Venue: Phoenix Chambers, Phoenix House, Tiverton
Contact: Sally Gabriel
Link: audio recording
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Apologies To receive any apologies for absence. Minutes: Apologies were received from Councillors: K I Busch, T G Hughes, B A Moore and Mrs N Woollatt. |
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Declaration of Interests under the Code of Conduct (00-04-08) Councillors are reminded of the requirement to declare any interest, including the type of interest, and the reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest. Minutes: The following declarations of interest were declared:
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Members to consider whether to approve the minutes as a correct record of the meeting held on 13 December and Extraordinary meeting held on 15 January 2018.
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.
Additional documents:
Minutes: The minutes of the meeting held on 13 December 2017 were agreed as a correct record and signed by the Chairman.
The minutes of the extraordinary meeting held on 15 January 2018 were agreed as a correct record and signed by the Chairman.
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Chairman's Announcements To receive any announcements which the Chairman of the Council may wish to make.
Minutes: The Chairman informed the meeting of his recent visits to Poughill Parish Council and Bradninch Town Council, he had also attended a flag raising event for the LGBT+ History Month at Petroc (Barnstaple). |
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Public Question Time (00-07-14) To receive any questions relating to items on the agenda from members of the public and replies thereto.
Minutes:
Mr Drew referring to the Local Plan Review :I wish to address you with regard to agenda item 10(2). I live in a house on Turnpike, within the Grand Western Canal Conservation Area, that is up to 25 vertical metres below the ground level of the SP2 site at Higher Town. I addressed the Cabinet in the terms recorded on pages 193 and 194 of the public document pack and the Officer’s response is set out on page 201. The key difference between the Officers and I is that the Council says it took account of the existence of the Grand Western Canal Conservation Area in undertaking its Sustainability Appraisal, or SA, which is the only evidence to support SP2. However it says its assessment of impact upon it was undertaken orally and not documented. It should be common ground that the SA itself does not refer to the Grand Western Canal Conservation Area and whilst the later Historic Environment Appraisal says it “lies some distance to the south” there is no analysis of the effect of the allocation upon it. Although not expressly recorded in the Minutes I heard Mrs Clifford say in her response that Officers would be able to give oral evidence at the examination Hearings to supplement the written SA. As a Chartered Town Planner of almost 30 years I am advising you in the strongest possible terms that this approach will be found unsound at the examination. The Planning Inspectorate’s published guidance is that the SA is a prescribed document. The OED defines document as a “piece of written, printed or electronic matter that provides information or evidence”. The Council’s evidence base to support the allocation of SP2 therefore has a gaping hole in it and the Officer’s innocence is betrayed by the claim that they can make good that evidential deficit by giving oral evidence. That is simply not how an examination works. A local plan examination is evidence based and the role of the Inspector is to test the documentary evidence that you rely on to see if policy SP2 is sound. Your Officers are leading you into a metaphoric car crash. It is far more fundamental than a difference of professional opinion, as your Officers characterise it. You might ask why your consultants have not picked up on my point, but it is because it was outside the terms of their remit. They did not review the individual site appraisals. So on my analysis the Council has just wasted 6 months in a belated attempt to get its house in order but only by doing a superficial exercise. The fact is that the Local Plan was signed off by Full Council on 1 December 2016 and, in practical terms, you are no further forward. In progressing what I consider to be a very high risk strategy, by continuing to rely on SP2, it is entirely foreseeable that the Inspector will issue an interim report towards the end ... view the full minutes text for item 110. |
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Petitions (1-09-21) To receive any petitions from members of the public.
Minutes: The Chairman received and the Council noted a petition received from the residents of Crediton with regard to options for the Crediton Council office building. |
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Notices of Motions (1-09-59) (1) Motion 542 (Councillor Mrs J Roach – 30 November 2017)
The following motion had been referred to the Environment Policy Development Group for consideration and report:
That this Council consider the use of recycling trolleys as a pilot project, hopefully in Silverton, as an alternative to assisted collections for those who wish to try out such a system.
The Environment Policy Development Group at its meeting on 9 January 2018 considered the Motion and recommended that it not be supported.
