Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Councillors: N Bradshaw, G DuChesne and R Gilmour.

To receive any questions and or statements relating to any items of the Council powers/ duties or which otherwise affects the District and items on the agenda from members of the public.

Goff Welchman

Question 1: Has a final decision been reached regarding the use for St George’s Court?

Cabinet Member for Housing, Property and Assets:

Yes. St George’s Court had been sold to the Council’s Housing Service, Housing Revenue Account (HRA) for specific use as social housing within the Council housing stock. Please refer to minute 43 of the August 2023 Cabinet meeting https://democracy.middevon.gov.uk/mgAi.aspx?ID=18034

Question 2: What further work on that site is being or will be carried out?

Cabinet Member for Housing, Property and Assets:

External works to complete the final drainage connections, highways access, garden/other landscaping and additional works to ensure St George’s Court was ready to let. Some internal works were to be completed to bathrooms within the blocks of flats and riverside fencing to meet Housing Revenue Account (HRA) adaptability/safety requirements and the local lettings plan for the development.

Question 3: What was the cost of that further work, and how would it be funded?

Cabinet Member for Housing, Property and Assets:

As some works were still ongoing a final cost for all the further work was not currently available. All works to complete the site and achieve a lettable standard were being met by the Council’s general fund as a requirement of the Housing Revenue Account (HRA) acquisition of the site. The internal adaption works and fencing costs were being met the Housing Revenue Account (HRA).

Nick Quinn

Question 1: Had the Leisure VAT refund from HMRC, referred to in Council Motion 593, and been received yet?

Question 2: If so:

a) When was this received?

b) How much was received?

Cabinet Member for Service Delivery and Continuous Improvement gave a single answer to all his questions:

The Council had received the payments, the total of £3,149,619.03 paid in three instalments and included interest and the final payment was made in 31/08/2023.

Barry Warren

At Cabinet on 15 October 2024 the Medium Term Financial Plan in paragraph 2.6 were the words “Two further lines had possibly lowered in terms of deliverability – lines 25 and 31. Both relate to securing contribution from the Town or Parish Councils. To date, no proposals had been received but discussions were ongoing.”  In the table which follows the combined figures amount to £110 thousand pounds.

Question 1: What discussions were ongoing and with whom? 

Statement:

There was a stated intention of this administration for a closer relationship with the Town and Parish Councils and the public.  £6,000.00 had been allocated each year to appoint a Cabinet Member with a portfolio to achieve this.

There was a Town and Parish Charter which sets out apparent agreements.  My own Parish Council raised issues with it which in the main were ignored or rejected. A meeting between Councillor DuChesne, myself and the Parish Clerk again raised issues some of which were turned down by the Monitoring Officer.  Another issue over a planning application was raised and the response back from a Planning Officer was dismissive to say the least. There were other  ...  view the full minutes text for item 222.

To record any interests on agenda matters.

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

(All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on this matter by virtue of being in receipt of or affected by any changes to the motions:- Women on State Pension Inequality and the Winter Fuel Allowance)

To consider whether to approve the minutes as a correct record of the meeting held on the 4^th September 2024.

The minutes of the meeting held on 4^th September 2024 were AGREED as a correct record and signed by the Chair.

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

The Chair had the following announcements to make:

• On the 29 September the Vice-Chair of the Council attended Exeter Cathedral and had a wonderful walk around.
• On the 13 October he attended the Mayor’s Civic service.
• On the 20 October he attended his Civic service at St Paul’s Church, it was a magnificent event and raised over £400 for Devon Young Carers and had received thanks from the Lord High Sheriff and members of the public for the event.

The Chair of Council invited the Vice Chair Cllr G Czapiewski to chair the meeting.

To receive any petitions from members of the public.

Mr Bridger presented a petition with over 4000 signatures to the Chair of the Council and outlined the basis for the petition, stating:

The Grand Western Canal is the jewel in the crown of Mid Devon. It offers unique access to our beautiful countryside and is a haven for wildlife and nature. The canal route has been protected from development or encroachment for the past 30 years, and the tranquillity and biodiversity of this part of Devon has benefitted enormously.

