Venue: Town Hall, Tiverton
Contact: Sally Gabriel
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Apologies To receive apologies for absence Minutes: Apologies were received from Councillors: Mrs E M Andrews, Mrs C Heal and M R Lee. |
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To approve as a correct record the Minutes of the Meeting of the Council held on 29 October 2014.
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.
Minutes: The minutes of the meeting of Council held on 29 October 2014 were approved as a correct record of the meeting and signed by the Chairman. |
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Chairman's Announcements To receive any announcements which the Chairman of the Council may wish to make.
Minutes: The Chairman had no announcements to make. |
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Public Question Time 00-02-07 To receive any questions relating to items on the agenda from members of the public and replies thereto.
Note: A maximum of 30 minutes is allowed for this item.
Minutes: Mr Willan referring to Minute 85 of the Cabinet (11.12.14) congratulated the Cabinet on its decision not to include J27 in the Local Plan and requested that Full Council ratify this decision. He stated that the development would have sucked the life out of the surrounding towns and villages. He referred to the consultant’s report which had stated that the development had not passed the sequential tests set out in the NPPF, the analysis provided by the site promoters was not considered adequate, there would be adverse financial effect and general loss of vitality and viability, the supposed number of jobs and the housing required had not really been thought through. This was not a scheme in Mid Devon’s best interest and would have damaging effects locally. Therefore could the Council now suggest to the Westwood people that they give up on this and could the Council redouble its efforts to foster locally based development on what we want and not what they want and prioritise high skill employment for our young people.
Cllr Warren (Willand Parish Council) referring to Minute 85 of the Cabinet (11.12.14) asked that Members note that Willand Parish Council is opposed to any further land being identified or allocated for development at Junction 27 or between there and Willand. The reasons for objection are well documented. Will Members further recognise that such opposition is supported by a considerable number of our parishioners as evidenced by a capacity local meeting and a subsequent petition containing in excess of 1000 signatures? Do Members appreciate that proposals put forward to date have regularly changed in detail and concept and certainly Willand Parish Council have received few sustainable facts to support what is proposed? If the land is identified for development what guarantees are there that what may eventually appear will bear any resemblance to what has been brought forward to date and in the near future?
Mrs Andrews referring to Minute 71 of the Cabinet (27.11.14) stated that it was recommended by the Cabinet that an area of Local Green Space be removed from the Local Plan at Gurneys in Morchard Bishop as the land has no recreational significance. She stated that the designation had been requested by 40 local parishioners and that the Cabinet had only taken notice of the landowners wishes. The area would be bound by residential houses on three sides and would be a local amenity; she therefore requested that the Council uphold the recommendations of officers and include the Local Green Space at Morchard Bishop and Cheriton Fitzpaine in the Local Plan.
The Cabinet Member for Planning and Economic Regeneration stated that the request to delete these sites had come from local Ward Members and this would be something that would be debated and voted upon later in the meeting.
Mr Grantham referring to Minute 85 of the Cabinet (11.12.14) and speaking on behalf of residents at Leonards Moor Cross and around J27 stated that this was a greenfield site and the lives ... view the full minutes text for item 85. |
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Petitions To receive any petitions from members of the public
Minutes: There were no petitions from members of the public:- |
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Notices of Motion 00-19-00 (1) Motion 495 (Councillor D F Pugsley – 4 September 2014)
The following motion had been referred to the Standards Committee for consideration and report:
This Council resolves to amend the Constitution by adding the following sentence at the end of Procedure Rule 16.1:
"If in any year the Leader fails to call a debate, it may be called by notice in writing to the Chief Executive signed by any 5 members of the Council."
In accordance with Procedure Rule 15.6(a) Councillor D F Pugsley has requested that the Motion be altered to read:
“that the Constitution be amended by adding the following sentence at the end of Procedure Rule 16.1:
If the Leader declines or fails to call a debate within nine months in any municipal year, it may be called by notice in writing to the Chief Executive signed by any 10 Members of the Council.
The Standards Committee at its meeting on 12 November 2014 considered this proposal and recommends that the Motion be supported.
