The Chairmen of the Audit Committee and the Scrutiny Committee and the Chairmen of the Environment, Homes, Community and Economy Policy Development Groups presented their Annual Reports* to the Council.

     

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

    182.

    Appointment of Returning Officer and Electoral Registration Officer (00:56:36)

    In order to ensure compliance with all requirements relating to electoral activity, it is recommended that the Council appoints Stephen Walford as the Returning Officer and Electoral Registration Officer, this decision to take effect on 1st June 2023 following the retirement of Jill May.

    Minutes:

    It was MOVED by the Chairman that:

     

    That the Council appoints Stephen Walford as the Returning Officer and Electoral Registration Officer, as of the 1st of June 2023.

     

    Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.

     

    183.

    Questions in accordance with Procedure Rule 13 (00:59:22)

    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.

    184.

    Special Urgency Decisions (00:59:29)

    To note any decisions taken under Rule 16 (of the Constitution) Special Urgency – …….

     

     

    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.

    185.

    Questions to Cabinet Members (00:59:33)

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

    .

     

    Minutes:

    There were none.

     

    186.

    Members Business (00:59:42)

    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:

    An event was due to take place on 6 May 2023 for the King’s Coronation in the Tiverton Town Centre.

     

    Thoughts were given to Hon. Alderman Paul Williams who sadly passed away.

     

    187.

    Invitation for Retiring Members to address the Council (1:02:23)

    Members who have chosen not to be re-elected are invited to address the Council.

    Minutes:

    The Chairman thanked those Members not seeking re-election for their work and invited them to address the Council:

     

    Councillors G Barnell, D Coren, R Dolley, D J Knowles, Mrs E Lloyd, Miss J Norton, D Pugsley, A White and A Wilce addressed the Council.