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  • Agenda and draft minutes

    Council - Wednesday, 23rd April, 2025 6.00 pm

    • Attendance details
    • Agenda frontsheet PDF 360 KB
    • Agenda reports pack
    • Responses to Public Questions PDF 380 KB
    • Printed draft minutes PDF 259 KB

    Venue: Phoenix Chambers, Phoenix House, Tiverton

    Contact: Laura Woon  Democratic Services Manager

    Link: audiorecording

    Media

    Items
    No. Item

    296.

    Councillor Mr Frank Letch MBE

    In memory of Councillor Mr Frank Letch MBE, a minute’s silence will take place.

    Minutes:

    The following tributes were made in Remembrance of Councillor Frank Letch MBE:

     

    Cllr Luke Taylor

     

    The first thing Frank would have done at a time like this, would have been to remind the speaker that they only had 3 minutes and for the next speaker to be lined up ready, “Some people have to get back to Crediton, don’t you know”. Well we are sorry Frank, we cannot guarantee just 3 minutes for you tonight.  I speak on behalf of all the Liberal Democrat Group this evening to remember a truly remarkable man, Councillor, and a friend to many.

     

    In the 2015 election Frank and I were elected to this Council for the first time, it was a bittersweet result after a big blow to our Liberal Democrat colleagues across the country in the aftermath of the coalition but we were both eager to get started.

    We attended many of the induction sessions together and I remember Frank always being the centre of attention - he spoke to everyone with warmth and was always welcoming - though sometimes he would add a bit of Welsh in there too. He never seemed fazed.

     

    Frank was a loyal servant to the people of Crediton, serving many, many years consecutively as Mayor.  Crediton meant so much to him.  He would often tell us of the history of the Church and that the steeple was just a centimetre short for a Cathedral and that they must have measured it wrong as they did not want Devon to have 3 cities. Perhaps now is the time to re-measure that steeple to be sure.

     

    Frank served Crediton as a Town, District and County Councillor serving Crediton diligently and respectfully and I know he was absolutely thrilled when his wife Natalia joined him on this Council.

     

    Frank served on several committees during his 10 years on this Council, notably as Scrutiny Chair and of course the last two years as our dear Chairman. He absolutely loved the pomp and ceremony of the role and the chance to showcase and represent all the good in our communities.  Natalia shared a reel on Facebook last week of them both walking down Exeter High Street in a procession - you could tell by his face how much it meant to him. He represented the Council well at all times and respected the position and trust that was given to him. He never took it for granted.

     

    Frank was a champion to many, and none more so than young people.  He introduced the Young Carers of Devon charity to this Council and I know he was thrilled when we introduced free leisure access to our young carers in Mid Devon. He was a hero in his own right, being born without arms, he never let it get the better of him and we were genuinely amazed what he still managed to do, driving, eating or signing his name away with his feet to hold the pen.  He embodied the  ...  view the full minutes text for item 296.

    297.

    Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies were received from Councillors: N Bradshaw, M Binks, J Cairney, L G J Kennedy (online), R Roberts and N Woollatt.

     

    298.

    Public Question Time pdf icon PDF 372 KB

    To receive any questions and or statements relating to any items of the Council powers/ duties or which otherwise affects the District and items on the agenda from members of the public.

    Minutes:

    Mr Peter Drew

     

    Just before Easter the Local Government Ombudsman made a finding of maladministration against the Lib Dem run Mid Devon District Council and so I am here to obtain the apology that is due to me on behalf of the residents of Sampford Peverell.

     

    The facts are that various footpaths were supposed to be opened prior to the first occupiers of the Edenstone housing estate moving into their homes so that pedestrians could walk to the school, and access other services and facilities, in Sampford Peverell. The first dwelling was occupied in February 2024 but the footpaths were not opened until approximately one year later. During that period residents were forced to either drive their children to school, which is ironic for a site that the Council falsely claimed was the most sustainable in the entire District, or risk their lives on roads that the Council itself recorded to be ‘dangerous’ in its own sustainability assessment.

