Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Councillors: B Fish, R Gilmour, M Jenkins and N Woollatt

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

Barry Warren

The minutes of the Standards meeting did not become available to the public until some 5 weeks after the meeting and they have only appeared as a supplement to the Council Agenda. They were still not on the website under the Standards Committee at the time of preparing these questions for submission.

Question 1:

What is the reason for this extended delay please?

Response from the Director of HR, Legal and Governance (Monitoring Officer): Although we try to publish the draft minutes to the website quickly as possible, due to other work commitments this was the earliest it was able to be published.

On page 7 of the draft Standards minutes as published with the Supplementary Agenda at minute 29 Councillor A Glover is shown as being elected as the Vice Chairman when she was already the Chairman.

Question 2:

This appears to be an error. When and how will it be corrected?

Response from the Director of HR, Legal and Governance (Monitoring Officer): The published draft minutes to the Standards committee at minute 29 had been corrected and those minutes would be agreed at the next Standards Committee meeting in June.

Question 3:

The questions I asked are shown in the minutes but I can find no public record of the answers I was given.  Why is this please?

Response from the Director of HR, Legal and Governance (Monitoring Officer): The public questions and answers document had been published alongside the draft minutes of the Committee.

Question 4:

Is it because I had asked who had recommended committee make a decision which was considered illegal - the Leader told me, in the written response, that this was considered to be irrelevant?

Response from the Director of HR, Legal and Governance (Monitoring Officer): It was stated as irrelevant as proposed changes were put forward.

My other questions related to Scrutiny Committee Meeting of the 18th March 2024. There is no audio published for this meeting yet the minutes have been approved at the meeting held on the 15th April 2024.  There is no audio link as yet to that meeting either, nor are there minutes.

Question 5:

Why has the audio link for the Scrutiny meeting of 18th of March still not been made available please?

Response from the Director of HR, Legal and Governance (Monitoring Officer): With the new Audio Visual system installed the recording had to be converted to a suitable format in order to publish via sound cloud to become available online.  The IT department were currently working through the outstanding recordings, but were currently short staffed.

Continued from Barry Warren:

Although minutes are not verbatim they should surely be factually correct.  The minutes show that the Cabinet Member for Planning and Economic Regeneration advised that the Council were looking to have 2 Planning Enforcement Officers. If the audio recording were publicly available one could hear that when the Chair raised the point that the Council would have 2 Enforcement Officers the Cabinet Member said  ...  view the full minutes text for item 144.

To record any interests on agenda matters.

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

None were declared under this item.

To consider whether to approve the minutes as a correct record of the meeting held on 21^st February 2024.

The minutes of the meeting held on the 21^st of February 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 had the following announcements to make:

·         In March he attended an assembly at Cullompton Community College and visited the Young Carers Action Day Webinar.

·         In April he had attended the celebration of the Mid Devon District Council 50^th anniversary and thanked the officers for the memorabilia that was presented from over the years.

·         The opening of ‘The Flock that Rock’ Swan Trail and he had visited the Canal to celebrate the 50^th Canal Barge company.

·         He attended a funeral and paid his respects on behalf of the Council to Honorary Alderman Eileen Andrews.

·         He had attended the Friends of Tiverton Hospital Annual General Meeting and was the first Chairman to attend.

·         He had attended Devon County Council’s Civic Service in Exeter.

To receive any petitions from members of the public.

There were no petitions presented.

To receive notices of motions.

There were no motions received.

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

1.    Cabinet

5^th March 2024

(Recommendation to Council

·         That the Customer Care Standards and Customer Care Policy contained in Annexes 1 and 2 to be adopted)

2^nd April 2024

(Recommendation to Council

·         That the Silverton Neighbourhood Plan (Appendix 1) is ‘made’ (adopted) and brought into force as part of the statutory development plan for the Silverton area;

·         The Silverton Neighbourhood Plan Adoption Decision Statement (Appendix 2) is published to meet the publicity requirements in the Regulations.

