Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr G Cochran, J Frost, R Gilmour, L Kennedy, G Westcott and J Wright.

Cllrs A Cuddy, J Downes and A Glover attended via Teams

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

Sue Griggs

1.    I am a resident of St Andrew Street & have watched the progression of the project there. I have said before that as a development company associated with MDDC right in the town centre it should be an exemplary run & managed site, setting an example to others & it really hasn’t been at all. There were problems at the site even before the pandemic. Other building sites got back working much more quickly than the St George’s site. Why didn’t it? Residents are deeply disappointed & very worried about what will become of the site with good cause, we have seen u-turns before. Residents & the community need assurances that if this development does become housing for the 60yrs & over then it stays that way. What is your fall back or back up plan if plan A fails? I would urge all those voting this evening to not agree to the recommendation until you have a robust fall back or plan B that you can agree on. 

2.    Why isn’t this being fully scrutinised? The chair of scrutiny said that there would be no repeat of this happening again. How can this be ensured unless we fully understand how it all went so wrong when the expectations of the project were so high & both councillors & officers confident at the time of conception it would succeed? Perhaps a scrutiny committee from another county could be asked to scrutinise. MDDC should not be marking its own homework. 

3.    A member of cabinet said that the decision to set up a Property Development Company was made by councillors not officers. Councillors set the strategic direction & officers are responsible for the management of the council & will ensure the implementation of agreed policies, supporting & advising councillors. I recall officers explaining how the property Development Co. could work, the pitfalls and I don’t remember there being any major worries, it all seemed to be regarded as a very good plan & would be very beneficial to the council. Did officers at the time of its concept or at any time afterwards advise not to go forward with plans to create a Property Development Company?

4.    It appears there have been no sales at St George’s Court, although we were told that there were 2 reserved at one time & there was considerable interest. Who and why was the decision made not to use a local estate agency? Tiverton has 6 reputable agencies all with local knowledge & a data base of possible applicants. MDDC have a policy to support local businesses surely this contract to market & sell should’ve come to local agents? 

5.    What measures were put in place to safeguard the money put in by MDDC?

The Chairman explained that a written answer would be provided. 

Danielle Furmiger

Concern was raised as to whether St George’s Court was appropriate housing for those over 60 and whether this housing would meet their needs. It was highlighted that this site had slopes and hills within the surrounding area as well as  ...  view the full minutes text for item 30.

To record any interests on agenda matters.

Members were reminded of the need to make declarations where appropriate.

To consider whether to approve the minutes as a correct record of the meeting held on 19 July 2023.

The minutes of the previous meeting, held on 19 July 2023, were approved as a correct record and SIGNED by the Chairman.

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

Since the last Full Council, the Chairman attended the Mid Devon Show as well as the Burma Star Parade in Tiverton.

The Chairman raised that Mid Devon’s Civic Service was due to take place on the 8 October at 3pm at the Parish Church in Crediton.

To receive any petitions from members of the public.

No petitions were presented.

1.    Motion 596 (Councillor R Gilmour – 10 July 2023)

1)    Mid Devon District Council call on Devon County Council to fulfil their statutory obligations under Section 41 of the 1980 Highways Act, that requires them to maintain Devon’s roads and to keep them safe.  Further, to explain the financial position regarding the funds promised by HMG, and received to date, the proposed remedial actions for the roads in Mid Devon District Council to be undertaken before this winter and the spending/budget allocations between 2022/3 - 2025/6.

2)    Mid Devon District Council agrees to establish an on-line petition to include the following:

Our roads in Mid Devon have become dangerous and a liability to drivers, passengers, other road users and pedestrians. 

Now, we the electorate of Mid Devon District Council are calling on Devon County Council to fix our dangerous roads and if they do not have sufficient funding to demand this from Central Government.

2.    Motion 597 (Councillor L Kennedy – 10 July 2023)

In the interests of animal welfare this council prohibits the use of animals as prizes in any form of competition, games of chance or tests of skill of any kind at events commercial or private, promotions or gatherings organised or not on any land owned or controlled by Mid Devon District Council.