Our elected Councillors at Mid Devon District Council want to end the protection for parts of the canal area, and to open the door for protected woodlands and open areas to be developed for housing.  A developer has already submitted plans for large-scale housing right next to the canal around Tidcombe Hall. These plans have previously failed due in large part to the Conservation Area designation.

Development here would hugely damage the biodiversity of the area, and impact tourism, health and well-being, and access to nature. We need our District Council to preserve the existing Grand Western Canal Conservation Area, and improve the biodiversity of the lands, not damage our beautiful countryside.

The residents of Tiverton and Mid Devon do not want to see the Grand Western Canal Conservation area altered or reduced.

The Council had claimed the intention was for a positive step in terms of safeguarding and protecting the canal. The Conservation area was an area that was protected by a series of buildings and planning restrictions to ensure the original character was either retained or improved and its importance to protect and to conserve its integrity. 

The guidance was clear that conservation areas must be protected and enhanced by any review process and any review must be community led reflecting the importance of the area to the community and its uniqueness. The specialness was judged against local and regional criteria not national criteria. Locals and visitors were aghast at the idea that the Council, tasked to preserve the heritage assets for future generations, was seeking to undermine its protection rightly given to it all those years ago. Quoting legalisation to justify it was disingenuous and perverse, local authorities had a duty to review conservation areas from time to time but this should be done with a view to enhancing those areas.

Section 71 of the legalisation also states that the view of the public must be heard and that local authorities shall have regard to those views. Throughout the legislation, preservation and enhancement were the watch words. The guidance was clear that well managed conservation areas were a community asset; a  good understanding of what makes them special, and active management once they were designated were key to their ongoing success.

It was clear to those using the areas slated for removal, Snakes Wood and Tidcombe Hall that this conservation area had been a success. The fields and woods forming the designated area made it special to locals, tourists and businesses.

The guidance also states that the  ...  view the full minutes text for item 226.

1.            Motion 606 (Cllr S Robinson)

The Council had before it a MOTION submitted for the first time.

Motion: Women against State Pension Inequality (WASPI)

Council is asked to note that:

·         In the 1995 Pensions Act, the Government increased State Pension age for women from 60 to 65, with a further increase to 66 in the 2011 Pensions Act. 

• The change was not properly communicated to 3.8m women born in the 1950s until 2012, giving some only one year’s notice of a six year increase in their anticipated retirement age. 14,350 of the affected women live in our own authority area.
• The Parliamentary and Health Service Ombudsman (PHSO) has found the Department for Work and Pensions (DWP) to have committed maladministration through its failure to adequately communicate State Pension age increases to women born in the 1950s. 
• The PHSO has concluded the DWP should apologise to women affected and pay compensation as a result.
• The DWP has refused to accept the findings of the PHSO, which has now led the independent watchdog to lay its findings before Parliament, encouraging MPs to intervene to deliver a remedy to affected women.
• The All Party Parliamentary Group on State Pension Inequality for Women has concluded that “the impact of DWP maladministration on 1950s-born women has been as devastating as it is widespread.  The APPG believes that the case for category 6 injustice (£10,000) is overwhelming and clear. Women have had their emotional, physical, and mental circumstances totally obliterated by a lack of reasonable notice.”
• As of April 2024, more than 275,000 have died waiting for justice since the WASPI campaign began in 2015.

Council is asked to consider that this injustice has not only had a profound effect on the individuals involved, but on the wider community in Mid Devon and on local government, not least because:

·         Women who would have looked after older relatives or partners are unable to afford to do so, with a knock-on impact on local social care.

·         Women who would have retired and engaged in caring responsibilities for grandchildren are having to continue working, increasing the childcare burden on the state locally.

·         Women who have been left in poverty are struggling to meet their housing costs, with a knock-on impact on local housing stock.

·         There is a broader impact on voluntary services of all kinds locally, which are missing out on able, active volunteers who would otherwise have been able to retire from full-time work as planned.

·         Our local economy is negatively affected by the reduced spending power and disposable income that the uncommunicated State Pension Age changes have brought about among women born in the 1950s.

·         Local tourism has suffered as a result, with affected women unable to travel to the area for holidays.

Council is asked to support:

·         A swift resolution to this ongoing injustice before more and more women die waiting for compensation.