·          

(Recommendation to Council

·         The adoption the Devon Preventing Serious Violence Strategy 2024-29 as attached in Annex A to enable delivery by as appropriate by the Council’s Community Safety Partnership (as a specified authority under the Serious Violence Duty).

2.    Scrutiny Committee

19^th February 2024

18^th March 2024

3.    Audit Committee

26th March 2024

4.    Economy Policy Development Group

7^th March 2024

5.    Community Policy Development Group

26^th March 2024

6.    Environment Policy Development Group

12^th March 2024

7.    Homes Policy Development Group

19^th March 2024

8.    Planning Committee

13^th March 2024

The Leader presented the report of the meeting of the Cabinet held on 5 March 2024.

1.    Customer Care Policy ( Minute 126)

The Leader MOVED seconded by Cllr S Keable

That the recommendations of the Cabinet as set out in minute 126 be ADOPTED.

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

The Leader presented the report of the meeting of the Cabinet held on 2 April 2024.

1.    Silverton Neighbourhood Plan ( Minute 134)

The Leader MOVED seconded by Cllr J Wright.  

That the recommendations of the Cabinet as set out in minute 134 be ADOPTED.

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

Reason for the Decision- There was a need for the Council to ‘make’ (adopt) the Silverton Neighbourhood Plan, following its local referendum, under Section 38A (4) of the Planning and Compulsory Purchase Act 2004 (as amended) and to publish a statement setting out the decision and the reasons for making this decision under the Regulation 19 of the Neighbourhood Planning (General) Regulations 2012.

2.    The Devon Serious Violence Strategy ( Minute 143)

The Leader MOVED seconded by Cllr S Clist.

That the recommendations of the Cabinet as set out in minute 143 be ADOPTED.

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

The Vice- Chairman of the Scrutiny Committee presented the report of the meeting held on 19 February and 18 March 2024.

The Chairman of the Audit Committee presented the report of the meeting held on 26 March 2024.

The Chairman of the Economy Policy Development Group presented the report of the meeting held on 7 March 2024.

The Chairman of the Community Policy Development Group presented the report of the meeting held on 26 March 2024.

The Chairman of the Environment Policy Development Group presented the report of the meeting held on 12 March 2024.

The Chairman of the Homes Policy Development Group presented the report of the meeting held on 19 March 2024.

The Chairman of the Planning Committee presented the report of the meeting held on 13 March 2024.

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

Standards Committee on the 13^th March 2024

(Recommendation to Council

·         That the Constitution be amended as per the list within Appendix 1.

·         That delegated authority is provided to the Director of Legal, HR & Governance (Monitoring Officer) to amend the Constitution as per Appendix 1 and any other amendments required to reflect the changes.

(Recommendation to Council

·         That there be five (5) Policy Development Groups: Planning, Environment & Sustainability; Community, People & Equalities; Homes; Economy & Assets; Service Delivery & Continuous Improvement.

·         That the Constitution is amended to reflect the changes to the PDGs.

·         That delegated authority is provided to the Director of Legal, HR & Governance (Monitoring Officer) to amend the Constitution as per the above and any other amendments required to reflect the new PDGs.

The Chairman of the Standards Committee presented the report of the meeting held on 13 March 2024.

This covered minute number 31

At minute number 31 RECOMMENDATION to full Council:

·         That the Constitution be amended as per the list within Appendix 1.

·         That delegated authority is provided to the Director of Legal, HR & Governance (Monitoring Officer) to amend the Constitution as per Appendix 1 and any other amendments required to reflect the changes.

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

(Proposed by Cllr A Glover seconded by the Leader of the Council)

The Leader of the Council highlighted the following:

·         At the Standards meeting, many aspects of the Constitution were discussed as the Council looked to continued to improve the processes and to make the running of meetings better but also to ensure public participation.

·         I was heartened in advance of that meeting to receive communications from members of the public over concerns at some of those proposed changes.

