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  • Agenda and draft minutes

    Council - Wednesday, 18th December, 2024 6.00 pm

    • Attendance details
    • Agenda frontsheet PDF 394 KB
    • Agenda reports pack
    • Standard Committee Minutes and Government Consultation Responses from Mid Devon District Council PDF 628 KB
    • December Council Public Questions and Answers PDF 425 KB
    • Printed draft minutes PDF 267 KB

    Venue: Phoenix Chambers, Phoenix House, Tiverton

    Contact: Laura Woon  Democratic Services Manager

    Link: audio recordings

    Media

    Items
    No. Item

    243.

    Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies were received from Councillors: M Farrell (online), R Gilmour, A Glover (online), L J Kennedy, A White, N Woollatt and J Wright.

    244.

    Public Question Time pdf icon PDF 414 KB

    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.

    Minutes:

    Goff Welchman

     

    Question 1:

    It had been brought to this Council’s attention about the parking signage error. I wish to know how many Mid Devon car parks had this or similar errors, what it would cost to permanently rectify the error, and, as Mid Devon’s parking fines revenue had recently increased, how many of those fines related to the incorrect signage, and would the motorists be contacted and reimbursed?

     

    Response from Cabinet Member for Finance, Governance and Risk:

    A new sign was erected within Market Place to address issues with a coach bay that was being regularly used by cars for parking. This sign wrongly asserted that members of the public could not park for more than 2 hours but did display the correct level of tariffs. Three other permanent signs located throughout the car park area were correct and displayed the correct tariffs.

     

    The sign had now been corrected and a review of all signs in the district carried out two weeks ago, showed they were all displaying the current and right tariffs for parking. No enforcement action was taken against any members of the public as a result of this temporary sign being in place and so no customers had been affected. There was no cost to rectify the mistake as a simple overlay could be used to correct the mistake.

     

    Question 2:

    The Tiverton Eastern Urban Extension Phase B covered land from Post Hill down to the canal. I had been repeatedly verbally assured, that the area south of West Manley Lane was included in order to protect it from speculative planning applications, and would be permanently retained as a green space. However, two concerns had now arisen.

     

    a). One new build had recently been approved on the south side of West Manley Lane, which in my view could set a precedent for further development.

     

    b). Angela Rayner was intending to allow Planning Officers to approve building applications, without recourse to Councillors, as long as they adhered to the approved Local Plan. Therefore would this Council publicly confirm that which I had been verbally promised privately, that there would be absolutely no further housing allowed between West Manley Lane and the canal?

     

    Response from Cabinet Member for Planning and Economic Regeneration:

    For means of clarity the area south of West Manley Lane (WML) was not included within the allocated Tiverton EUE ‘to protect it from speculative planning applications’. The area of land south of WML / north of the Grand Western Canal (GWC) was identified as ‘landscape’ within the Illustrative Masterplan of the Adopted Tiverton EUE Masterplan SPD as a means to provide a parkland setting (with the character of a country park) to the south of the EUE. The Adopted Mid Devon Local Plan showed all the land between the former railway line and the GWC as green infrastructure. 

     

    A new dwelling was recently approved (application 24/01182/FULL) on the southern side of WML. The site had previously been the subject of an appeal decision (APP/Y1138/W/19/3239009); application  ...  view the full minutes text for item 244.

    245.

    Declarations of Interest under the Code of Conduct

    To record any interests on agenda matters.

     

    (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)

     

     

     

    Minutes:

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

     

    None were declared under this item.

    246.

    Minutes pdf icon PDF 279 KB

    To consider whether to approve the minutes as a correct record of the meeting held on 30 October 2024.

     

     

    Additional documents:

    • Supplement Full Council- Public Questions and Answers 30102024 1800 Council , item 246. pdf icon PDF 342 KB

    Minutes:

    The minutes of the meeting held on 30th October 2024 were AGREED as a correct record and signed by the Chair.

    247.

    Chair's Announcements

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

     

    Minutes:

    The Chair had the following announcements to make:

     

    • On the 10 November 2024 he had visited the Holy Church in Crediton for the Remembrance Service and had visited the War Memorial to lay the wreath.
    • On the 13 December 2024 he went to Tiverton High School to present the winner and runners up with their prizes for the Christmas card competition.
    • He thanked Cllr L Cruwys as he represented the Council for Armistice Day at the Burma Star Gardens.  