(2) Motion 498 (Councillor Mrs N Woollatt – 15 October 2014)
The following motion had been referred to the Cabinet for consideration and report:
That this Council:
1. notes that, during the recent public consultation on the Cullompton North West Urban Extension Masterplan, it did not directly advise all residents in the immediate vicinity of the development area of the consultation.
2. recognises that there is a public expectation from residents that they should be informed directly about consultations relating to major development and master planning exercises in their immediate vicinity.
3. resolves to amend the adopted Statement of Community Involvement to ensure that in future communications advising of consultation exercises are targeted at all residents in the immediate vicinity who are likely to be affected when the council consults on major developments and master planning exercises.
In accordance with Procedure Rule 15.6(a) Councillor Mrs N Woollatt has requested that paragraph 3 of the Motion be altered to read:
3. resolves that in the case of site specific Supplementary Planning Documents and pre-application consultation on strategic scale developments to amend the adopted Statement of Community Involvement policies SCI/13, 14 and 15 to ensure that in future communications advising of consultation exercises include immediately adjoining residents who are likely to be affected.
The Cabinet had considered the proposal at its meeting on 27 November 2014 and recommended that it be rejected but further resolved that:
a) a review of the Statement of Community Involvement take place after the completion of the Local Plan Review; and
b) consultation take place with adjoining residents on the next consultation stage for the Cullompton NW Urban Extension Master Plan and for the Tiverton Eastern Urban Extension Master Plan for Area B.
(3) Motion 505 (Councillors: Mrs J Roach, Mrs N Woollatt, K D Wilson, D F Pugsley, T W Snow, N Way and R Wright – 19 November 2014)
The Council had before it a MOTION submitted for the first time:
There is no doubt ... view the full agenda text for item 87. Minutes: Notices of Motion (1) Motion 495 (Councillor D F Pugsley – 4 September 2014)
The following motion had been referred to the Standards Committee for consideration and report:
This Council resolves to amend the Constitution by adding the following sentence at the end of Procedure Rule 16.1:
"If in any year the Leader fails to call a debate, it may be called by notice in writing to the Chief Executive signed by any 5 members of the Council."
In accordance with Procedure Rule 15.6(a) Councillor D F Pugsley requested that the Motion be altered to read:
“that the Constitution be amended by adding the following sentence at the end of Procedure Rule 16.1:
If the Leader declines or fails to call a debate within nine months in any municipal year, it may be called by notice in writing to the Chief Executive signed by any 10 Members of the Council.
The Standards Committee at its meeting on 12 November 2014 considered this proposal and recommended that it be supported.
Following discussion, it was AGREED that the Motion be referred back to the Standards Committee as Members requested further clarification with regard to who requests the subject of the debate.
(2) Motion 498 (Councillor Mrs N Woollatt – 15 October 2014)
The following motion had been referred to the Cabinet for consideration and report:
That this Council:
1. notes that, during the recent public consultation on the Cullompton North West Urban Extension Masterplan, it did not directly advise all residents in the immediate vicinity of the development area of the consultation.
2. recognises that there is a public expectation from residents that they should be informed directly about consultations relating to major development and master planning exercises in their immediate vicinity.
3. resolves to amend the adopted Statement of Community Involvement to ensure that in future communications advising of consultation exercises are targeted at all residents in the immediate vicinity who are likely to be affected when the council consults on major developments and master planning exercises.
In accordance with Procedure Rule 15.6(a) Councillor Mrs N Woollatt has requested that paragraph 3 of the Motion be altered to read:
3. resolves that in the case of site specific Supplementary Planning Documents and pre-application consultation on strategic scale developments to amend the adopted Statement of Community Involvement policies SCI/13, 14 and 15 to ensure that in future communications advising of consultationexercises include immediately adjoining residents who are likely to be affected.
The Cabinet had considered the proposal at its meeting on 27 November 2014 and recommended that it be rejected but further resolved that:
a) a review of the Statement of Community Involvement take place after the completion of the Local Plan Review; and
b) consultation take place with adjoining residents on the next consultation stage for the Cullompton NW Urban Extension Master Plan and for the Tiverton Eastern Urban Extension Master Plan for Area B.
