Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors Mrs A R Berry, K I Busch, J M Downes, Mrs B M Hull and R L Stanley.

To approve as a correct record the Minutes of the Meeting of Council on 6 January 2016

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.

The minutes of the meeting held on 6 January 2016 were agreed as a correct record and signed by the Chairman.

The Chairman to receive on behalf of the Council an award presented to officers for the best small market at a recent event.

Mrs Zoe Lentell and Mrs Amy Dugard presented an award to the Chairman from the National Association of British Market Authorities which they had received for the Electric Nights Market events in Tiverton. 

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

The Chairman had the following announcements to make:

·         Prior to the meeting he had presented a Long Service Award to Ms Emma Bird (Customer Services) who had completed 25 years service with the District Council.

·         He welcomed Stephen Walford (Chief Executive) to his first meeting of the Council.

·         Following discussions at the Standards Committee, he requested that Members continue to stand when speaking.

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

Mr Smith (Chair of Cullompton Town Team) referring to (Cabinet 28 January 2016) Minute 130 – Masterplan – North West Cullompton Urban Extension) asked that the Council make every effort to ensure that the North West Extension is built in accordance with the Design Manual for Roads and Bridges and not the Manual for Streets (MfS).  With houses facing onto a new busy road, death or injury would be inevitable.  He then quoted from a letter that had been sent to Members in which he stated that:

At a meeting of the Cullompton Town Team on the 4^th February, we were shocked and alarmed at a report that was received concerning the Northern Relief Road planned from Tiverton Road to Willand Road.  The Town Team has requested that I write to you on their behalf.

It was reported from the meeting in Cullompton on Thursday 28^th January that Ian Sorensen had held to his view that this should be a narrow street with houses fronting directly onto it “to use pedestrians to slow the traffic down”.

Brian Hensley’s email reply to John Berry on 15^th February 2016 demonstrates a catastrophic misinterpretation of the Manual for Streets (MfS).  He says “Kingfisher Reach was agreed through an unusual route. Mid Devon planning committee members originally wanted an extension of Swallow Way, to a similar standard. That type of layout, with a separate distributor road was much more expensive and was effectively made obsolete by the introduction of the Manual for Streets in 2007.”

There is no way that the MfS made a Swallow Way standard of road obsolete – please read again the MfS title page:- “Manual for Streets, published March 2007, gives new advice for the design of residential streets in England and Wales. It represents a strong Government and Welsh Assembly commitment to the creation of sustainable and inclusive public spaces.”

Please also read again the Introduction:- “ Its (MfS) scope is limited to residential and other lightly trafficked streets, although some of its principles may be applied to other road types where appropriate. It is not, however, meant to be used for trunk routes of any description, as these roads are covered by the Highways Agency’s Design Manual for Roads and Bridges. “

Kingfisher Reach is now a continuation of Swallow Way which is a distributor road.  Recently, the junction between Swallow Way and Kingfisher Reach was consciously altered so that all of the Swallow Way traffic is directed through Kingfisher Reach – so it is obviously not “lightly trafficked”  and is so outside the scope of the MfS.

Mr Brunt again referring to (Cabinet 28 January 2016) Minute 130 – Masterplan – North West Cullompton Urban Extension) stated that: I have been a Cullompton Resident for over 40 years.  I own the 18 acres of land to the western edge of the allocated development area under the masterplan and wanted to be involved in the  ...  view the full minutes text for item 118.

To receive any petitions from members of the public.

There were no petitions from members of the public.

(1)  Motion 524 (Councillor Mrs C Collis 16 February 2016)

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

That the Council supports the removal and cessation of the use of all polystyrene cups and all food containers from all council offices and associated premises.

The use of such containers continues to place non biodegradable waste into landfill sites that will take hundreds of years to degrade and continues to threaten wildlife when digested.

Any and all such containers if used as disposable drinks or food containers should be fully certified as biodegradable or easily recycled within normal recycling parameters.

In accordance with Procedure Rule 13.4, this Motion (if moved and seconded) will be referred without discussion to the Managing the Environment Policy Development Group.