(2) Motion 543 (Councillor F W Letch – 23 January 2018)
The Council had before it a MOTION submitted for the first time:
I ask Council to urge Cabinet to agree to the sale of the Crediton Council Office Building to Crediton Town Council on the same basis as the sale of Tiverton Town Hall to Tiverton Town Council, where precedent has already been set, which is 50% of the buildings restricted value. In accordance with Procedure Rule 14.4, the Chairman of the Council has decided to allow this motion (if moved and seconded) to be dealt with at this meeting
(3) Motion 544 (Councillors: W J Daw, Mrs H Bainbridge, D R Coren, Mrs G Doe, P J Heal, F W Letch and J D Squire – 31 January 2018)
The Council had before it a MOTION submitted for the first time:
That Mid Devon District Council adopt a position of opposition to the continuation of the Right to Buy initiative in order to protect housing stock numbers for those in housing need. As part of that position the Council will lobby both local Members of Parliament and the Housing Minister to seek the end of the current right to buy scheme.?
In accordance with Procedure Rule 14.4, the Chairman of the Council has decided to allow this motion (if moved and seconded) to be dealt with at this meeting
Minutes: (1) Motion 542 (Councillor Mrs J Roach – 30 November 2017)
The following Motion had been referred to the Environment Policy Development Group for consideration and report:
That this Council consider the use of recycling trolleys as a pilot project, hopefully in Silverton, as an alternative to assisted collections for those who wish to try out such a system.
The Environment Policy Development Group at its meeting on 9 January 2018 considered the Motion and recommended that it not be supported.
Following discussion, Councillor Mrs J Roach MOVED and seconded by Councillor R M Deed that in accordance with Procedure Rule 15.1 (e) the MOTION be REFERRED BACK to the Environment Policy Development Group for further consideration; upon a vote being taken, this was AGREED.
(2) Motion 543 (Councillor F W Letch – 23 January 2018)
The Council had before it a MOTION submitted for the first time:
I ask Council to urge Cabinet to agree to the sale of the Crediton Council Office Building to Crediton Town Council on the same basis as the sale of Tiverton Town Hall to Tiverton Town Council, where precedent has already been set, which is 50% of the buildings restricted value.
The MOTION was MOVED by Councillor F W Letch and seconded by Councillor J M Downes.
In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that the Motion be dealt with at this meeting.
Councillor Mrs J Roach had submitted the following AMENDMENT : “Further, the Council urges the Cabinet to agree to apply retrospectively the same method of valuation (50% of restricted value) to the price Silverton room 4 u paid for the redundant toilet block in Silverton it acquired from the Council in 2017 and, if agreed, to use all reasonable endeavours to conclude the re-negotiation”.
The Council had before it a question * submitted in accordance with Procedure Rule 13.2 with regard to the Motion together with a response from the Cabinet Member for Housing and chose at this point to ask a supplementary question in accordance with Procedure Rule 13.7. She stated that Silverton had only paid one instalment with regard to the Silverton Toilet Block and the amount had not been paid in full, therefore the answer to her question was incorrect and she referred to information regarding the sale price of the Tiverton Town Hall. At this point she chose to WITHDRAW her AMENDMENT.
At this point the original MOTION was discussed. The Monitoring Officer informed the meeting that she had advised Members of the Cabinet to abstain from any involvement in the matter so as to protect any decision they may make in future with regard to the issue.
Following debate, Councillor N A Way 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 A R Berry, A Bush, ... view the full minutes text for item 112. |
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Cabinet Report - 4 January 2018 (2-01-34) PDF 270 KB To receive and consider reports, minutes and recommendations of the meetings held as follows:
(1) Cabinet
- 4 January 2018 - 1 February 2018
Additional documents:
Minutes: The Leader presented the report of the meeting of the Cabinet held on 4 January 2018.
(1) Tax Base Calculation (Minute 98)
The Leader MOVED, seconded by Councillor P H D Hare-Scott:
THAT the recommendation of the Cabinet as set out in Minute 98 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Note: Councillors: Mrs J Roach, N A Way and R Wright requested that their abstention from voting be recorded.