·         The conclusion of the All Party Parliamentary Group on State Pension Inequality that women born in the 1950s have suffered a  ...  view the full agenda text for item 227.

1. Motion 606 (Cllr S Robinson)

The Council had before it a MOTION submitted for the first time.

Motion: Women against State Pension Inequality (WASPI)

Council was asked to note that:

• In the 1995 Pensions Act, the Government increased State Pension age for women from 60 to 65, with a further increase to 66 in the 2011 Pensions Act. 
• The change was not properly communicated to 3.8 million women born in the 1950s until 2012, giving some only 1 year’s notice of a 6 year increase in their anticipated retirement age. 14,350 of the affected women lived in our own authority area.
• The Parliamentary and Health Service Ombudsman (PHSO) had found the Department for Work and Pensions (DWP) to have committed maladministration through its failure to adequately communicate State Pension age increases to women born in the 1950s. 
• The PHSO had concluded the DWP should apologise to women affected and pay compensation as a result.
• The DWP had refused to accept the findings of the PHSO, which had now led the independent watchdog to lay its findings before Parliament, encouraging MPs to intervene to deliver a remedy to affected women.
• The All Party Parliamentary Group (APPG) on State Pension Inequality for Women had concluded that “the impact of DWP maladministration on 1950s-born women had been as devastating as it was widespread.  The APPG believed that the case for category 6 injustice (£10,000) was overwhelming and clear. Women have had their emotional, physical, and mental circumstances totally obliterated by a lack of reasonable notice.”
• As of April 2024, more than 275,000 women had died waiting for justice since the WASPI campaign began in 2015.

Council was asked to consider that this injustice had not only had a profound affect on the individuals involved, but on the wider community in Mid Devon and on local government, not least because:

• Women who would have looked after older relatives or partners were unable to afford to do so, with a knock-on impact on local social care.
• Women who would have retired and engaged in caring responsibilities for grandchildren were having to continue working, increasing the childcare burden on the state locally.
• Women who have been left in poverty were struggling to meet their housing costs, with a knock-on impact on local housing stock.
• There was a broader impact on voluntary services of all kinds locally, which were missing out on able, active volunteers who would otherwise have been able to retire from full-time work as planned.
• Our local economy was negatively affected by the reduced spending power and disposable income that the uncommunicated State Pension Age changes had brought about among women born in the 1950s.
• Local tourism had suffered as a result, with affected women unable to travel to the area for holidays.

Council was asked to support: 

• A swift resolution to this ongoing injustice before more and more women died waiting for compensation.
• The conclusion of the All Party Parliamentary Group on State Pension Inequality that women born in the 1950s had suffered  ...  view the full minutes text for item 227.

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

1.    Cabinet

17^th September 2024

15^th October 2024

(Recommendation to Full Council)

Cabinet RECOMMENDS TO FULL COUNCIL

That the MDH Repairs and Maintenance Policy and Equality Impact Assessment be adopted as recommended by the Home PDG.

2.    Scrutiny Committee

9th September 2024

3.    Community, People and Equalities Policy Development Group

24th September 2024

4.    Economy and Assets Policy Development Group

19th September 2024

5.    Homes Policy Development Group

10th September 2024

6.    Planning Environment and Sustainability Policy Development Group

3^rd September 2024

7.    Service Delivery and Continuous Improvements Policy Development Group

23^rd September 2024

8.    Planning Committee

28^th August 2024

11^th September 2024

9^th October 2024

9.    Licensing Committee

2nd October 2024 

(Recommendation to Full Council)

The Licensing Committee RECOMMENDS TO FULL COUNCIL

That the Gambling Act Statement of Principles as attached in Annex A be approved.

The Licensing Committee RECOMMENDS TO FULL COUNCIL

That the Statement of Licensing Policy as attached in Annexe B be recommended to Full Council for approval.

10.Regulatory Committee

2nd October 2024

(Recommendation to Full Council)

The Regulatory Committee RECOMMENDS TO FULL COUNCIL

·         The new proposed timeline for implementation of the Policy at section 2 of the report, and that the existing Policy (implemented 1 st January 2019) continues to have effect until such time as the new Policy is fully implemented.