(1)          Motion 24 (Councillor Mrs C Collis  – 16 February 2016)

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

That the Council supports the removal and cessation of the use of all polystyrene cups and all food containers from all council offices and associated premises.

The use of such containers continues to place non biodegradable waste into landfill sites that will take hundreds of years to degrade and continues to threaten wildlife when digested.

Any and all such containers if used as disposable drinks or food containers should be fully certified as biodegradable or easily recycled within normal recycling parameters.

The MOTION was MOVED by Councillor Mrs C Collis and seconded by Councillor Miss C E L Slade In accordance with Procedure Rule 13.4, the Chairman had ruled that this MOTION STAND REFERRED to the Managing the Environment Policy Development Group.

To receive and consider the reports, Minutes and recommendations of the Committee as follows:

(1)   Cabinet

-       14 January 2016

-       28 January 2016

-       11February 2016

The Leader presented the report of the meeting of the Cabinet held on 14 January.

The Council had before it a questions* submitted by Councillors: Mrs N Woollatt and Mrs J Roach in accordance with Procedure Rule 12.2(1) together with responses from the Cabinet Member for the Environment.

Councillor Mrs N Woollatt asked a supplementary question in accordance with Procedure Rule 12.2(6)(a) regarding whether the parking meters could be replaced to allow the public to overfeed the meter if there was an overlap in parking times.

The Head of Finance suggested that this was possible.

Councillor Mrs J Roach asked a supplementary question in accordance with Procedure Rule 12.2(6)(a) regarding the differences in the public notice and the published schedule and it was felt that the detail should be mirrored in both documents.

The Head of Finance stated that the public notice was a summary of the schedule.  The full schedule was available at the Council offices.

Note:- * Questions and responses circulated at the meeting, copy attached to minutes.

The Head of Planning and Regeneration gave a presentation to Members with regard to the details of the masterplanning exercise that had taken place to formulate the document before them. The Core Strategy adopted in 2007 established a growth strategy which concentrated development within the main settlements of the district including Cullompton. An urban extension on the NW side of Cullompton was established within the Allocations and Infrastructure Development Plan Document This was adopted in January 2010 following extensive public consultation and examination by a Planning Inspector. The urban extension had therefore been established in adopted planning policy for some 16 years with land on this side of Cullompton having been accepted as being an appropriate location to help meet the growth needs of the town. The urban extension was allocated on this basis to provide housing and employment, together with associated infrastructure.  The masterplan before Members suggested 1120 houses with 10,000 sq.m of floor space the reduction in employment land was due to a recent employment land review which had stated that employment land in the area had been overprovided as there was employment land allocated at Week Farm and Venn Farm on the other side of Cullompton.   The employment land review was based on an assessment of demand, supply and market signals.  The plan also set out the location of the school, dwellings, green infrastructure, employment land, affordable housing, a gypsy and traveller site, road infrastructure and a community centre. The Masterplan also set out the triggers and phasing for development.

In answer to Mr Brunt’s question she stated that his land was allocated in the planning policy but had not been added to the masterplan process, correspondence had been sent to Mr Brunt on the outset of the process making it clear that the masterplanning process was in the control of the Council. There had been a lack of engagement from Mr Brunt and at no time had the Council prevented him from taking part in the masterplanning process, but this could be overcome by an addendum to the plan.  The authority had worked in partnership with the land owners and had overseen the preparation of the masterplanning exercise. 

With regard to the temporary access at St Georges View which would be used to serve the early land parcels prior to the opening of the new road.  It was recognised that traffic management measures would need to be secured.  The masterplan did not design the road; this would be dealt with at the planning application stage.  Further meetings would be held at the pre-application stage with local residents, Ward Members and the Highway Authority.

Mr Hensley (Devon County Council, Highway Authority) in reply to Mr Smith’s question referred him to the Manual for Streets 2 published in 2010 which covered the issue of frontage development in 20, 30 and 40 mph areas.

The Leader presented the report of the meeting of the Cabinet held on 28 January.

Arising thereon:

(1)        Masterplan – Cullompton North West Urban  ...  view the full minutes text for item 122.

The Leader presented the report of the meeting of the Cabinet held on 11 February 2016.