(2) Local Enforcement Policy (Minute 103)
The Leader MOVED, seconded by Councillor R J Chesterton:
THAT the recommendation of the Cabinet as set out in Minute 103 be ADOPTED.
Upon a vote being taken the MOTION was declared to have been CARRIED.
The Council had before it a question* with regard to Minute 104 submitted by Councillor Mrs J Roach in accordance with Procedure Rule 13.2 together with a response from the Cabinet Member for Housing.
In accordance with Procedure Rule 13.7 Councillor Mrs J Roach asked the following supplementary question: she hoped that the Forward Plan would be amended so that both items were dealt with at the same time as she could not understand why the Tiverton Town Centre Masterplan and the Tiverton Town Centre could be treated independently when they should be treated holistically with 2 Cabinet Members working together on the project.
The Chief Executive responded by stating that the matter of Tiverton Town Centre was split between the Regeneration and the Property portfolios. Any property decisions would be for the Cabinet to make.
Note *Question previously circulated, copy attached to signed minutes.
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Cabinet Report - 1 February 2018 (2-07-23) Minutes: (1) Market Environmental Strategy (Minute 112)
The Leader MOVED, seconded by Councillor R J Chesterton:
THAT the recommendation of the Cabinet as set out in Minute 112 be ADOPTED.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
(2) National Non Domestic Rates (Minute 114)
The Leader MOVED, seconded by Councillor P H D Hare-Scott:
THAT the recommendation of the Cabinet as set out in Minute 114 (1-3) be ADOPTED.
The MOTION was declared to have been CARRIED.
(3) Budget (Minute 115)
The Leader MOVED, seconded by Councillor P H D Hare-Scott:
THAT the recommendation of the Cabinet as set out in Minute 115 (a) – (h) be ADOPTED.
Following debate, the Chairman MOVED in accordance with Procedure Rule 19.7:
“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 E M Andrews, Mrs H Bainbridge, Mrs A R Berry, Mrs J B Binks, A Bush, 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, Mrs B M Hull, D J Knowles, 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 and R L Stanley.
Those voting AGAINST the MOTION: Councillors: Mrs J Roach and R Wright.
Those ABSTAINING from voting: Councillors R J Dolley, J M Downes, F W Letch, T W Snow, L D Taylor and N Way.
The MOTION was declared to have been CARRIED.
(4) Capital Programme (Minute 116)
The Leader MOVED, seconded by Councillor P H D Hare-Scott:
THAT the recommendation of the Cabinet as set out in Minute 116 (a) – (b) be ADOPTED.
Following debate, the Chairman MOVED in accordance with Procedure Rule 19.7:
“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 A R Berry, Mrs J B Binks, A Bush, 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, J M Downes, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, Mrs B M Hull, D J Knowles, R F Radford, F J Rosamond, C R Slade, Miss C E L Slade, Mrs E J Slade, T W Snow, J D Squire, Mrs M E Squires and R L Stanley.
Those voting AGAINST the MOTION: Councillors: R M Deed, R J Dolley, F ... view the full minutes text for item 114. |
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Council Tax Resolution 2018/2019 (2-25-04) PDF 98 KB To consider a report of the Director of Finance, Assets and Resources setting out the formal Council Tax Resolution. Additional documents: Minutes: The Chairman MOVED,
“THAT the Council Tax for 2018/19 be increased by 2.998% being £197.91 (in accordance with the revised referendum limit ability of 3% or £5 per Band D property)”
With regard to the draft Council Tax resolution in respect of the year 2018/19.
The Chairman MOVED the resolutions to confirm the requirement from the Collection Account for the year 2018/19.
The Chairman MOVED in accordance with Procedure Rule 19.7:
“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 A R Berry, Mrs J B Binks, A Bush, 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, J M Downes, C J Eginton, R Evans, S G Flaws, Mrs S Griggs, P H D Hare-Scott, P J Heal, Mrs B M Hull, D J Knowles, 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, R L Stanley and L D Taylor.
Those voting AGAINST the MOTION: Councillors; Mrs J Roach and T W Snow.
Those ABSTAINING from voting: Councillors: Mrs E M Andrews, R J Dolley and N A Way.