Following discussion and upon a vote being taken, the resolution of the Cabinet ... view the full minutes text for item 87. |
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Cabinet Report - Meeting 30 October 2014 (01-35-44) PDF 144 KB To receive and consider the reports, Minutes and recommendations of Committees as follows: -
(1) Cabinet
30 October 2014 27 November 2014 4 December 2014 11 December 2014 (to follow)
(2) Scrutiny Committee
10 November 2014 8 December 2014 (to follow)
(3) Audit Committee
2 December 2014 10 December 2014 (to follow)
(4) Managing the Environment Policy Development Group
18 November 2014
(5) Decent and Affordable Homes Policy Development Group
25 November 2014
(6) Community Well Being Policy Development Group
13 November 2014 2 December 2014
(7) Planning Committee
5 November 2014 3 December 2014
(8) Standards Committee
12 November 2014
Additional documents:
Minutes: The Leader presented the report of the meeting of the Cabinet held on 30 October 2014
Arising thereon:
(1) Schedule of Meetings (Minute 65)
The Leader MOVED, seconded by Councillor P H D Hare-Scott.
THAT the recommendation of the Cabinet as set out in Minute 93 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
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Cabinet - Report - Meeting held on 27 November 2014 (01-37-38) Minutes: The Leader presented the report of the meeting of the Cabinet held on 27 November 2014
Arising thereon:
(1) Managing the Environment Policy Development Group – 13 November 2014 (Minute 65)
The Leader MOVED, seconded by Councillor P H D Hare-Scott.
THAT the recommendation of the Cabinet as set out in Minute 65 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
(2) Mid Devon Local Plan Review 2013-2033 – Proposed Submission Policies for the Crediton and West Area
Stonewall Lane
The Leader MOVED, seconded by Councillor P H D Hare-Scott.
THAT the recommendation of the Cabinet as set out regarding Stonewall Lane be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
Note: Councillor N A Way declared a personal interest as he was a Governor at QE School, Crediton
Land at Gurney’s, Morchard Bishop
The Leader MOVED, seconded by Councillor P H D Hare-Scott.
THAT the recommendation of the Cabinet as set out regarding Stonewall Lane be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
Note:
(i) Councillor C J Eginton declared a personal interest as he knew the landowner and was a former Morchard Bishop Parish Councillor;
(ii) Councillor J D Squire declared a personal interest as his daughter-in-law rented land at this location.
Crediton – Policy S12
The Leader MOVED, seconded by Councillor M D Binks:
THAT the recommendation of the Cabinet as set out regarding Policy S12 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
CRE 10 – Crediton Infrastructure
The Leader MOVED, seconded by Councillor M D Binks:
THAT the recommendation of the Cabinet as set out regarding Policy CRE 10 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Cheriton Fitzpaine
The Leader MOVED, seconded by Councillor R L Stanley:
THAT the recommendation of the Cabinet as set out regarding land at the Glebe, Cheriton Fitzpaine be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
The Leader MOVED, seconded by Councillor R J Chesterton:
THAT a) the policies and proposals for Crediton and the western villages contained within appendices 2 and 3 of the report be approved as amended for publication and submission;
b) Delegated authority be given to the Head of Planning and Regeneration, in consultation with the Cabinet Member for Planning and Economic Regeneration to make minor changes to the text and maps, such amendments to be published on the website and Members advised.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
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Cabinet - Report - 4 December 2014 (01-51-38) Minutes: The Leader presented the report of the meeting of the Cabinet held on 4 December 2014.
Arising thereon:
(1) Mid Devon Local Plan Review 2013-2033 – Proposed Submission Policies for the Tiverton and Central Area
DM26 – Green Infrastructure in Major Development
The Leader MOVED, seconded by Councillor P H D Hare-Scott.
THAT the recommendation of the Cabinet as set out regarding Policy DM26 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy TIV1 – Eastern Urban Extension
The Leader MOVED, seconded by Councillor N V Davey.