Arising thereon:

The Council had before it a question with regard to Minute 138 (Clinical Waste)* submitted by Councillor J Roach in accordance with Procedure Rule 12.2(1) together with a response from the Leader.  Councillor Mrs J Roach asked a supplementary question in accordance with Procedure Rule 12.2(6)(a) whether colostomy bags and catheters could be put in general waste or whether this was clinical waste.

The Head of Finance suggested that consultation would take place with all users of the clinical waste scheme including health providers. With regard to whether colostomy bags and catheters were clinical waste he would ask that the Waste and Transport Manager to provide a written response.

(1)        Cullompton Article 4 Direction Review (Minute 147)

The Leader MOVED, seconded by Councillor Mrs N Woollatt

THAT the recommendation of the Cabinet as set out in Minute 147 be ADOPTED.

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

(2)          Corporate Plan (Minute 149)

The Leader MOVED, seconded by Councillor C R Slade:

THAT the recommendation of the Cabinet as set out in Minute 149 be ADOPTED.

Following clarification that the informative note did not form part of the recommendation; Councillor Mrs Roachwithdrew her amendment.

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

The Council had before it questions* submitted by Councillor J Roach in accordance with Procedure Rule 12.2(1) together with responses from the Leader.

Note:- * Questions and responses circulated at the meeting, copy attached to minutes.

(3)          Budget (Minute 151)

The Leader MOVED, seconded by Councillor P H D Hare-Scott:

THAT the recommendation of the Cabinet as set out in Minute 149 (a) – (g) be ADOPTED.

Councillor N A Way MOVED an AMENDMENT seconded by Councillor R Wright that an additional resolution be added to Minute 151 “Subject to the car parking charges in the three main towns continuing at the current level and that this be funded by abolishing the posts of Tiverton Town Centre Manager and Market Manager saving £90k (including on costs). The remaining balance of circa £53k to be taken from general reserves and that the Pannier Market operation should move to a trader self-regulated or co-operative model”.

Following debate, the Chairman MOVED in accordance with Procedure Rule 18.7:

“THAT the vote in respect of the AMENDMENT shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting FOR the MOTION: Councillors: F W Letch, Mrs J Roach, L D Taylor, N A Way and R Wright.

Those voting AGAINST the MOTION: Councillors Mrs E M Andrews, Mrs H Bainbridge, Mrs J B Binks, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, Mrs G Doe, C J Eginton, R Evans, S  ...  view the full minutes text for item 123.

To consider a report of the Head of Finance setting out the formal Council Tax Resolution.

The Chairman MOVED,

“THAT the Council Tax for 2016/17 be increased by 2.74% being £187.15 (in accordance with the revised referendum limit ability of £5.00 per Band D property)”

With regard to the draft Council Tax resolution in respect of the year 2016/17.

The Chairman MOVED the resolutions to confirm the requirement from the Collection Account for the year 2016/17.

Following debate, the Chairman MOVED in accordance with Procedure Rule 18.7:

“THAT the vote in respect of this item shall be by Roll Call”

A roll call of Members present at the meeting was then taken.

Those voting FOR the MOTION: Councillors:  Mrs H Bainbridge, Mrs J B Binks, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, W J Daw, R M Deed, Mrs G Doe, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, T G Hughes, D J Knowles, F W Letch, B A Moore, R F Radford, F J Rosamond, C R Slade, Miss C E L Slade, Mrs E J Slade, J D Squire, Mrs M E Squires, L D Taylor, N A Way and Mrs N Woollatt.

Those voting AGAINST the MOTION: Councillors: Mrs J Roach and J L Smith

Those ABSTAINING from voting Councillor: R J Dolley.

The MOTION was declared to have been CARRIED and it was accordingly:-

RESOLVED that the recommendations within the report be approved.

Note: *Report previously circulated, copy attached to signed minutes

2)    Scrutiny Committee

-            25 January 2016

-            22 February 2016  (to follow)

(3)   Audit Committee

-      19 January 2016 

(4)   Managing the Environment Policy Development Group

-            12 January 2016

(5)   Decent and Affordable Homes Policy Development Group

-            26 January 2016

(6)   Community Well Being Policy Development Group

-            2 February 2016

(7)   Planning Committee

-             13 January 2016

-             10 February 2016

(8)   Standards Committee

-            3 February 2016

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 25 January 2016.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 22 February 2016.