     

    The facts are that the Highway Authority agreed in a statement of common ground with the land promoter ahead of the Public Inquiry that the 30-mph zone should be extended onto all of the roads around the perimeter of the housing site. When granting outline planning permission the Planning Inspector found that the s106 to secure the funding to deliver the speed limit met all of the relevant legal tests. However when dealing with a subsequent variation of condition application the District Council produced what it called a ‘supplemental agreement’ and in the process ‘deleted’ the s106 that the Inspector had endorsed as being necessary. The practical effect is that no speed limit has been delivered. The Council has never offered any reason why the speed limit was written out of the legal agreement and local residents have never been consulted about the change.

     

    The road north of Battens Cross from which the estate road is constructed remains derestricted, such that vehicles can lawfully drive at 60-mph when the Inspector agreed with the Highway Authority that it should be 30-mph. This country lane has no pavement and no street lights yet residents were forced to walk on the road because the District Council failed to respond expeditiously to my complaint. Even now the crossing point on Turnpike, which the response to my freedom of information request sent to the Highway Authority shows was designed for a 30-mph zone, is located on a stretch of road where the most recent speed survey records actual speeds of around 45 mph.

     

    When I last addressed the Full Council in December you could not answer a simple question as to why the Council applied the same statutory test differently 30 years apart. You haven’t communicated with me at any stage about the so-called Conservation Area consultation. Your Cabinet Member for Community Engagement doesn’t acknowledge my emails even though she said in the Halberton Parish Magazine that she preferred that method of communication. Lib Dem election propaganda claims that you have ‘strengthened protection for our  ...  view the full minutes text for item 298.

    299.

    Declarations of Interest under the Code of Conduct

    To record any interests on agenda matters.

     

    Minutes:

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

     

    Cllr A Glover referred to the Willand Neighbourhood Plan in the Cabinet report and declared that she was a Parish Councillor.

     

    300.

    Minutes pdf icon PDF 231 KB

    To consider whether to approve the minutes as a correct record of the meeting held on 19 February and 12 March.

     

     

    Additional documents:

    • Full Council March Minutes , item 300. pdf icon PDF 171 KB

    Minutes:

    The minutes of the meeting held on 19 February 2025 and 12 March 2025 were AGREED as a correct record and signed by the Chair.

     

     

    301.

    Chair's Announcements

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

     

    Minutes:

    The Chair had the following announcements to make:

     

    • On the 28 March he had attended the High Sheriff’s Declaration of Office at Exeter Cathedral.
    • On the 6 April he had attended the Devon County Council Civic Service Ceremony.

     

    302.

    Petitions

    To receive any petitions from members of the public.

     

    Minutes:

    None received.

    303.

    Notices of Motions

    To receive any notices of motions.

    Minutes:

    None received.

    304.

    Cabinet- Reports of the minutes of the meetings held on the 4 March and 1 April 2025 pdf icon PDF 578 KB

    4 March 2025 (Pages 27- 140)

    (Recommendations to Full Council)

     

    1. Policy Framework Report

     

    Cabinet RECOMMENDS to Full Council that the Policy Framework be adopted.

     

    1. Pay Policy Report

     

    Cabinet RECOMMENDS to Full Council that the Pay Policy and appendices be approved.

     

    1. Mid Devon Housing (MDH) Right to Buy Policy

     

    Cabinet RECOMMENDS to Full Council that the Right to Buy Policy and Equality impact assessment contained in annexes A and B respectively as recommended by the Homes Policy Development Group be adopted.

     

    1. Mid Devon Housing (MDH) Safeguarding Adults, Children and Young People Policy.

     

    Cabinet RECOMMENDS to Full Council that the Mid Devon Housing (MDH) Safeguarding Adults at Risk, Children and Young People Policy and Equality impact assessment contained in annexes A and B respectively as recommended by the Homes Policy Development Group be adopted.