·         The difference was that this administration listened to those concerns and made changes to those proposed changes, and it was those changes you would be voting on tonight.

·         Constitutional changes needed to happen with ever changing dynamics and processes in the smooth functioning of Council business.

·         Statements and questions from the public would still be made at all Council meetings and public questions included at Planning Committees, where we continue to be one of the only Councils in the Country to allow this.

·         Most of the changes to the Constitution revolved around changes to the management structure, some wording and the requirement for questions or statements to be relevant to an agenda item – except for the case at Full Council where a question or statement could be made that was around any aspect of Council business.

He was proud of the achievements of this Council over the last 12 months. We had worked together, cross party to deliver improvements to this Council. We have held engaging debate, challenging questions and have put the Council on a sound footing as we moved forward. Coming through soon would be our new Corporate Plan which would detail our aims and objectives over the coming years and was based on our manifesto pledges and would ensure this Council sets smart targets that delivered to the residents who elected us.

As part of these proposals we had streamlined the current make up of our Policy Development Groups (PDG’s) to ensure their focus was aligned to the new Corporate Plan. These would ensure proper policy setting as opposed to tick box exercises that we see now and would focus each PDG on their respective areas of expertise to deliver on our commitments. There would be efficient programming meetings and actual policy setting.

To do this, we proposed an additional PDG to help deliver on these vital policy changes and to deliver to our residents. The new proposed PDG’s would be Planning, Environment & Sustainability, Homes, Economy & Assets,  ...  view the full minutes text for item 159.

To receive the Annual reports (attached) of the Audit Committee, Scrutiny Committee and the four Policy Development Groups.

The Chairmen of the Audit Committee and the Scrutiny Committee and the Chairman of the Environment, Homes, Community and Economy Policy Development Groups presented their Annual Reports* to the Council.

Note: *Reports previously circulated.

To consider the seat allocation report

It is recommended:

(a)  that the Council approve the allocation of seats on Committees and other Council Bodies as shown on the schedule;

(b)  that Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a) above;

(c)   that Members also be appointed to Working Groups and other Internal Bodies in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a)above;

(d)  that the Chief Executive be authorised to make changes to membership of Committees, Working Groups and other Internal Bodies as may be notified to him from time to time by the relevant Political Group to which those seats have been allocated by the Council.

(e)  that the appointments to seats remaining to be filled by ungrouped Members shall be made at this meeting.

The Council had before it a table * setting out the revised allocation of seats on Committees and other Council bodies.

Arising thereon:

Appointment of Committees and Allocation of Seats on Committees and other

Council Bodies

The Chairman MOVED:

(a)  That the Council approved the allocation of seats on Committees and other Council Bodies as shown on the schedule;

(b)  That Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a) above;

(c) That Members also be appointed to Working Groups and other Internal Bodies in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats in (a) above;

(d)  That the Chief Executive be authorised to make changes to membership of Committees, Working Groups and other Internal Bodies as may be notified to him from time to time by the relevant Political Group to which those seats had been allocated by the Council.

(e) That the appointments to seats remaining to be filled by ungrouped Members should be made at this meeting.

Cllr G Westcott MOVED an AMENDMENT and seconded by Cllr L Taylor to swap the ungrouped seat on the Planning Committee to the Green seat and swap their Green group seat on Economy Policy Development Group to the Ungrouped seat.

Cllr L Taylor MOVED that Cllr N Woollatt to take up the Ungrouped seat on the Standards Committee. 

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

To receive a report on Schedule of meeting 2024/2025 from Director of Legal, HR & Governance (Monitoring Officer).

The Council had before it the revised* Schedule of Meetings for 2024/2025.

The Chair MOVED that the Schedule of meetings 2024/2025 be approved.

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

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

There were no questions submitted under Procedure Rule 11.2.

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, none had been 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.

The Chairman informed the meeting that no 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.

There were no issues raised under this item.