THAT the recommendation of the Cabinet as set out regarding Policy TIV1 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy TIV8 – Moorhayes
The Leader MOVED, seconded by Councillor P H D Hare-Scott:
THAT the recommendation of the Cabinet as set out regarding Policy TIV8 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy TIV9 – Howden Court
The Leader MOVED, seconded by Councillor A V G Griffiths
THAT the recommendation of the Cabinet as set out regarding Policy TIV9 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy BA1 – Newton Square, Bampton
The Leader MOVED, seconded by Councillor R L Stanley
THAT the recommendation of the Cabinet as set out regarding Policy BA1 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
The Leader MOVED, seconded by Councillor R J Chesterton:-
THAT a) the policies for Development Management and the proposals for Tiverton and the central villages contained within appendices 2, 3 and 4 of the report be approved as amended for publication and submission;
b) Delegated authority be given to the Head of Planning and Regeneration, in consultation with the Cabinet Member for Planning and Economic Regeneration to make minor changes to the text and maps, such amendments to be published on the website and Members advised.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
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Cabinet - Report - 11 December 2014 (01-56-54) Minutes: The Leader presented the report of the meeting of the Cabinet held on 11 December 2014.
Arising thereon:
(1) Urgent Item of Business – Government Changes to Planning Obligations (Minute 83)
The Leader MOVED, seconded by Councillor R J Chesterton.
THAT the recommendation of the Cabinet as set out in Minute 83 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
(2) Mid Devon Community Infrastructure Levy – Draft Charging Schedule (Minute 84)
The Leader MOVED, seconded by Councillor P H D Hare-Scott.
THAT the recommendation of the Cabinet as set out in Minute 84 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have FAILED.
(3) Mid Devon Local Plan Review 2013-2033 – Proposed Submission Policies for Cullompton and East Area
Relief Road
The Leader MOVED, seconded by Councillor P H D Hare-Scott.
THAT the recommendation of the Cabinet as set out regarding the eastern relief road be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
Policy CU2 – North West Cullompton Provision
The Leader MOVED, seconded by Councillor Mrs N Woollatt.
THAT the recommendation of the Cabinet as set out regarding Policy CU2 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy CU4 – North West Cullompton Community Facilities
The Leader MOVED, seconded by Councillor P F Williams.
THAT the recommendation of the Cabinet as set out regarding Policy CU4 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy CU7 – East Cullompton
The Leader MOVED, seconded by Councillor N V Davey.
THAT the recommendation of the Cabinet as set out regarding Policy CU7 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
Policy CU8 – East Cullompton Transport Provision
The Leader MOVED, seconded by Councillor R L Stanley.
THAT the recommendation of the Cabinet as set out regarding Policy CU8 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
Policy CU10 – East Cullompton Community Facilities
The Leader MOVED, seconded by Councillor R L Stanley.
THAT the recommendation of the Cabinet as set out regarding Policy CU10 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy CU17 – Week Farm
The Leader MOVED, seconded by Councillor T W Snow.
THAT the recommendation of the Cabinet as set out regarding Policy CU17 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED
Policy CU18 – Venn Farm
The Leader MOVED, seconded by Councillor T W Snow.
THAT the recommendation of the Cabinet as set out regarding Policy CU18 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Policy CU19 – Town Centre Relief Road
The Leader MOVED, seconded ... view the full minutes text for item 91. |
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Scrutiny Committee - Report 10 November 2014 (02-20-20) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Cabinet held on 10 November 2014.
Arising thereon:
The Chairman of the Scrutiny MOVED, seconded by Councillor D F Pugsley
“THAT the recommendation of the Scrutiny Committee as set out in Minute 98 be ADOPTED”.
Following discussion and upon a vote being taken, the MOTION was declared to have FAILED.
The Council had before it questions* submitted by Councillor D F Pugsley in accordance with Procedure Rule 12.2(1) together with a response from the Chairman of the Scrutiny Committee.
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Scrutiny Committee - Report 8 December 2014 (02-35-33) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 8 December 2014.
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Audit Committee - Report 2 December 2014 (02-35-53) Minutes: The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 2 December 2014.
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Audit Committee - Report 10 December 2014 (02-38-36) Minutes: The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 10 December 2014.
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Managing the Environment Policy Development Group - Report - 18 November 2014 (02-39-32) Minutes: The Chairman of the Managing the Environment Policy Development Group presented the report of the meeting of the Group held on 18 November 2014.
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Decent and Affordable Homes Policy Development Group - Report 25 November 2014 (02-40-17) Minutes: The Chairman of the Decent and Affordable Homes Policy Development Group presented the report of the meeting of the Group held on 25 November 2014.