     

    1 April 2025 (Pages 141-295)

    (Recommendations to Full Council)

     

    1. Artificial Intelligence Policy

     

    Cabinet RECOMMENDS to Full Council that the Draft Artificial intelligence Policy be approved.

     

    1. Willand Neighbourhood Plan

     

    Cabinet RECOMMENDS to Full Council

     

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

     

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

     

    Additional documents:

    • Policy Framework Report , item 304. pdf icon PDF 415 KB
    • Policy Framework - March 2025 , item 304. pdf icon PDF 92 KB
    • Pay Policy Report , item 304. pdf icon PDF 251 KB
    • Appendix 1 Pay Policy Feb 25 , item 304. pdf icon PDF 447 KB
    • Appendix 2 Pay Supplement Policy , item 304. pdf icon PDF 898 KB
    • There are a further 15 documents.View the full list of documents for item 304.

    Minutes:

    The Leader presented the reports of the meetings of the Cabinet held on 4 March 2025 and 1 April 2025.

     

    1. Policy Framework Report

     

    The Leader MOVED and seconded by Cllr L Cruwys:

     

    That the recommendation of Cabinet as set out in minute 141 be APPROVED.

     

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

     

     

    1. Pay Policy Report

     

    The Leader MOVED and seconded by Cllr J Lock:

     

    That the recommendation of Cabinet as set out in minute 142 be APPROVED.

     

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

     

     

    1. Mid Devon Housing (MDH) Right to Buy Policy

     

    The Leader MOVED and seconded by Cllr S Robinson:

     

    That the recommendation of Cabinet as set out in minute 145 be APPROVED.

     

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

     

    Those ABSTAINING from voting were Councillor M Jenkins.

     

    1. Mid Devon Housing (MDH) Safeguarding Adults, Children and Young People Policy. 

     

    The Leader MOVED and seconded by Cllr S Clist:

     

    That the recommendation of Cabinet as set out in minute 146 be APPROVED.

     

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

     

     

    1. Artificial Intelligence (AI) Policy

     

    The Leader MOVED and seconded by Cllr D Wulff:

     

    That the recommendation of Cabinet as set out in minute 160 be APPROVED.

     

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

     

     

    1. Willand Neighbourhood Plan

     

    The Leader MOVED and seconded by Cllr S Clist:

     

    That the recommendation of Cabinet as set out in minute 165 be APPROVED.

     

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

     

    Those ABSTAINING from voting were Councillor A Glover.

     

    Note: * All reports previously circulated.

     

     

     

     

    305.

    Scrutiny Committee- Reports of the Minutes of the meetings held on 17 February and 17 March 2025 pdf icon PDF 434 KB

    17 February 2025 (Pages 297-305)

     

    17 March 2025 (Pages 307-325)

    Additional documents:

    • Scrutiny Committee- March meeting , item 305. pdf icon PDF 549 KB

    Minutes:

    The Vice Chair of the Scrutiny Committee presented the report of the meetings held on 17 February 2025 and 17 March 2025.

     

    306.

    Audit Committee- Report of the Minutes of the meeting held on 25 March 2025 pdf icon PDF 411 KB

    25 March 2025 (Pages 327- 480)

    (Recommendations to Full Council)

     

    1. Review and Revisions of the Financial Regulations

     

    Audit Committee RECOMMENDS to Full Council that the revisions to the Financial Regulations are approved.

    Additional documents:

    • Draft Financial Regulations Update - Full Council covering report , item 306. pdf icon PDF 265 KB
    • Appendix 1 DRAFT Financial Regulations - PA23 - FINAL , item 306. pdf icon PDF 2 MB
    • Appendix B - extract of Updated Financial Thresholds recommended during Audit Committee , item 306. pdf icon PDF 216 KB

    Minutes:

    The Chair of the Audit Committee presented the report of the meeting held on the 25 March 2025.

     

    1. Review and Revisions of the Financial Regulations.

     

    The Chair of the Audit Committee MOVED, seconded by Cllr S Robinson.