     

    The Vice- Chair highlighted the following:

     

    • He visited the Remembrance event in Tiverton and the War Memorial in Crediton.
    • On the 2 November2024 he had visited the Exe Valley Leisure Centre, where the new Bishop of Exeter visited to meet the Hockey Team who supported the Breakfast on the Go, which was supplied by volunteers at St Paul’s Church, Tiverton.

     

    248.

    Petitions

    To receive any petitions from members of the public.

     

    Minutes:

    None received.

    249.

    Notices of Motions

    1.    Motion 605 (Cllr Martin Binks)

     

    The following motion had been referred to the Planning, Environment and Sustainability Policy Development Group for consideration and report:

     

    a)    Mid Devon District Council recognises and notes the huge contribution made by our farmers, growers and the drink industry to the local economy, environment, and rural economies.

     

    b)    Mid Devon District Council commits to further enhancing our partnerships alongside our arable, livestock and dairy farmers to enhance our beautiful countryside.

     

    c)    Mid Devon District Council also commits to supporting our local farmers and growers and the food and drink sector by, where possible, ensuring that all food and drinks provided at council organised events is sourced from local suppliers, to always include meat and dairy as well as plant-based produce.

     

    d)    As part of tackling the environmental priorities for Mid Devon District Council; the Council will consider ways to encourage our residents, where possible, to shop locally, taking full advantage of home-grown. Affordable and nutritious produce, including meat, dairy and plant-based options, thus reducing food miles to our tables and boosting the economy.

     

    The Planning, Environment and Sustainability Policy Development Group at its meeting on 26 November 2024 considered the Motion and following discussion, Councillor M Binks in accordance with Procedure Rule 13.7 agreed that the Motion be amended to read:

     

    a) Mid Devon District Council recognises and notes the huge contribution made by our farmers, growers and the food and drink industry to the local economy and environment.

     

    b) Mid Devon District Council commits to further developing our partnerships with key organisations alongside our arable, livestock and dairy farmers to enhance our beautiful countryside.

     

    c) Mid Devon District Council also commits to supporting our local farmers, growers and the food and drink sector by, where possible, ensuring that all food and drink provided at Council organised events is sourced from local suppliers, to include meat and dairy as well as plant based produce. Efforts will also be made to promote locally sourced or produced organic items.

     

    d) That the Council encourages and promotes local suppliers and locally produced products in other events hosted within Mid Devon.

     

    e) As part of tackling the environmental priorities for Mid Devon District Council and fulfilling our biodiversity duty, the Council will consider ways to encourage our residents to shop locally, taking full advantage of home-grown, affordable and nutritious produce, including meat, dairy and plant based options, thus reducing food miles to our tables and boosting the local economy.

     

     

     

    2.    Motion 606 (Cllr S Robinson)

     

    The following motion had been referred to the Community, People and Equalities Policy Development Group for consideration and report:

     

    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  ...  view the full agenda text for item 249.

    Minutes:

    Motion 605 (Cllr Martin Binks)

     

    The following Motion had been referred to the Planning, Environment and Sustainability Policy Development Group for consideration and report:

     

    a)    Mid Devon District Council recognises and notes the huge contribution made by our farmers, growers and the drink industry to the local economy, environment, and rural economies.

     

    b)    Mid Devon District Council commits to further enhancing our partnerships alongside our arable, livestock and dairy farmers to enhance our beautiful countryside.

     

    c)    Mid Devon District Council also commits to supporting our local farmers and growers and the food and drink sector by, where possible, ensuring that all food and drinks provided at council organised events is sourced from local suppliers, to always include meat and dairy as well as plant-based produce.

     

    d)    As part of tackling the environmental priorities for Mid Devon District Council; the Council will consider ways to encourage our residents, where possible, to shop locally, taking full advantage of home-grown, affordable and nutritious produce, including meat, dairy and plant-based options, thus reducing food miles to our tables and boosting the economy.