1.    Motion 596 (Councillor R Gilmour – 10 July 2023)

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

1)    Mid Devon District Council call on Devon County Council to fulfil their statutory obligations under Section 41 of the 1980 Highways Act, that requires them to maintain Devon’s roads and to keep them safe. Further, to explain the financial position regarding the funds promised by HMG, and received to date, the proposed remedial actions for the roads in Mid Devon District Council to be undertaken before this winter and the spending/budget allocations between 2022/3 - 2025/6.

2)    Mid Devon District Council agrees to establish an on-line petition to include the following:

Our roads in Mid Devon have become dangerous and a liability to drivers, passengers, other road users and pedestrians. Now, we the electorate of Mid Devon District Council are calling on Devon County Council to fix our dangerous roads and if they do not have sufficient funding to demand this from Central Government.

The MOTION was MOVED by Cllr S Robinson and Seconded by Cllr G Duchesne

In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that this Motion be dealt with at this meeting.

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

2.    Motion 597 (Councillor L Kennedy – 10 July 2023)

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

In the interests of animal welfare this council prohibits the use of animals as prizes in any form of competition, games of chance or tests of skill of any kind at events commercial or private, promotions or gatherings organised or not on any land owned or controlled by Mid Devon District Council.

The MOTION was MOVED by Cllr L Taylor and Seconded by Cllr B Fish

In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that this Motion be dealt with at this meeting.

Consideration was given to:

-       This affirmed the principle that animals should not be used as prizes.

-       This was received via a lobbying letter and that officers were not aware of reports or complaints on this matter and that it was believed that this was not a local issue. In addition, it was raised that this practice was already not encouraged. It was highlighted that a lack of legislation on this topic meant that lobbying the local MP was more appropriate.

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

Note: Cllr N Woollatt voted against. 

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

1. Cabinet

-        6 June 2023

-        4 July 2023

-        1 August 2023

-        16 August 2023

-        29 August 2023 (to follow)

2. Scrutiny Committee

-        19 June 2023

-        17 July 2023

-        14 August 2023 (to follow)

-        24 August 2023 (to follow)

3. Audit Committee

-        27 June 2023

-        22 August 2023

4. Environment PDG

-        20 June 2023

-        15 August 2023

5. Homes PDG

-        13 June 2023

-        8 August 2023

6. Community PDG

-        27 June 2023

-        22 August 2023

7. Economy PDG

-        8 June 2023

-        3 August 2023

8. Planning Committee

-        14 June 2023

-        12 July 2023

-        30 August 2023 (to follow)

9. Standards Committee

-        21 June 2023 (to follow)

The Leader presented the report of the meeting of the Cabinet held on 6 June 2023.

1.    Annual Treasury Management Review 2022/23 (minute 5)

The Leader MOVED, seconded by Cllr J Buczkowski

THAT the recommendations of the Cabinet as set out in Minute 5 be ADOPTED

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

Reason for the Decision – So that the treasury indicators could be approved and the Cabinet were kept updated on the treasury activities for 2022/23.

The Leader presented the report of the meeting of the Cabinet held on 4 July 2023

The Leader presented the report of the meeting of the Cabinet held on 1 August 2023.

1. Care Leavers Council Tax Exemption (minute 24)

The Leader MOVED, seconded by Cllr J Lock

THAT the recommendations of the Cabinet as set out in Minute 24 be ADOPTED

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

Reason for the Decision – Helps Mid Devon to support customers and vulnerable households, bringing the Council and community closer together by working in partnership with other councils.

The Leader presented the report of the meeting of the Cabinet held on 16 August 2023.

1. 3 Rivers Options Appraisal Report (minute 30)

The Leader MOVED, seconded by Cllr S Keable

THAT the recommendations of the Cabinet as set out in Minute 30 be ADOPTED

Cllr N Woollatt MOVED a written AMENDMENT, seconded by Cllr J Lock that the following be added to recommendation 1 with minute 30:

And that regular updates on progress with matters relating to that soft closure be made to Cabinet meetings in order that all members can monitor and be reassured that matters are progressing in an appropriate and timely way.