     

    THAT the recommendation of the Audit Committee as set out in Minute 51 be APPROVED

     

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

     

     Note: * Report previously circulated.

     

    307.

    Community, People and Equalities Policy Development Group - Report of the Minutes of the meeting held on 25 March 2025 pdf icon PDF 207 KB

    25 March 2025 (Pages 481-491)

    Minutes:

    The Chair of the Community, People and Equalities Policy Development Group presented the report of the meeting held on the 25 March 2025.

     

    308.

    Economy and Assets Policy Development Group- Report of the Minutes of the meeting held on 6 March 2025 pdf icon PDF 219 KB

    6 March 2025 (Pages 493-498)

    Minutes:

    The Chair of the Economy and Asset Policy Development Group presented the report of the meeting held on 6 March 2025.

     

     

    309.

    Homes Policy Development Group- Report of the Minutes of the meeting held on 18 March 2025 pdf icon PDF 210 KB

    18 March 2025 (Pages 499-510)

    Minutes:

    The Chair of the meeting of the Homes Policy Development Group presented the report of the meeting held on 18 March 2025.

    310.

    Planning, Environment and Sustainability Policy Development Group- Report of the Minutes of the meeting held on 11 March 2025 pdf icon PDF 180 KB

    11 March 2025 (Pages 511-517)

    Minutes:

    The Chair of the Planning, Environment and Sustainability Group presented the report of the meeting held on 11 March 2025.

     

     

    311.

    Service Delivery and Continuous Improvement Policy Development Group- Report of the Minutes of the meeting held on 10 March 2025 pdf icon PDF 174 KB

    10 March 2025 (Pages 519-524)

    Minutes:

    The Chair of the meeting of Service Delivery and Continuous Improvement Policy Development Group presented the report of the meeting held on 10 March 2025.

     

     

    312.

    Planning Committee- Report of the Minutes of the meeting held on 12 March pdf icon PDF 279 KB

    12 March 2025 (Pages 525-537)

     

     

    Minutes:

    The Chair of the Planning Committee presented the report of the meeting held on 12 March 2025.

    313.

    Annual Reports of Audit Committee, Scrutiny Committee and the Policy Development Groups pdf icon PDF 182 KB

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

    Additional documents:

    • Annual Report of the Chair of the Scrutiny Committee , item 313. pdf icon PDF 199 KB
    • Annual report of the Chair of the Community People and Equalities Policy Development Group. , item 313. pdf icon PDF 207 KB
    • Economy and Assets- Chairs Annual Report , item 313. pdf icon PDF 438 KB
    • Homes Policy Development Group- Chairs Annual Report , item 313. pdf icon PDF 206 KB
    • Planning, Environment and Sustainbility PDG- Chairs Annual Report , item 313. pdf icon PDF 206 KB
    • Service Delivery and Continouos Improvements -Chairs Annual Report , item 313. pdf icon PDF 118 KB

    Minutes:

    The Chairs of the Audit Committee, Scrutiny Committee and the Chairs of the Planning, Environment and Sustainability; Homes; Community, People and Equalities; Economy and Assets; and Service Delivery and Continuous Improvement Policy Development Groups presented their Annual Reports* to the Council.

     

    Note: *Reports previously circulated.

     

    314.

    Questions in accordance with Procedure Rule 11

    To deal with any questions raised pursuant to Procedure Rule 11 not already dealt with during the relevant Committee reports.

    Minutes:

     

    There were no questions raised which were pursuant to Procedure Rule 11 and which had not already been dealt with during the relevant Committee reports.

     

     

    315.

    Special Urgency Decisions

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

     

     

    Minutes:

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

     

    316.

    Questions to Cabinet Members

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

    .

     

    Minutes:

    The Chair informed the meeting that no were no questions to Cabinet Members.

    317.

    Members Business

    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:

    The Chair informed the meeting that there were no Members Business.