Agenda and minutes

To receive any apologies for absence.

Apologies were received from Councillors Mrs E M Andrews and R F Radford.

To approve as a correct record the Minutes of the Meeting of Council on 14 December 2016.

To approve as a correct record the Minutes of the Extraordinary Meeting of Council held on 5 January 2017.

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 14 December 2016 were agreed as a correct record and signed by the Chairman.

The minutes of the extraordinary meeting held on 5 January 2017 were agreed as a correct record and signed by the Chairman.

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

The Chairman reminded those present that he was holding his annual Civic Church Service on Sunday 12^th March at St. Andrews Parish Church in Cullompton. All Members were welcome to attend both the church service and the tea afterwards in the Community Centre. He hoped that as many as possible would be able to come and support both he as Chairman and the local community.

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

Michael Szabo from Crediton Town Council asked a question about a lack of car parking spaces in Crediton and the fact that a situation had arisen in the town recently where one large good sized business which is located on the main road right next to Newcombes Meadow park, called The Bike Shed, has acquired the Mole Avon site at the other end of town and  wanted to ask would this Council consider opening exploratory talks with the owner of The Bike Shed with the idea of possibly buying the site, converting it to a car park, which easily has room for at least 60 spaces plus and thereby earning some revenue for this Council and of course providing car parking spaces for the people across Crediton?

The Chairman stated that this would be noted. Any ideas coming forward like that needed to be discussed.

Honorary Alderman Mel Lucas stated that he had three questions on item 8, Council Tax Resolution 2017/18. They related to the 3% adult social care Devon County Council figure. The first question was, is this an annual on-going percentage increase or just a one off increase? The second question was, has a special budgetary area been set up by Devon County Council to ensure that monies so collected are ear marked for adult social care only, I make that comment because we all pay car tax, I am still to see any of that money going into roads. It is something that is very important as I and you are all now going to pay this extra 3%. Thirdly, whilst not specifically on item 8, it does concern item 8 for both myself and other peoples as well who pay by direct debit, can I have assurance from Council that my banking particulars relating to direct debit for Council Tax are secure based on the current situation concerning security in regards to banking details held by a third party? I bring that to your attention because there has been quite a lot in the press recently and I as a member of the public who pays through direct debit would like that assurance.

Andrew Jarrett, the Director of Finance, Assets and Resources, responded by stating that as far as the Devon County adult social care precept, the government have legislated that they are allowed to increase their share of the precept by 3% for this year and next so they are capped to a 6% maximum increase for the next two years. That doesn’t mean they have to raise it by that amount but that is the maximum they can do. There is no commentary about what may happen thereafter. Devon County Council are statutorily required by the DCLG to give statutory returns back to the DCLG to ensure that every single penny raised by that additional 3% precept is earmarked and only spent on adult social care provision. Regarding the direct debit details, I can assure you that your banking information is secured  ...  view the full minutes text for item 126.

To receive any petitions from members of the public.

There were no petitions from members of the public.

(1)Motion 531 (Councillor T W Snow – 17 November 2016)

The following motion had been referred to the Homes Policy Development Group for consideration and report:

That as MDDC owns the land at Station Yard that we investigate and develop this land for our own local Council housing needs. This would help the extreme housing needs of our local residents as the cost of any houses built would be reduced by having no land purchase cost involved.

That our MP be kept informed in order to support this motion.

The Homes Policy Development Group at its meeting on 17 January considered the Motion and supported it with an amendment.

In accordance with Procedure Rule 16.6(a) Councillor T W Snow has requested that his Motion be altered to read:

“That as MDDC owns the land at Station Yard that we investigate and consider developing this land, taking all matters into consideration, for our own local Council housing needs. This would help the extreme housing needs of our local residents as the cost of any houses built would be reduced by having no land purchase cost involved.

That our MP be kept informed in order to support this motion.”