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Community Well-Being Policy Development Group - Report - 13 November 2014 (02-41-08) Minutes: The Chairman of the Community Well Being Policy Development Group presented the report of the meeting of the Group held on 13 November 2013
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Community Well-Being Policy Development Group - Report 2 December 2014 (02-41-35) Minutes: The Chairman of the Community Well Being Policy Development Group presented the report of the meeting of the Group held on 2 December 2014.
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Planning Committee - Report - 5 November 2014 (02-42-06) Minutes: The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 5 November 2014.
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Planning Committee - Report - 3 December 2014 (02-43-13) Minutes: The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 3 December 2014.
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Standards Committee - Report - 12 November 2014 Minutes: The Chairman of the Standards Committee presented the report of the meeting of the Committee held on 12 November 2014.
Arising thereon:
(1) Request for Constitutional Change (Minute 32)
The Chairman of the Standards Committee MOVED, seconded by Councillor Mrs M E Squires:
THAT the recommendation of the Standards Committee as set out in Minute 32 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
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Review of Polling Districts, Polling Places and Polling Stations 2014 PDF 120 KB Report of the Electoral Services Manager regarding a review of polling districts, polling places and polling stations Minutes: The Council had before it a report* of the Electoral Services Manager regarding the review of polling districts, polling places and polling stations.
The Cabinet Member for the Working Environment and Support Services outlined the content of the report highlighting a parish boundary issue that had arisen in Silverton.
Councillor Mrs B M Hull MOVED, seconded by Councillor Mrs J Roach THAT:
a) Polling districts, polling places and polling stations remain unchanged. b) A recommendation for a county divisional change for Silverton North be made. c) A report be prepared for Council in 2017 seeking justification for the change.
Notes:
(i) Councillors Mrs M E Squires requested that her abstention from voting be recorded.
(ii) *Report previously circulated, copy attached to signed minutes.
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Questions (02-52-04) To deal with any questions raised pursuant to Procedure Rule 12 not already dealt with during the relevant Committee report. Minutes: Councillor Mrs J Roach made reference to the Economic Development Strategy dated December 2011 and a commitment made to development at J27 and the fact that the decision had not been reversed.
The Chief Executive stated that the Economic Development Strategy contained aspirations of the Cabinet but the Local Plan process was required to allocate land for development.
Councillor R M Deed questioned the Chief Executive concerning staffing levels in the Legal Department.
The Chief Executive stated that a locum was being used for the time being and that the situation would be reassessed over the next few months.
Councillor K D Wilson asked whether a locum cost less than an employee?
The Chief Executive stated that a locum cost more on an hourly rate but that there were less employee on-costs. |
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Questions to Cabinet Members (03-00-00) Cabinet Members will answer questions from Members on their Portfolios.
Minutes: Councillor K D Wilson asked the Cabinet Member for Support Services and the Working Environment why the Summons still contained coloured paper and were the Council taking advantage or the lower fuel prices and filling up the fuel tanks at the Depots.
The Chief Executive stated that with regard to colour paper, outstanding stocks of paper were being used up. The introduction of the Modern.Gov software would introduce electronic agendas and reports, removing the need for paper copies, however if required white paper would be used in future.
With regard to the fuel issue, the fuel tanks would be refilled when required.
Cllr Mrs J Roach asked the Cabinet Member for the Environment whether any works had taken place at the multi-storey car park as consideration had been given to colour coding levels and improving the signage.
The Cabinet Member stated the new signage had been agreed for the pay and display car parks and he would look into the issues raised with regard to the multi-storey car park. |
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Members' Business (03-04-36) To receive any statements made and notice of future questions by Members.
Minutes: 1. Councillor P F Williams raised the issue of Liberal Democrat seats on Policy Development Groups and that following a change to the allocation at the last meeting of the Council; he had lost his seat on the Community Well-Being Policy Development Group. He felt that he was no longer able to vote on the Council business and wondered if any group wished to gift him a seat.
Councillor F J Rosamond offered Councillor Williams the Independent Non-Aligned Seat on the Community Well-Being Policy Development Group.
2. Councillor C R Slade informed the Council that Uplowman Primary School had achieved equal 11th place in the National League Table which was way above any school in Devon.
The Council recorded its congratulations to the Head Teacher.
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