     

    The Planning, Environment and Sustainability Policy Development Group at its meeting on 26 November 2024 considered the Motion and following discussion, Councillor M Binks in accordance with Procedure Rule 13.7 agreed that the Motion be amended to read:

     

    a) Mid Devon District Council recognises and notes the huge contribution made by our farmers, growers and the food and drink industry to the local economy and environment.

     

    b) Mid Devon District Council commits to further developing our partnerships with key organisations alongside our arable, livestock and dairy farmers to enhance our beautiful countryside.

     

    c) Mid Devon District Council also commits to supporting our local farmers, growers and the food and drink sector by, where possible, ensuring that all food and drink provided at Council organised events is sourced from local suppliers, to include meat and dairy as well as plant based produce. Efforts will also be made to promote locally sourced or produced organic items.

     

    d) That the Council encourages and promotes local suppliers and locally produced products in other events hosted within Mid Devon.

     

    e) As part of tackling the environmental priorities for Mid Devon District Council and fulfilling our biodiversity duty, the Council will consider ways to encourage our residents to shop locally, taking full advantage of home-grown, affordable and nutritious produce, including meat, dairy and plant based options, thus reducing food miles to our tables and boosting the local economy.

     

    The MOTION was MOVED by Councillor M Binks seconded by Councillor R Roberts

     

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

     

     

    2.    Motion 606 (Cllr S Robinson)

     

    The following motion had been referred to the Community, People and Equalities Policy Development Group for consideration and report:

     

    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  ...  view the full minutes text for item 249.

    250.

    Cabinet- Reports of the Minutes of the meetings held between the 12 November

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

     

    Minutes:

    The Leader presented the reports of the meeting of the Cabinet held on 12 November 2024.

     

    1.    The Grand Western Canal Conservation Area Appraisal and Management Plan ( Minute 85)

     

    The Leader outlined the following:

     

    ·         He was generally pleased on the public participation from start to the position now, from the Grand Western Canal Joint Advisory Committee, those that attended the consultation events. The residents who had attended the public Council meetings and those who signed the petition.

    ·         To be clear not one Member present in the room including himself want to see the end of the Canal, he valued the Canal and the Council was not here to close the canal.

    ·         Members it had been decades since a review of the conservation area within Mid Devon had taken place. This action to review was not to allow building on the canal but to further protect it. 

    ·         Outdated conservation area may not be considered as robust and may face challenges from developers or the Courts. This conservation area was now more robust and only serves to further protect this vital asset of Mid Devon.

    ·         Much discussion had taken place in regard to snake’s wood but there were still protection for this woodland area however does not fall under the conservation area.

    ·         The Leader does not want to see any houses built on snake’s wood and for it to remain the same.

     

    Consideration was given to:

     

    ·         The consultation had elicited an outcry which was not represented by the petition about the removal of Snakes wood.

    ·         The purpose of the removal of snake’s wood, the results of the public consultation had not been taken into account.

    ·         The value of the canal and the concerns of the loss of protection to the canal environment.

    ·         What would be the protection for Snakes wood if it lost its conservation area and how long would this take to implement?

    ·         Regret that members and members of the public had not taken the statement of snake’s wood was well protected but if it was included in the boundary it would weaken the legislative aspect of defining conservation areas.

    ·         Council were required to review conservation area across, in over 30 years it had been ignored till now.

    ·         Changes were made under the National policy Framework that had changed the interruption of the conservation area.

    ·         ‘Conservation’ could be interrupted as Trees and environment maybe renaming ‘Conservation’ to ‘Heritage’ areas to save any confusion in the future.

    ·         The Council needs to strengthen the Canal and had put the Council in a stronger position to protect the canal.

    ·         If it was called the ‘Grand Western Heritage area’ this would have included snakes woods and building. Heritage spaces always include green areas and building where as conservation do not.

    ·         Any of the area a designated of a special scientific interest that would affect planning in the future.     

     

    The Leader MOVED seconded by Cllr S Keable:

     

    That the recommendations of the Cabinet as set out in minute 85 be APPROVED.

     

    Upon a  ...  view the full minutes text for item 250.

    251.

    Scrutiny Committee- Report of the meeting held on 28 October and 25 November 2024

    Minutes:

    The Vice-Chair of the meeting of the Scrutiny Committee presented the report of the meetings held on 28 October and 25 November 2024.

     

    252.