(2) Motion 532 (Councillor D R Coren – 5 December 2016)

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

That this council lobby the Government’s Environment, Food and Rural Affairs Committee to work diligently and quickly to seek a more effective and sustainable flood protection policy by looking at the use of natural systems such as leaky dams, tree planting and improved soil management and seek to support the creation of a new English Rivers and Coastal Authority to take over responsibility of the threat of flooding from the Environment Agency.

The Environment Policy Development Group at its meeting on 10 January 2017 considered the Motion and recommended that it be supported.

(3)  Motion 533 (Councillors Mrs N Woollatt – 13 February 2017)

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

Background: The Financial Transactions Tax (FTT) would roll out the current tax on the purchase of shares to other financial assets, such as bonds and derivatives. This could raise over £8 billion of additional revenue a year potentially providing a new source of funding for local councils. The FTT would also help encourage traditional longer term approaches to investment as opposed to extremely short-term, speculative behaviour that characterised the conditions that led to the financial crisis. Changing such behaviour is necessary to create a more responsible and stable financial system going forward.

Council notes:
• the suffering forced upon local residents as a result of the massive cuts in central grant over recent years which are detrimentally affecting our ability and that of other public services to serve our communities effectively;
• that extending the current FTT on shares to other asset classes such as bonds and derivatives could raise £8bn of additional revenue in the UK a  ...  view the full agenda text for item 128.

(1)Motion 531 (Councillor T W Snow – 17 November 2016)

The following motion had been referred to the Homes Policy Development Group for consideration and report:

That as MDDC owns the land at Station Yard that we investigate and develop this land for our own local Council housing needs. This would help the extreme housing needs of our local residents as the cost of any houses built would be reduced by having no land purchase cost involved.

That our MP be kept informed in order to support this motion.

The Homes Policy Development Group at its meeting on 17 January considered the Motion and supported it with an amendment.

In accordance with Procedure Rule 16.6(a) Councillor T W Snow had requested that his Motion be altered to read:

“That as MDDC owns the land at Station Yard that we investigate and consider developing this land, taking all matters into consideration, for our own local Council housing needs. This would help the extreme housing needs of our local residents as the cost of any houses built would be reduced by having no land purchase cost involved.

That our MP be kept informed in order to support this motion.”

Following discussion and upon a vote being taken, the Motion was declared to have FAILED.

(2)Motion 532 (Councillor D R Coren – 5 December 2016)

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

That this council lobby the Government’s Environment, Food and Rural Affairs Committee to work diligently and quickly to seek a more effective and sustainable flood protection policy by looking at the use of natural systems such as leaky dams, tree planting and improved soil management and seek to support the creation of a new English Rivers and Coastal Authority to take over responsibility of the threat of flooding from the Environment Agency.

The Environment Policy Development Group at its meeting on 10 January 2017 considered the Motion and recommended that it be supported.

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

(3)  Motion 533 (Councillors Mrs N Woollatt – 13 February 2017)

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

Background: The Financial Transactions Tax (FTT) would roll out the current tax on the purchase of shares to other financial assets, such as bonds and derivatives. This could raise over £8 billion of additional revenue a year potentially providing a new source of funding for local councils. The FTT would also help encourage traditional longer term approaches to investment as opposed to extremely short-term, speculative behaviour that characterised the conditions that led to the financial crisis. Changing such behaviour is necessary to create a more responsible and stable financial system going forward.

Council notes:
• the suffering forced upon local residents as a result of the massive cuts in central grant over recent years which are detrimentally affecting our ability and that of other public  ...  view the full minutes text for item 128.

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

(1)   Cabinet

-       5 January 2017

-       2 February 2017

The Leader presented the report of the meeting of the Cabinet held on 5 January 2017.

(1)          Building Control Partnership between Mid Devon District Council and North Devon District Council (Minute 116)

The Leader MOVED, seconded by Councillor R J Chesterton:

THAT the recommendation of the Cabinet as set out in Minute 116 be ADOPTED.