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

Note: Cllr Mrs F J Colthorpe Abstained from voting.

The Leader MOVED in accordance with Procedure Rule 19.7:

“That the vote in respect of this AMENDED MOTION shall be by Roll Call”

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

Those voting FOR the AMENDED MOTION: Cllrs: C Adcock, M Binks, N Bradshaw, D Broom, E Buczkowski, J Buczkowski, J Cairney, S Chenore, S Clist, Mrs F J Colthorpe, C Connor, L Cruwys, G Czapiewski, G Duchesne, M Farrell, B Fish, M Fletcher, C Harrower, B Holdman, M Jenkins, S Keable, L Knight, F Letch, N Letch, J Lock, S Penny, J Poynton, R Roberts, S Robinson, L Taylor, H Tuffin, N Woollatt, D Wulff

Those voting AGAINST the AMENDED MOTION: None

Those ABSTAINING from the voting: None

The AMENDED MOTION was declared to have been CARRIED.

Reason for the Decision – The Company, at its inception, was set up to help partially fund and link to a number of key strategic objectives in the Corporate Plan. However, 6 years later the Council now needs to make a fundamental decision which will enable it to concentrate on the delivery of a new Corporate Plan.

The Leader presented the report of the meeting of the Cabinet held on 29 August 2023.

1. Qtr 1. Budget Monitoring (minute 37)

The Leader MOVED, seconded by Cllr J Buczkowski

THAT the recommendations of the Cabinet as set out in Minute 37 be ADOPTED

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

Reason for the Decision – The financial resources of the Council impact directly on its ability to deliver the Corporate Plan prioritising the use of available resources in 2023/24. The Monitoring Report indicates how the Council’s resources have been used to support the delivery of budgetary decisions.

Cllr S Robinson of the Scrutiny Committee presented the report of the meeting held on 19 June 2023.

Cllr S Robinson of the Scrutiny Committee presented the report of the meeting held on 17 July 2023.

Cllr S Robinson of the Scrutiny Committee presented the report of the meeting held on 14 August 2023.

Cllr S Robinson of the Scrutiny Committee presented the report of the meeting held on 24 August 2023.

The Vice Chairman of the Audit Committee presented the report of the meeting held on 27 June 2023.

The Vice Chairman of the Audit Committee presented the report of the meeting held on 22 August 2023.

The Chairman of the Environment Policy Development Group presented the report of the meeting held on 20 June 2023.

The Chairman of the Environment Policy Development Group presented the report of the meeting held on 15 August 2023.

The Chairman of the Homes Policy Development Group presented the report of the meeting held on 13 June 2023.

The Chairman of the Homes Policy Development Group presented the report of the meeting held on 8 August 2023.

The Chairman of the Community Policy Development Group presented the report of the meeting held on 27 June 2023.

The Chairman of the Community Policy Development Group presented the report of the meeting held on 22 August 2023.

The Vice Chairman of the Economy Policy Development Group presented the report of the meeting held on 8 June 2023.

The Vice Chairman of the Economy Policy Development Group presented the report of the meeting held on 3 August 2023.

Cllr N Letch noted that she was in attendance of this meeting.

The Chairman of the Planning Committee presented the report of the meeting held on 14 June 2023.

The Chairman of the Planning Committee presented the report of the meeting held on 12 July 2023.

The Chairman of the Planning Committee presented the report of the meeting held on 30 August 2023.

The Vice Chairman of the Standards Committee presented the report of the meeting of the Standards Committee held on 21 June 2023.

1. Task and Finish Group (Council Procedure Rules Review) (minute 10)

Cllr S Robinson MOVED, seconded by Cllr N Woollatt

THAT the recommendations of the Cabinet as set out in Minute 10 be ADOPTED

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

Reason for the Decision – There is a need to update a review the Constitution when necessary. 

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

The following written questions were submitted by Cllr Woollatt and answered by the Leader of the Council:

Question 1.