    Audit Committee- Report of the meeting held on the 3 December 2024

    Minutes:

     

    The Chair of the meeting of Audit Committee presented the report of the meeting held on the 3 December 2024.

     

    253.

    Economy and Assets Policy Development Group- Report of the meeting held on 28 November 2024

    Minutes:

    The Chair of the meeting of the Economy and Asset Policy Development Group presented the report of the meeting held on 28 November 2024.

     

     

    254.

    Homes Policy Development Group- Report of the meeting held on 19 November 2024

    Minutes:

    The Chair of the meeting of the Homes Policy Development Group presented the report of the meeting held on 19 November 2024.

     

    1. Appointment of Co-opted Tenant Members.

     

    The Chair of the Homes Policy Development Group MOVED, seconded by Cllr C Connor.

     

    THAT the recommendation of the Homes Policy Development Group as set out in Minute 49 be APPROVED

     

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

     

     

    255.

    Community, People and Equalities Policy Development Group- Report of the meeting held on 3 December 2024

    Minutes:

    The Chair of the meeting of the Community, People and Equalities Policy Development Group presented the report held on the 3 December 2024.

    256.

    Planning, Environment and Sustainability Policy Development Group- Report of the meeting held on 26 November 2024

    Minutes:

     

    The Chair of the meeting of Planning, Environment and Sustainability Group presented the report of the meeting held on 26 November 2024.

     

    257.

    Service Delivery and Continuous Improvements Policy Development Group- Report of the meeting held on 3 December 2024

    Minutes:

     

    The Chair of the meeting of Service Delivery and Continuous Improvement Policy Development Group presented the report of the meeting held on 3 December 2024.

     

    258.

    Planning Committee- Reports of the meeting held on the 4 December 2024

    Minutes:

    The Chair of the meeting of the Planning Committee presented the report of the meeting held on 4 December 2024.

     

    259.

    Standards Committee- Reports of the meeting held on the 11 December 2024

    Minutes:

    The Chair of the meeting of the Standards Committee held presented the reports of the meetings held on 11 December.

     

    1.    DBS Checks for Members

     

    The Chair of the Standards Committee MOVED, seconded by Cllr B Holdman

     

    That the recommendation of the Standards Committee set out in Minute 20 be ADOPTED.

     

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

     

    Those AGAINST from voting: Cllr P Colthorpe

     

    2.    Government Consultation- Enabling Remote Attendance and Proxy Voting at Council Meetings.

     

    The Chair of the Standards Committee MOVED, seconded by Cllr B Holdman

     

    That the recommendation of the Standards Committee set out in Minute 21 be ADOPTED.

     

    Those AGAINST from voting: Cllr P Colthorpe

     

    Note:* Report previously circulated

     

    260.

    Schedule of Meeting for 2025/2026 pdf icon PDF 118 KB

    To receive a report on Schedule of meeting 2025/2026 from the Director of Legal, People and Governance (Monitoring Officer).

    Minutes:

     

    The Council had before it the proposed* Schedule of Meetings for 2025/2026.

     

    The Chair MOVED that the Schedule of meetings 2025/2026 be approved.

     

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

     

    Note:* Schedule of meetings for 2025/2026 previously circulated

     

     

     

     

    261.

    Member Allowances- Independent Remuneration Panel Report pdf icon PDF 453 KB

    To receive a report on Member Allowances report of the Independent Remuneration Panel from the Director of Legal, People and Governance (Monitoring Officer).

    Additional documents:

    • Appendix 1 - IRP Report , item 261. pdf icon PDF 593 KB
    • Appendix 2 - Draft Scheme 1 April 2025 - 31 March 2028 , item 261. pdf icon PDF 275 KB

    Minutes:

    The Council had before it a report of the Director of Legal, People and Governance and Monitoring Officer setting out the recommended Members’ Scheme of Allowances for 1 April 2025 to 31 March 2028

     

    The Director of Legal, People and Governance and Monitoring Officer outlined the contents of the report of the Independent Remuneration Panel.

