Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Councillors: M Binks, J Frost, C Harrower, L Kennedy, S Penny, S Robinson and N Woollatt

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

Paul Elstone

My first two questions relate to Agenda Item 11  - Member Allowances 

Question 1:

It is noted that the recommendation is to increase member allowances by 6.4% to £6,387 

1. A recent BBC Report reveals that this Councils Member allowances are already the highest amongst LA’s in Devon.
2. That despite Torridge District Council not increasing member allowances for several years they have recently voted for a rise of just 3.9% to £5,538 or £849 a year less than this Councils proposal.
3. That it is being proposed that members reduce much needed Grant Funding by around 20% in real terms.    

When voting on this recommendation will each member consider these points?

Question 2

Will this matter be decided by a recorded vote?

Question 3

A scurrilous allegation was made against certain members of the General Public at the Scrutiny Committee Meeting of the 18^th December 2023.  An allegation that stated that they have cost MDDC Council Taxpayers a significant sum of money. This given the requirement to have the Devon Audit Partnership investigate unsubstantiated allegations of either fraud or malpractice.

If the 3 Rivers Working Group had conducted their investigation with the rigor both required and expected, they would have known the full truth.

It is a matter of fact that it was a long-standing Council Leader who called for the DAP investigation and while he was in position. Even detailing the scope of the investigation.

It is also a fact that the Interim Council Leader was asked if he agreed to withdraw the requirement for an investigation but declined to do so.

It is also a fact that the very person whose actions would have formed a key part of the investigation set the terms of reference. Terms of reference which were nothing like the original requirement.

It is also known  that DAP only considered it was necessary for them to undertake a quick investigation. It seems  as an appeasement to the Council Leaders concerns.

It is also a fact that members of the public were constrained in providing the information and evidence they wished to do given time limits imposed amongst other things.

Given the seriousness  of these matters and which cannot be understated will the Council Leader now implement a rigorous investigation and so the full truth can be known ? 

To record any interests on agenda matters.

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

None were declared under this item.

To consider whether to approve the minutes as a correct record of the meeting held on 1^st of November 2023 and the extraordinary meeting on the 29^th of November 2023.

The minutes of the meeting held on 1 November and 29 November 2023 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 had the following announcements to make:

Global leaders recently met for the COP28 conference in Dubai to tackle the climate crisis and you may have followed some of it in the media.

Britain’s New Zero targets are being taken very seriously in Devon and by Mid Devon District Council. The Council had declared a Climate Emergency, our targets are to achieve net zero by 2023. Mid Devon District Council work towards that with other local authorities across England and through the Devon Carbon plan.

Mid Devon District Council Climate change and sustainability Officers reports progress against the Climate action plan and review all aspects of the corporate services to reduce carbon footprint. Work through the net zero advisory group and community partnership efforts to demonstrate how carbon saving does not have to “cost the earth”. In fact Mid Devon District Council can turn the crisis into an opportunity for green investment and essential for health and wellbeing of the future life for the Council.

To receive any petitions from members of the public.

There were no petitions presented.

1.    Motion 600 (Cllr James Buczkowski- 23rd October 2023)

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

Motion on the Poverty Premium

This council notes that:

·         Lower income households are affected by the ‘poverty premium’ by being forced to pay more than those on higher incomes to use essential services such as energy, credit and insurance.

·         Expert assessment indicates 23% of Households in the Tiverton and Honiton Constituency and 20% of Households in the Central Devon Constituency are being penalised by this - costing local residents in the two constituencies £7.2 million a year to simply do the same basic things as those on higher incomes.

·         On average the poverty premium costs those households affected around £400 a year: equivalent to three weeks of food bills for a family of four.

·         Lack of government action to properly regulate the commercial practices of national and international companies is the primary cause of these costs.

·         Access to local banking and insurance services has significantly worsened in recent times.

This council:

·         Opposes this as a penalty for lower income households which exacerbates the difficulties of those managing on low incomes.

·         Condemns the government for doing too little to tackle the poverty premium.

·         Believes that tackling the poverty premium is an essential part of levelling up.

·         Calls upon the Government to act urgently to address these additional costs to our lowest income residents.

Therefore, the council resolves to:

·         Endorse the Fair By Design Roadmap for tackling the Poverty Premium (Attached)

·         Instruct the Leader of the Council to write to the relevant government minister demanding:

-       Urgent action to tackle all forms of poverty premium including those imposed by energy suppliers, insurers, credit sources, banks and other bodies.

-       A broadening of the Financial Conduct Authority regulation of credit costs to cover those not currently covered.

-       A partnership between the relevant regulators to tackle all forms of poverty premium.

-       Beyond immediate action, an inquiry into the scourge of the poverty premium and a strategy to prevent recurrence.

·         Take action locally by:

-       Taking a lead on creating a Vulnerable Citizens Strategy, which should include making sure people on low incomes don’t end up paying more for their essential services and products.

-       Investigating local mechanisms for reducing the poverty premium caused by financial services, for example working with ATM providers and exploring local alternative Insurance, credit and banking options including the merits of a community mutual bank.