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.
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Cabinet - Report - 9 February 2018 (2-28-32) PDF 140 KB
To receive and consider the reports, minutes and recommendations of the meetings as follows:
2) Special Meeting of the Cabinet - Local Plan Review
- 9 February 2018
3) Scrutiny Committee
- 15 January 2018 - 26 January 2018 - 12 February 2018 – to follow
4) Audit Committee
- 23 January 2018
5) Environment Policy Development Group
- 9 January 2018
6) Homes Policy Development Group
- 16 January 2018
7) Economy Policy Development Group
- 11 January 2018
8) Community Policy Development Group
- 30 January 2018
9) Planning Committee
- 3 January 2018 - 31 January 2018
Additional documents:
Minutes: The Leader presented the report of the meeting of the Committee held on 9 February 2018.
Arising thereon:
1. LOCAL PLAN REVIEW UPDATE
The Leader MOVED, seconded by Councillor R J Chesterton:
THAT the recommendations of the Cabinet as set out in Minute 127 be ADOPTED.
The Head of Planning, Economy and Regeneration was invited to provide answers to questions posed in public question time.
With regard to the robustness of the process, LUC (Land Use Consultants) were asked for an independent assessment, this was undertaken, they did not look at the site assessments, they felt this unnecessary as the site assessments had already considered reasonable alternatives. It was the officers view that they had considered any reasonable alternatives. Officers were not in the business of making recommendations that were flawed or biased. Officers were of the view that the findings of the review did not steer the Council to a different conclusion from the previous decision made and the plan as submitted.
She had heard all the representations regarding the use of the alternative site at Mountain Oak however it was felt that the Policy SP2 allocation was appropriate. There were several questions regarding transport issues, highway safety, access and pedestrian issues; the Highway Authority had not objected to the site. Improvement would be required to the pedestrian access and a minor modification had been submitted to the Inspector for a further policy criterion proposed with regard to improved pedestrian connectivity. The officer’s view was that we should not change our position with regard to Policy SP2
With regard to the ministerial statement regarding the deadline for submissions: there was still a Government imperative and advice for the speeding up of plan making. Officers had referenced the end of March 2017 for submission and had identified the risk of intervention to be low.
With regard to the questions received from the Inspector on the major modifications to the plan including site SP2, this was all part of the examination process, officers did not believe that the inspector was indicating lack of soundness. There had been no request to date from the Inspector for a pre-examination hearing. Within Planning Inspectorate advice on plan examinations it is stated that Inspectors will seek to identify any fundamental concerns early in the examination process. No such concerns have been raised. Planning Inspectors usually advised if flaws had been found and any issues would have been raised at an early stage; there had been no request for additional information. Policy SP2 meets the standards met by other policies within the plan; the Local Plan was read as a whole and there was a need to have regard to all the policies including Policy DM25.
With regard to the access issues, officers felt that the site was sustainable, particularly with the addition of a new criterion for access and pedestrian issues.
With regard to flood risk from the canal, the sustainability appraisal drew evidence from the strategic flood risk assessment; Officers felt that it ... view the full minutes text for item 116. |
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Scrutiny Committee Report - 15 January 2018 (3-09-31) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 15 January 2018.
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Scrutiny Committee Report - 26 January 2018 (3-10-27) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 26 January 2018.
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Scrutiny Committee Report - 12 February 2018 (3-10-58) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 12 February 2018.
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Audit Committee Report - 23 January 2018 (3-12-44) Minutes: The Chairman of the Audit Committee presented the report of the meeting of the Committee held on 23 January 2018.
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Environment Policy Development Group - 9 January 2018 (3-13-18) Minutes: The Vice Chairman of the Environment Policy Development Group presented the report of the meeting of the Group held on 9 January 2018.
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Homes Policy Development Group - 16 January 2018 (3-14-10) Minutes: The Chairman of the Homes Policy Development Group presented the report of the meeting of the Group held on 16 January 2018.