Councillor Mrs J Roach had reserved the right to ask a question with regard to the contents of this meeting (Procedure Rule 12.2(1) did not apply as the meeting had taken place following the deadline for written questions). She raised concern regarding the content of the enforcement report and whether the detail in the Part II section had been necessary.

The Chairman of Scrutiny replied stating that the Chief Executive had been tasked to look at the issue of Planning Enforcement.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 19 January 2016.

The Chairman of the Managing the Environment Policy Development Group presented the report of the meeting of the Group held on 12 January 2016

The Chairman of the Decent and Affordable Homes Policy Development Group presented the report of the meeting of the Group held on 26 January 2016.

The Vice Chairman of the Community Well Being Policy Development Group presented the report of the meeting of the Group held on 2 February 2016

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 13 January 2016.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 10 February 2016.

(1)          Constitution

The Chairman of the Standards Committee MOVED, seconded by Councillor N V Davey:

“THAT the recommendation of the Standards Committee as set out in Minute 15 be ADOPTED”.

Councillor Mrs J Roach MOVED an AMENDMENT seconded by Councillor R M Deed: THAT:- Minute 15 be amended as follows: That the draft Constitution be approved subject to the removal of the last paragraph on page 30 commencing ‘The caveat’.

Following debate and upon a vote being taken, the AMENDMENT was declared to have FAILED.

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

Note:  Councillor R J Dolley requested that his abstention from voting be recorded

Members are requested to consider an amendment to the current Schedule of Meetings: amending the date of the Annual Council Meeting from Wednesday 4 May 2016 to Tuesday 10 May 2016. (due to staff resource and room availability for the PCC Election taking place on 5 May 2016).

The Council had before it a recommendation regarding a proposed amendment to the date of the Annual Meeting.

The Chairman MOVED, that the date of the Annual Council Meeting  be moved from Wednesday 4 May 2016 to Tuesday 10 May 2016 (due to staff resource and room availability for the Police and Crime Commissioners (PCC) Election taking place on 5 May 2016).

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

To appoint two Members of the Ungrouped to the Planning Committee following the resignation of Councillors J L Smith and R J Dolley from this Committee.

Following the resignation of Councillors R J Dolley and J L Smith from the Planning Committee, it was necessary to fill the vacancies with  Members of the Ungrouped.

Following discussion, no proposals were put forward.

To receive a report of the Chief Executive giving Members the opportunity to formally consider and agree the prospectus for a devolution bid for the Heart of the South West to be submitted to central Government.

The Council had before it a * report of the Chief Executive requesting Members  to formally consider and agree the prospectus for a devolution bid for  the Heart of the South West to be submitted to central Government.

The Leader outlined the contents of the report.

Consideration was given to the process following approval of the bid.

The Leader MOVED, seconded by Councillor R J Chesterton that:

a)    The submission to be presented to Government as an invitation to commence further discussions as necessary be endorsed.

b)    The Leader of the Council and the Chief Executive be given delegated authority to continue further discussions as necessary.

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

The Council had before it a questions* submitted by Councillor Mrs J Roach in accordance with Procedure Rule 12.2(1) together with responses from the Leader.

Notes: 

i)          * Report previously circulated, copy attached to minutes;

ii)         * Questions and responses circulated at the meeting, copy attached to minutes.

To deal with any questions raised pursuant to Procedure Rule 12 not already dealt with during the relevant Committee report.

There were no questions submitted under Procedure Rule 12.2.

Cabinet Members will answer questions from Members on their Portfolios.

There 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.

a)        The Leader informed Council that the State of the District Debate would take place on Wednesday 25 May 2016, in the Town Hall, Tiverton.  The subject of the debate would be Rural versus Urban funding.

b)        Councillor N A Way stated that at the County Council meeting last week, it was agreed that lollipop people would no longer be funded; this would impact on 8 schools across the district.  The subject would be further discussed at County Council Scrutiny in March.