     

    • The Council was required to consider its Members’ Scheme of Allowances taking account of a relevant report of its Independent Remuneration Panel (IRP) before making any changes to the allowances for the following financial year.
    • The IRP proposed amendments to the current scheme were as follows:

    -       The Basic Allowance of £6,000 p.a. would be increased by the median (average) % of the cost of living pay rise awarded across the workforce of Mid Devon District Council’s employees for a period of 3 years from 1 April 2025 until 31 March 2028. (NB: the % rise for 2024/2025 is 4%).

    -       The Basic Allowance from 1st April 2025 would therefore be recommended as being £6,240 p.a. until the next staff pay award where upon the Panel’s recommendation would apply with whatever the median % rise was at that time.

    • Within the report at (h) that the wording in the scheme regarding parental leave and SRA’s also would apply to prolonged illness and Vice Chairs.

     

    Consideration was given to:

     

    • Carer’s allowances within the Scheme of allowances for Members and how that would work.
    • The basic allowances to be more attractive to encourage the younger generation to stand as Councillors.
    • The parental leave allowances and the attendance to the Town and Parish Council meetings.

     

    The Chair MOVED that: the Members Allowances Scheme as set out in Appendix 2 in the report be adopted for the period 1 April 2025 to 31 March 2028.

     

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

     

    Those voting AGAINST: Cllr S Clist 

     

    Note: *Report previously circulated 

     

    262.

    Team Devon Local Government Joint Committee

    That Council note the background report and agrees to the creation and formulation of the Team Devon Joint Committee as proposed in the Devon County Council Report

     

    To agree the nomination of the Leader of the Council to be the council’s representative on the Team Devon Joint Committee.

    Minutes:

    The Council had before it a background report to NOTE and agree the nomination of the Leader of the Council to be the Council’s representative on the Team Devon Joint Committee.

     

    The Leader of the Council outlined the contents of the report from the Team Devon Joint Committee.

     

    • On the 16 December, the Deputy Prime Minister released a white paper on Devolution to all authorities in England. Contained in the white paper were ambitious plans for more powers to be devolved to all areas including regional Mayors for all areas of England.
    • As part of the White Paper, it also stated the Government’s intention for areas to work together to secure funding and achieve more influence over the important decisions related to the Council’s area. That was the reason why it had been decided to set up the combined County authority, and the Joint Committee as referenced on tonight’s agenda was to agree the governance feeding into that, which Members had been asked tonight to vote on and to agree to elect the Leader as the representative to the body.
    • Also within the White Paper it made reference about Labour’s plans to simplify local government and abolish areas with two tier arrangements like Devon. The expectation was that with the Combined County Authority (CCA) already having been agreed, Devon’s journey towards devolution had already begun, and this was recognised in the Government’s White Paper. Whilst the Council knew at some point it would need to look at further devolution and the possibility of structural change to support wider public service reform, the creation of the CCA indicated a review would be needed within 3 years. It was believed that time would be taken to review arrangements in a considered way, with the White Paper notably avoiding statements around top-down imposition or compulsion..
    • Unfortunately the Government in their proposal included a temptation for those who believed that they may lose their seats in next May’s planned County Council elections. They offered Councils with elections next year the possibility to postpone those elections if they put forward proposals for deepening devolution, accepting a Mayor, and reorganising Local Government into Unitary Authorities.
    • The partnership work with District and County Council had been solid and respectful up until this point. Regretfully, in a nakedly-blatant political move and an abhorrent anti-democratic attempt to hold on to power, the Conservative Leader of Devon County Council was considering putting forward a proposal for Devon and Torbay to join together and create a huge Unitary Council that would cover all of Devon and nearly 1 million people. As a way to delay what many see as the inevitable downfall of his administration, he seems to be openly suggesting that Government holds off from the whole ‘democracy’ thing for a while.
    • The Leader of Devon County Council had still not approached this Council’s Leader to explain his rationale, but he had planned an extraordinary meeting in January to vote through the proposal and was quoted in the National Press  ...  view the full minutes text for item 262.

    263.

    Questions in accordance with Procedure Rule 11

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

    Minutes:

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

     

    There were no questions.

     

     

    264.

    Special Urgency Decisions

    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 Chair informed the meeting that no such decisions had been taken in that period.

     

     

    265.

    Questions to Cabinet Members

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

    .

     

    Minutes:

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

    266.

    Members Business

    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:

    The Chair informed the meeting that were no Members Business.