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Economy Policy Development Group - 11 January 2018 (3-15-12) Minutes: The Chairman of the Economy Policy Development Group presented the report of the meeting of the Group held on 11 January 2018. |
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Community Policy Development Group - 30 January 2018 (3-15-54) Minutes: The Vice Chairman of the Community Policy Development Group presented the report of the meeting of the Group held on 30 January 2018.
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Planning Committee Report - 3 January 2018 (3-17-00) Minutes: The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 3 January 2018.
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Planning Committee Report - 31 January 2018 (3-19-49) Minutes: The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 31 January 2018.
The Head of Planning, Economy and Regeneration was invited to respond to a question posed in public question time: With regard to a response to the questions raised at Council on 13 December, a written response had been provided on 10 January 2018, however many of the questions were directed at Members. In the questions reference had been made to a particular application and she confirmed that the application had been appealed for non-determination. The application would be presented to the Planning Committee on 28 February 2018 as Members would still have to provide clear instruction on the application. Where the Council is looking to defend a planning appeal, officers would do so to the best of their ability.
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Special Urgency Decisions (3-20-52) PDF 76 KB To consider a report of the Leader (and Monitoring Officer) regarding decisions taken under Rule 16 (of the Constitution) Special Urgency – October to December 2017
Minutes: The Council had before it and NOTED a * report of the Leader (and Monitoring Officer) reporting special urgency decisions taken in the preceding quarter.
Consideration was given to the timing of the report and the delay in reporting a decision from October 2017. The Monitoring Officer stated that the procedure for reporting decisions made under the special urgency procedure had been agreed by the Council. It was suggested that the procedure be considered further.
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 Cabinet Member for Housing.
Notes:
i) **Question previously circulated, copy attached to signed minutes.
ii) * Report previously circulated, copy attached to minutes
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Questions in accordance with Procedure Rule 13 To deal with any questions raised pursuant to Procedure Rule 13 not already dealt with during the relevant Committee reports. Minutes: There were no questions submitted under Procedure Rule 13.2 that had not been previously answered.
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Independent Remuneration Panel Report (3-24-15) PDF 77 KB To receive a report of the Group Manager for Legal Services and Monitoring Officer informing Members of recommendations from the review undertaken by the Independent Remuneration Panel.
Additional documents:
Minutes: The Council had before it a * report of the Group Manager for Legal Services and Monitoring Officer 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:
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) Travel allowances be linked to HMRC rates and calculated at the national levels indicated, currently:
o 45p per mile for the first 10,000 miles o 25p per mile thereafter o 5p per mile per passenger carried (up to a maximum of 4 passengers payable to the driver) o 25p per mile for pushbikes o 24p per mile for motorcycles
NB: To be increased in line with HMRC rates from 1 April 2018 once known.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
The Chairman MOVED, THAT:
f) The subsistence allowances be linked to those of the staff, currently these are as follows:
o Breakfast - £7.20 o Lunch - £9.94 o Tea - £3.91 o Dinner - £12.30
NB: To be increased in line with HMRC rates from 1 April 2018 once known.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
The Chairman MOVED, THAT:
g) All claims for travel and subsistence reimbursement be accompanied by an appropriate receipt.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
The Chairman MOVED, THAT:
h) An annual digital allowance of £150 continue to be paid to Member using digital devices only.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
The Chairman MOVED, THAT:
i) Members of the Authority are not entitled to ... view the full minutes text for item 129. |
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Questions to Cabinet Members Cabinet Members will answer questions from Members on their portfolios. Minutes: There were no questions to the Cabinet Members. |
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Members Business (3-27-16) 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: Councillor Mrs J Roach informed the meeting of the passing of David Morrish, she felt that he was a man of strong principles which had stood throughout his long career. These thoughts were also echoed by Councillors C J Eginton and Mrs JB Binks.
Councillor Mrs J Roach also raised the issue of traffic problems and continued damage to Bickleigh Bridge and whether traffic lights should be implemented. Councillor Mrs F J Colthorpe stated that discussion with regard to this issue was ongoing at County Hall and that the idea of traffic lights and the use of CCTV to identify those vehicles damaging the bridge was being considered. |
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Amendments & Written Questions to Council -21 FEBRUARY 2018 PDF 78 KB |