·         The changes proposed and detailed within section 3 and Annex A of this report.

·         To delegate authority to make minor amendments to the Policy to the Head of Housing and Health.

The Leader presented the reports of the meeting of the Cabinet held on 17 September and 15 October 2024

1.     Mid Devon Housing Repairs and Maintenance Policy (Minute 73)

The Leader MOVED:

That the recommendations of the Cabinet as set out in minute 73 be APPROVED.

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

.

The Chair of the Scrutiny Committee presented the report of the meeting held on 9 September 2024.

The Chair of the Community, People and Equalities Policy Development Group presented the report held on the 24 September 2024.

The Chair of the Economy and Asset Policy Development Group presented the report held on 19 September 2024.

The Chair of the Homes Policy Development Group presented the report held on 10 September 2024.

The Chair of the meeting of Planning, Environment and Sustainability Group presented the report held on 3 September 2024.

The Chair of the meeting of Service Delivery and Continuous Improvements Policy Development Group presented the report held on 23 September 2024.

The Chair of the Planning Committee held presented the reports of the meetings held on 28th August, 11th September and 9th October 2024.

The Chair of the Licensing Committee presented the report of the meeting held on 2 October.

1.   Gambling Act Statement of Principles (Minute 14)

The Chair of Licensing Committee MOVED, seconded by Cllr J Buczkowski

That the recommendation of the Licensing Committee as set out in Minute 14 be ADOPTED.

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

2.   Statement of Licensing Policy (Minute 15)

The Chair of Licensing Committee MOVED, seconded by Cllr L Taylor

That the recommendation of the Licensing Committee as set out in Minute 15 be ADOPTED.

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

The Chair of the Regulatory Committee presented the report of the meeting held on 2 October.

1.   Hackney Carriage and Private Hire (Taxi) Policy (Minute 14)

The Chair of Regulatory Committee MOVED, seconded by Cllr J Downes

That the recommendation of the Regulatory Committee as set out in Minute 14 be ADOPTED.

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

To consider the appointment to the outside bodies:

To seek one representative to the position available for the Police and Crime Panel Devon and Cornwall.

To appoint the Cabinet Member for Housing, Assets and Property to the Devon and Torbay Housing Advisory Group.

The following appointments to Outside Bodies were AGREED.

Cllr G Czapiewski to be appointed to Council for the Police and Crime Panel for Devon and Cornwall.

Cllr L Kennedy MOVED seconded by Cllr L Cruwys:

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

The Cabinet Member for Housing, Assets and Property Services be appointed to the Devon and Torbay Housing Advisory Group.

The Chair MOVED

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

To deal with any questions raised pursuant to Procedure Rule 11 not already dealt with during the relevant Committee reports.

To deal with any questions raised pursuant to Procedure Rule 11 not already dealt with during the relevant Committee reports.

There were no questions.

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 Chair 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.

The Chair informed the meeting that no were no questions to Cabinet Members.

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

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

• Cllr J Wright thanked Leisure Services for their actions that related to a number of recent incidents where customers or members of the public had collapsed in a centre. The leisure centre staff acted swiftly and had been praised by the relatives of both individuals and the ability of well trained staff to administer first aid when required. All those that used the excellent leisure centres could be confident in the support that was available should they find themselves in difficulty.
• Cllr S Clist thanked two members of the housing team for a similar situation to the leisure centre and would be emailing those individuals to give his personal thanks.
• Cllr S Clist attended a harvest thanksgiving in Exeter, it was a great pleasure to see the younger generation, keen and interested in agriculture. The cathedral was beautifully decorated.
• Cllr L Taylor highlighted to Members that the Cullompton Town Centre Relief Road had taken another major step towards delivery, as Tesco had confirmed its willingness to sell a key piece of land required to deliver the relief road. He thanked all Members and officers for their work on this.
• Cllr S Keable highlighted the commencement of the relocation of Cullompton Cricket Pitch, this latest announcement marked the achievement of another key milestone and paved the way for the delivery of the long-awaited relief road.
• Cllr S Keable highlighted that the Prosperity Fund had successfully been granted another year of funding, and that he considered this programme was vital to support the continued growth of jobs and wealth in the district.