-       Working with other local agencies, community groups and charities to promote take up of available benefits and grants.

-       Encouraging local business to commit to Poverty Premium Proofing.

-       Working with social and private landlords in Mid Devon to ensure every tenant is automatically placed on the cheapest energy tariff for their needs, minimising the cost of moving into a social housing home and that tenants are provided poverty premium avoidance advice and support.

-       Working with other local employers to support low-income employees to avoid the Poverty Premium.

-       Working  ...  view the full agenda text for item 99.

Motion 600 (Cllr James Buczkowski- 23rd October 2023)

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

Motion on the Poverty Premium

This council notes that:

·         Lower income households are affected by the ‘poverty premium’ by being forced to pay more than those on higher incomes to use essential services such as energy, credit and insurance.

·         Expert assessment indicates 23% of Households in the Tiverton and Honiton Constituency and 20% of Households in the Central Devon Constituency are being penalised by this - costing local residents in the two constituencies £7.2 million a year to simply do the same basic things as those on higher incomes.

·         On average the poverty premium costs those households affected around £400 a year: equivalent to three weeks of food bills for a family of four.

·         Lack of government action to properly regulate the commercial practices of national and international companies is the primary cause of these costs.

·         Access to local banking and insurance services has significantly worsened in recent times.

This council:

·         Opposes this as a penalty for lower income households which exacerbates the difficulties of those managing on low incomes.

·         Condemns the government for doing too little to tackle the poverty premium.

·         Believes that tackling the poverty premium is an essential part of levelling up.

·         Calls upon the Government to act urgently to address these additional costs to our lowest income residents.

Therefore, the council resolves to:

·         Endorse the Fair By Design Roadmap for tackling the Poverty Premium (Attached)

·          Instruct the Leader of the Council to write to the relevant government minister demanding:

·         Urgent action to tackle all forms of poverty premium including those imposed by energy suppliers, insurers, credit sources, banks and other bodies.

·          A broadening of the Financial Conduct Authority regulation of credit costs to cover those not currently covered.

·          A partnership between the relevant regulators to tackle all forms of poverty premium.

·         Beyond immediate action, an inquiry into the scourge of the poverty premium and a strategy to prevent recurrence. 

Take action locally by:

·         Taking a lead on creating a Vulnerable Citizens Strategy, which should include making sure people on low incomes don’t end up paying more for their essential services and products.

·         Investigating local mechanisms for reducing the poverty premium caused by financial services, for example working with ATM providers and exploring local alternative Insurance, credit and banking options including the merits of a community mutual bank.

·          Working with other local agencies, community groups and charities to promote take up of available benefits and grants.

·         Encouraging local business to commit to Poverty Premium Proofing.

·         Working with social and private landlords in Mid Devon to ensure every tenant is automatically placed on the cheapest energy tariff for their needs, minimising the cost of moving into a social housing home and that tenants are provided poverty premium avoidance advice and support.

·         Working with other local employers to support low-income employees to avoid the Poverty Premium.

·         Working across the Council to identify further measures it can take.

 (In accordance  ...  view the full minutes text for item 99.

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

1.    Cabinet

14^th November 2023

(Recommended to Council the Treasury Management Mid-Year Review Report 2023/2024, Tax Base Calculation 2024/2025 report and Schedule of Meetings)

2.    Scrutiny Committee

30th October 2023

3.    Audit

5^th December 2023

4.    Community Policy Development Group

28th November 2023

5^th December 2023

5.    Environment Policy Development Group

7^th November 2023

6.    Homes Policy Development Group

21^st November 2023

7.    Economy Policy PDG

16^th November 2023

8.    Planning Committee

8th November 2023

22nd November 2023

9.    Licensing Committee

1^st December 2023

10.Regulations Committee

1^st December 2023

11.Standards Committee

18^th October 2023 (Recommended to Council Motion 577)

The Leader of the Council presented the report of the meeting of the Cabinet held on 14 November 2023.

This covers minute numbers 61 to 75

At minute number 67 there is a RECOMMENDATION to full Council:

Minute 67: RECOMMENDED to Full Council

Minute 68: RECOMMENDED to Full Council

Minute 74: RECOMMENDED to Full Council

The recommendation are included on agenda items 9, 10 and 12 and will be covered at those items.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Scrutiny Committee held on 30 October 2023.

The Vice Chairman of the Audit Committee presented the report of the meeting of the Audit Committee held on 5 December 2023.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Homes Policy Development Group held on  28 November and 5 December 2023.

The Chairman of the Environment Policy Development Group presented the report of the meeting held on 16 November 2023.

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

The Chairman of the Environment Policy Development Group presented the report of the meeting held on 16 November 2023.

The Chairman of the Planning Committee presented the report of the meeting held on 8 November and 22 November 2023.

The Chairman of the Licensing Committee presented the report of the meeting held 1 December 2023.

The Chairman of the Regulation Committee presented the report of the meeting held on 1 December 2023.

The Chairman of the Standards Committee presented the report of the meeting held on 18 October 2023

This covers minute numbers 13 - 23.

Minute 19: RECOMMENDED to Full Council that: G of the Task and Finish Group on Council Procedure Rules not be supported.