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

(2)   Proposed Greater Exeter Strategic plan (Minute 119)

The Leader MOVED, seconded by Councillor R J Chesterton:

THAT the recommendation of the Cabinet as set out in Minute 119 be ADOPTED.

Councillor Mrs R Roach MOVED an AMENDMENT, seconded by Councillor Mrs N Wollatt that a further resolution be added as follows:

(12) Prior to any formal agreement to cede powers by MDDC that a consultation exercise will be held in order to ascertain the views of the residents of MDDC. This is to include a state of the district debate.

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.

(1)   Strategy for Tiverton 2017/27 (Minute 131)

The Leader MOVED, seconded by Councillor R J Chesterton:

THAT the recommendation of the Cabinet as set out in Minute 131 be ADOPTED.

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

(2)       Proposed Heart of the South West Partnership Governance Report (Minute 138)

The Leader MOVED, seconded by Councillor C R Slade:

THAT the recommendation of the Cabinet as set out in Minute 138 be ADOPTED.

Councillor Mrs J Roach MOVED an AMENDMENT seconded by Councillor Mrs N Woollatt that the following be added to recommendation b):

‘That a state of the district debate be held to enable the people of MDDC to have a say in the future governance of the district.’

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.

(3)       Budget (Minute 140)

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

THAT the recommendation of the Cabinet as set out in Minute 140 (a) – (h) be ADOPTED.

Following debate, the Chairman MOVED in accordance with Procedure Rule 19.4:

“THAT the vote in respect of this MOTION 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, K Busch, 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, R J Dolley, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, T G Hughes, Mrs B M Hull, D J Knowles, B A Moore, Mrs J Roach, F J Rosamond, C Slade, Miss C E L Slade, Mrs E Slade, J L Smith, T W Snow, J D Squire, Mrs M E Squires, R L Stanley and Mrs N Woollatt.

Those ABSTAINING from voting: Councillors J M Downes, F W Letch, L D Taylor, N A Way and R Wright.

 The MOTION was declared to have been CARRIED.

The Council had before it a question * submitted by Councillor Mrs J Roach in accordance with Procedure Rule 13.2 together with a response from the Head of Finance, Assets and Resources.

Note: *Question previously circulated, copy attached to signed minutes.

(4)   Capital Programme (Minute 141)

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

THAT the recommendation of the Cabinet as set out in Minute 141 (a) – (b) be ADOPTED.

Following debate, the Chairman MOVED in accordance with Procedure Rule 19.4:

“THAT the vote in respect of this MOTION 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, K  ...  view the full minutes text for item 130.

To consider a report of the Director of Finance, Assets and Resources setting out the formal Council Tax Resolution.

The Chairman MOVED,

“THAT the Council Tax for 2017/18 be increased by 2.67% being £192.15 (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 2017/18.

The Chairman MOVED the resolutions to confirm the requirement from the Collection Account for the year 2017/18.

Following debate, the Chairman MOVED in accordance with Procedure Rule 19.4:

“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, K Busch, 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, R J Dolley, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, T G Hughes, Mrs B M Hull, D J Knowles, B A Moore, Mrs J Roach, F J Rosamond, C Slade, Miss C E L Slade, Mrs E Slade, J L Smith, J D Squire, Mrs M E Squires, R L Stanley and Mrs N Woollatt.

Those ABSTAINING from voting: Councillors J M Downes, F W Letch, L D Taylor, N A Way and T W Snow.

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 the signed minutes.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 16 January 2017.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 13 February 2017.

The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 24 January 2017.

Arising thereon:

(1)   Arrangements for the appointment of external auditors from 2017/18 (Minute 71)

The Chairman of the Audit Committee MOVED, seconded by Councillor Mrs C A Collis:

THAT the recommendation as set out in Minute 71 be ADOPTED.

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

The Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 10 January 2017.