On February 22 2023 in response to Motion 591 this Council resolved to change from the Cabinet system of governance to a modernised Committee system to be implemented from the Annual Meeting of 2024.

The necessary changes to the Constitution will need to be agreed prior to that by the Standards Committee and recommended by them to Full Council. There are now only two Standards meetings scheduled that this could take place at (18 October and 7 February 2024).

What actions have so far been undertaken by officers on the work and preparations that they need to make to implement Motion 591?

Answer

On the 22 February at Full Council the District Solicitor and Monitoring Officer stated that if members indicate to go to a Committee System we would take this Motion as a steer to go away and start preparing the governance framework for this type of system and that it would need to be brought back to Full Council for a final decision at some point in the future.

On 14 August the District Solicitor and Monitoring Officer stated in Scrutiny Committee that she would be bringing a briefing note/update report to Full Council to the next Full Council (1 November 2023) and suggested that this come to Scrutiny in December 2023.  Scrutiny Committee agreed that this would be added to their Work Plan in December 2023. 

Question 2.

Which of the two scheduled Standards Committee meetings is it planned to present the necessary Constitutional changes for the committee to consider and agree their recommendation to Council? Or if it is intended to schedule an additional meeting for this purpose which date is that to be scheduled in for?

Answer

Therefore the Motion can go before the 7 February 2024 Standards Committee.

Question 3.

The recent advert for a new member services manager included the following statement: “Our Executive structure includes policy development groups as well as a traditional scrutiny committee and a variety of working groups. One key element of the role will be to work with senior Councillors and Leadership Team to further develop the effectiveness of these bodies in identifying future policy as well as delivering on our existing corporate priorities.”

Why did the job advert make reference to ‘developing the effectiveness’ of PDGs and not make any reference to the impending change of governance which Council had resolved to be implemented from the 2024 Annual Meeting?

Answer

The Job Description is based on the current structure at MDDC.  At this time the Council still operates under a cabinet system and therefore it was appropriate to advertise the role based on existing practices.

A supplemental statement was raised which highlighted that the Council should be working towards a change in Governance and that this was not included in the job advert, this raised concern as it was felt that it appeared that the Council was not  ...  view the full minutes text for item 59.

To note any decisions taken under Rule 16 (of the Constitution) Special Urgency – …….

With regard to any decisions taken under Rule 16 (of the Constitution) Special Urgency taken since the last meeting.  The Chairman informed the meeting that no such decisions had been taken in that period.

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

.

Cllr B Fish asked the Cabinet Member for Housing and Property Services if there were any mitigation measures in place in relation to Reinforced Autoclaved Aerated Concrete (RAAC) if present within any of the Council’s municipal and residential buildings.

The Cabinet Member for Housing and Property Services explained that no communications had been received from Government, in addition the Council had reached out to the relevant people on a risk based approach which included looking at the age of properties. Survey work had not identified RAAC. Buildings built in a particular era would be investigated.

Cllr B Holdman asked what assurance could be given that St George’s Court would be used for those over 60 and not for mixed purposes. In addition it was asked what the scale would be for retro fitting the site. In addition, it was asked if mobility scooter charging points would be installed at the site. 

The Cabinet Member for Housing and Property Services explained that the HRA could agree to purchase the site subject to valuations, a local lettings plan would be created to ensure that desired aims were met. Mid Devon Housing (MDH) would be required to publish information to any agreed local lettings plan and then advertise homes for rent and this would have to be specified on the adverts. In terms of adaptions these would be discussed at the appropriate time. 

It was also added that mobility scooter charging points would be considered as a provision and add that the site already had Electric Vehicle (EV) charging points.

Cllr S Robinson raised concern over the size of the lifts at St George’s Court and their appropriateness. In addition, with the steepness of the slope there should be handrails.

To which the Cabinet Member for Housing and Property Services gave reassurance that these comments would be considered.

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

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

Cllr N Woollatt gave notice of a future question which would relate to the use of single use plastic cups and why these were still being used for meetings.

Cllrs expressed their concern over the behaviour of particular members of the public and their attitude towards officers that work at the Council.