Minute 20: RECOMMENDED to Full Council that Motion 577:

(i) Be amended to read as follows:

‘When an enquiry, to which an answer is required, is made by a Member at a formal meeting and an answer cannot be given at that meeting, a written response shall be sent to the enquiring Member within 10 days. A copy of the question(s) and answer(s) will be circulated to members of the committee (or Full Council) and will also be attached to the minutes.

(ii) The Motion, as amended, be supported.

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

To receive a report on the Treasury management Strategy Mid-Year Review Report 2023/24 from the Deputy Chief Executive (S151) Officer.

The Cabinet Member for Finance outlined the contents of the report with particular reference to the following:

·         Changes in the Regulations required more regular reports to be presented to the decision makers of local authorities.

·         Higher returns had been achieved due to an increase in interest rates and a slippage on the Capital Programme.

·         No additional borrowing had been required.

·         An economic summary had been provided, showing the deposits held at the end of the quarter and the yields being achieved.

·         The report confirmed that the lending criteria remained appropriate.

The report was presented to Cabinet on the 14 November 2023 and had made the recommendation to Full Council.

THAT the recommendation of the Cabinet as set out in Minute 67 to be APPROVED

A) That a continuation of the current policy outlined at paragraphs 4.0 – 4.5 be approved; and

b) The changes to the Capital Financing Requirement, Operational Boundaries and Authorised Limits for the current year at paragraphs 5.4 – 5.5 be approved.

Cllr J Buczkowski MOVED, seconded by The Leader of the Council Cllr L Taylor

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

To receive a report on the Tax Base Calculation 2024/25 from the Deputy Chief Executive (S151) Officer.

The Cabinet Member for Finance outlined the contents of the report with particular reference to the following:

·         It was reiterated that each year the Council had to set its Council Tax Base against which all Town and Parish Council’s could set their precepts.

·         Within the calculation were the actual numbers of properties within the district, the number of properties falling within the Council Tax Reduction Scheme, the forecast growth in properties and the likely level of collection, all of which are converted into an average amount for a Band D property.

·         For 2024/25 there was projected to be 30,222.10 Band D properties which was growth of 389 on the current year and the Council expected to collect 97.5% of the precept which was up from 96.5% in 23/24.

The report was presented to Cabinet on the 14 November 2023 and had made the recommendation to Full Council.

THAT the recommendation of the Cabinet as set out in Minute 68 to be APPROVED

a) That the calculation of the Council’s Tax Base for 2024/25 be approved in accordance with The Local Authorities (Calculation of Tax Base) (England) Regulations 2012 at 30,222.1 an increase of circa 389.12 Band D equivalent properties from the previous financial year.

b) That the current collection rate of 96.5% be increased to 97.5% detailed in Section 2.

Consideration was given to:

·         Clarification in regards to the tax base band D property and when the model was proposed things were different. Mid Devon District Council had limited powers to make adjustments for those living in poverty.

·         Clarification on dates and charges against empty properties.

Cllr J Buczkowski MOVED, seconded by Cllr J Lock

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

To receive a report on Member Allowances report of the Independent Remuneration Panel from the District Solicitor and Monitoring Officer.

The Council had before it a report of the District Solicitor and Monitoring Officer setting out the recommended Members’ Scheme of Allowances for 1 April 2024 to 31 March 2025.

The District Solicitor outlined the contents of the report of the Independent Remuneration Panel.

Considerations was given to:

·         Mid Devon District Council receive one of the highest allowances amongst peer authorities.

·         A fundamental review after a full year of office from members and understanding of the workloads.

·         The different values of the allowances to all members.

·         Peer authorities and their scheme of allowances for members and their Special Responsibilities allowances being considerably more.

·         The cost of living crisis and the pressures on residents.

·         The importance of the report being from an independent panel from the Council.

·         The feedback from members provided as part of the review from the Independent Remuneration Panel.

·         The next report will cover three years passed the election cycle.

Cllr J Buczkowski MOVED an AMENDMENT, Seconded by Cllr F Letch that:

“No increases are made for 24/25, so there is essentially a freeze on all allowances and the retrospective for 24/25 again is frozen as was in the original proposal.”

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

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

To receive a report on Schedule of meeting 2024/2025 from the District Solicitor and Monitoring Officer.

The Council had before it the * Schedule of Meetings for 2024/2025.

The report was presented to Cabinet on the 14 November 2023 and had made the accordance recommendation to Full Council.

THAT the recommendation of the Cabinet as set out in Minute 74 to be APPROVED

Cllr J Buczkowski MOVED, seconded by Cllr J Lock

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

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.

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

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

.

With regard to questions to Cabinet Members

The Chairman informed the meeting that no were no questions.

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 J Lock highlighted to members that she attended Corporate Parenting Board and raised the subject of Staying close grant that has been rewarded to Devon by the Government that will look at accommodation and support for care leavers.

Councillor N Bradshaw in the East of the District the Blackdown Hills of the Area for Outstanding National Beauty has become a National Landscapes and will be a review within the management plan over the next 6 to 9 months any contributions welcomed.