The Chairman of the Homes Policy Development Group presented the report of the meeting of the Group held on 17 January 2017.

The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 19 January 2017.

The Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 31 January 2017.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 4 January 2017.

The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 1 February 2017.

The Chairman of the Standards Committee presented the report of the meeting of the Committee held on 25 January 2017.

(1)          Standards regime – Peer Review - Code of Conduct (Minute 29, 1, (a – b))

The Chairman of the Standards Committee MOVED, seconded by Councillor C R Slade:

THAT the recommendation of the Standards Committee as set out in Minute 29, 1 (a-b), be ADOPTED.

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

(2)          Standards Regime – Peer Review - Disclosable Pecuniary Interest (Minute 29, 2, (a-c))

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 29, 2 (a-c), be ADOPTED.

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

(3)          Standards Regime – Peer Review – Arrangements for Dealing with Misconduct Complaints (Minute 29, 3, (a-g))

The Chairman of the Standards Committee MOVED, seconded by Councillor Mrs C A Collis:

THAT the recommendation of the Standards Committee as set out in Minute 29, 3 (a-g), be ADOPTED.

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

(4)          Standards Regime – Peer Review – Sanctions (Minute 29, 4, (a-b))

The Chairman of the Standards Committee MOVED, seconded by Councillor B A Moore:

THAT the recommendation of the Standards Committee as set out in Minute 29, 4 (a-b), be ADOPTED.

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

(5)          Standards Regime – Peer Review - Appeals Against Decision      (Minute 29, 5)

The Chairman of the Standards Committee MOVED, seconded by Councillor Mrs C A Collis:

THAT the recommendation of the Standards Committee as set out in Minute 29, 5 be ADOPTED.

Councillor Mrs R Roach MOVED an AMENDMENT, seconded by Councillor Mrs N Woollatt that the recommendation be deleted and replaced with the following:

‘That consideration is given to this Council having an appeals process.’

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

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

Notes: (i) Councillor R L Stanley requested that his abstention from voting           

with regard to the amendment be recorded.

(ii) Councillor Mrs J Roach requested that her vote against the final decision be recorded.

(iii) Councillors R Evans, Mrs G Doe, F W Letch and Mrs N Woollatt requested that their abstentions from voting with regard to the final decision be recorded.

(6)          Standards Regime – Peer Review – Independent Persons (Minute 29, 6 (a – e))

The Chairman of the Standards Committee MOVED, seconded by Councillor Mrs C A Collis:

THAT the recommendation of the Standards Committee as set out in Minute 29, 6 (a - e), be ADOPTED.

Upon a Vote being taken, the MOTION was declared to have been CARRIED  ...  view the full minutes text for item 141.

To deal with any questions raised pursuant to Procedure Rule 13 not already dealt with during the relevant Committee report.

There were no questions submitted under Procedure Rule 13.2.

To receive a report of the Director of Corporate Affairs and Business Transformation informing Members of recommendations from the review undertaken by the Independent Remuneration Panel.

The Council had before it a * report of the Director of Corporate Affairs and Business Transformation informing Members of a review undertaken by the Independent Remuneration Panel and their recommendations.

The Chairman MOVED, THAT:

a)    That the Basic Allowance to be paid to all Councillors remain at the current level of £4,865 pa with any increases being linked to the staff pay award.

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

The Chairman MOVED, THAT:

b)    That Special Responsibility Allowances be paid to the following Members at the unchanged levels indicated below:

Councillor J L Smith MOVED an AMENDMENT seconded by Councillor R J Dolley that Special Responsibility Allowances be reduced by 10% and paid to the following Members at the levels indicated below:

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.

The Chairman MOVED, THAT:

c)    To confirm that no Member should be entitled to claim more than one Special Responsibility Allowance.

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

The Chairman MOVED, THAT:

d)    Carers’ allowances be calculated on the current basis namely, the actual expenditure up to the national living wage of a person over 25.

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

The Chairman MOVED, THAT:

e)  That travel allowances be linked to HMRC rates and calculated at the national levels indicated, currently:

·         45p per mile for the first 10,000 miles

·         25p per mile thereafter

·         5p per mile per passenger carried (up to a maximum of 4 passengers payable to the driver)

·         25p per mile for pushbikes

                NB: To be increased in line with HMRC rates from 1 April 2017 once known.

                That only travel from within the Mid Devon border to attend an official duty be recompensed to the Member.

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

The Chairman MOVED, THAT:

f)        That the subsistence allowances be linked to those of the staff, currently these are as follows:

o   Breakfast - £7.02      

o   Lunch - £9.70                                               

o   Tea - £3.81                

o   Dinner - £12.00        

                   NB: To be increased in line with  ...  view the full minutes text for item 143.

Cabinet Members will answer questions from members on their Portfolios.

(i)  Councillor J L Smith requested an update on the two building sites at Palmeston Park and Westexe.

    Councillor Mrs C P Daw stated that she was very concerned about health and safety issues at Palmeston Park as well as drainage issues.

    The Cabinet Member for Housing stated that he would provide an update during Members Business.

    Note: Councillor Mrs C P Daw declared a personal interest as she was a resident at Palmeston Park.

(ii) Councillor Mrs N Woollatt stated that residents paying Council Tax had a legal right to pay over 12 months. She had observed that the instalment options were available on the website but many people were still not aware they could pay over this length of time. She asked whether this option could be more widely publicised?

    The Cabinet Member for Finance stated that it could.

(iii)  Councillor R Evans asked the following questions in relation to Junction    27 and the Local Plan:

a)    Given the inclusion of the allocation of land at J27 in the local plan, is it now possible for a developer to submit a major planning application prior to an inspector ruling on the soundness of the plan?
 

b)    Would any such application put forward whilst the council is deemed not to have an up to date plan in place usurp the masterplanning process?

c)    If this is the case can this Council ensure that this is considered and     appropriate actions taken now to ensure any major applications received whilst the plan is awaiting inspection and comment are required to undergo the masterplanning exercise?

    The Cabinet Member for Planning and Regeneration responded to each question:

a)    Yes, it is a decision for a land owner or promoter /developer whether to submit a planning application and when. This is irrespective of whether the development in question is allocated in a plan or not and irrespective of the timing of the Inspector’s decision on the plan.

b)    At present there is no adopted site specific development plan policy for proposed development at J27. The policy in the Local Plan Review requiring a masterplanning exercise be carried out  before the determination of any planning application is draft and subject to objection. It currently carries very little weight. Once the plan is submitted (anticipated end of March) there would then become an assumed policy framework, albeit one that hasn’t yet been tested by the inspector and in terms of this site is subject to objection. From this period on, the weight in planning terms strengthens as time goes on until such time as the plan is adopted, at which point it then becomes the explicit planning policy for Mid Devon.

Given the significance of the site, we would expect proposals to be consulted on before any application is received. Once the plan is adopted, the policy wording is fairly specific and tightly-worded to require a masterplan to be adopted as a supplementary planning document. This will require 2 stages of public consultation:  ...  view the full minutes text for item 144.

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

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

Councillor R L Stanley informed Members that Pemberton Homes had been under contract to complete by March. However, after little progress had been made at Birchen Lane and Palmeston Park two notices had been issued which had been ignored due to the developer having significant financial problems. The developer had subsequently gone into administration. Discussion as to what would happen next would take place at the Cabinet meeting the following week to which all Members were welcome.

He referred to an article in the press regarding these sites which he felt was factually incorrect in every detail forcing him to write a rebuttal. The company which had been referred to in the article had not gone into bankruptcy. He specifically explained to Members the system used to secure adequate drainage on sites in order to allay any fears amongst local residents.

With regards to health and safety concerns he assured Members that the area was secured with Harris fencing but he would ask officers to check this again.