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  • Agenda and draft minutes

    Council - Wednesday, 23rd July, 2025 6.00 pm

    • Attendance details
    • Agenda frontsheet PDF 428 KB
    • Agenda reports pack
    • Responses to the Public Questions PDF 527 KB
    • Printed draft minutes PDF 537 KB

    Venue: Phoenix Chambers, Phoenix House, Tiverton

    Contact: Laura Woon  Democratic Services Manager

    Link: audio recording

    Items
    No. Item

    1.

    Apologies (03:34)

    To receive any apologies for absence.

    Minutes:

    Apologies were received from Councillors: S Robinson and N Woollatt.

     

     

    2.

    Public Question Time (04:24) pdf icon PDF 504 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:

    Goff Welchman

     

    Question 1:

    The recent appeal was always likely to win, due to the new Government housing targets, which tied the inspector’s hands. However, he clearly sympathised with the many objections raised, as he has thrown us the consolation prize of 29 conditions, many of which will act as a deterrent to any developer thinking of taking over the site. Therefore, applications to retrospectively remove the most onerous conditions are highly likely. Will this Council confirm, that any such applications will be robustly refused?

     

    Response from the Cabinet Member for Planning and Economic Regeneration:

     

    The application of a significant number of conditions as well as obligations in any associated S106 agreement was a typical level of control to be established over a development of this scale. They were not a "consolation prize" but simply reflect the range of issues that a planning authority would reasonably expect to control or secure further details prior to various trigger stages in the development.

     

    At this stage it would be pure speculation to discuss what options any developer may seek to pursue in implementing the planning permission and therefore to pre-determine the planning authorities decision on any such proposals would be both premature and represent an unreasonable starting point to our assessment that could place the authority at risk of a further costs award against it.

     

    The Inspector in his decision had clearly set out the level of impact principally upon heritage assets and landscape (but also other impacted environments) and confirmed that he considers these impacts to be an acceptable cost in order to secure the 100 dwellings. This would represent the starting point for any consideration of alternative proposals if they are submitted.

     

    Question 2:

    The Tidcombe Hall area remains vulnerable to further speculative development applications, and even one to enlarge the currently approved plan, due to the original terrible mistake of designating it as a contingency site. Will this Council now commit to removing that designation in the next Local Plan?

     

    The residents of Tiverton, and beyond, are bitterly disappointed at, and outraged by what is happening to the Tidcombe Hall area, and expect very positive responses to my questions.”

     

    Response from the Cabinet Member for Planning and Economic Regeneration:

     

    As you would know, the current Local Plan was adopted by a previous Council and inherited by this Administration.

     

    You would also recall, in relation to the Housing Delivery Action Plan that Mid Devon adopted in Spring this year, the Council resolved to exclude the Tidcombe Hall site from early release because of the harms considered arose from the partial control over the site that was available to the applicant, however the Inspector did not accept that those harms were sufficient to prevent development coming forward.

     

    As you note, the only way to remove a particular site allocation or designation within an adopted Local Plan is by way of a plan review. As you would also know, the preparation of a new Local Plan is at a relatively early stage.  ...  view the full minutes text for item 2.

    3.

    Declarations of Interest under the Code of Conduct (25:14)

    To record any interests on agenda matters.

     

    Minutes:

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

     

    None were declared under this item.

    4.

    Minutes (25:30) pdf icon PDF 201 KB

    To consider whether to approve the minutes as a correct record of the meeting held on 7 May 2025.

     

     

    Minutes:

    The minutes of the meeting held on 7 May 2025 were AGREED as a correct record and signed by the Chair.

    5.

    Chair's Announcements (26:10)

    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 8th May he had hosted the V E Day celebration and thanked those all that attended.

    ·         On the 20th May he attended the Exeter Otters awards evening. This was an inspiring wheelchair basketball team.

    ·         He attended the Great British Takeaway to say thank you for giving the Council a £50 fish and chip voucher (free) to give to the VE Day 80 poster competition winner.

    ·         On the 27th May he attended the Friends of Tiverton Youth Centre. He met the team and saw the inspiring work they had done.

    ·         On the 6th June he had attended the ‘D’ Day Anniversary Wreath Laying Ceremony in People’s Park, Tiverton.

    ·         On the 13th June he had attended an Exeter Policing awards ceremony.

    ·         On the 23th June he had hosted the raising of the Armed Forces Day Flag.

    ·         On the 26th June he had attended the Tiverton u3a AGM at Moorhayes Community Centre.

    ·         On the 3rd July, the Vice Chair represented the Council at the historic Lammas Fair in Exeter.

    ·         On the 4th July he attended Tiverton Primary School and gave a careers presentation.

    ·         On the 5th July, he attended and took part in a litter pick in Tiverton, arranged by Allies. This had been a pleasant morning and many passers-by appreciated what was being done. 

     

     

    6.

    Petitions (30.47)

    To receive any petitions from members of the public.

     

    Minutes:

    None received.

    7.

    Notice of Motion (31:00)

    1. Motion 608 (Cllr G Westcott)

     

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

     

    Motion: Anaerobic Digestor Plants

     

    Council is asked to note that:

     

    • That the contribution of Anaerobic Digestor Plants to reduction of greenhouse gas emissions is highly variable[1];
    • That while digestion of on farm wastes reduces escape of greenhouse gases from stored plant wastes, slurry pits etc, industrial scale AD processing requires considerable heavy vehicle transport of feedstock to the plant and digestate away from it for spreading on land;
    • That heavy vehicle traffic movements constitute a considerable problem for local residents on single carriageway roads;
    • That research shows that AD plants cannot necessarily be expected to contribute to the reduction of greenhouse gas emissions (only 1/3 of French AD plants studied did so[2]) and so do not necessarily constitute sustainable development.

    Council is asked to support:

     

    Planning officers to prepare a Supplementary Planning document outlining the conditions under which any further applications for Anaerobic Digestor plants, or the expansion of existing plants, would be acceptable and contribute to goals for climate change mitigation; and what planning conditions might be required be to ensure that this contribution is realised.

     



    [1] Does anaerobic digestion really help to reduce greenhouse gas emissions? A nuanced case study based on 30 cogeneration plants in France – Science Direct

     

    [2] Ibid

    Minutes:

     

    1. Motion 608 (Cllr G Westcott)

     

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

     

    Motion: Anaerobic Digestor Plants

     

    Council is asked to note that:

     

    • That the contribution of Anaerobic Digestor Plants to reduction of greenhouse gas emissions is highly variable[1];
    • That while digestion of on farm wastes reduces escape of greenhouse gases from stored plant wastes, slurry pits etc, industrial scale AD processing requires considerable heavy vehicle transport of feedstock to the plant and digestate away from it for spreading on land;
    • That heavy vehicle traffic movements constitute a considerable problem for local residents on single carriageway roads;
    • That research shows that AD plants cannot necessarily be expected to contribute to the reduction of greenhouse gas emissions (only 1/3 of French AD plants studied did so[2]) and so do not necessarily constitute sustainable development.

     

    Council is asked to support:

     

    Planning officers to prepare a Supplementary Planning document outlining the conditions under which any further applications for Anaerobic Digestor plants, or the expansion of existing plants, would be acceptable and contribute to goals for climate change mitigation; and what planning conditions might be required be to ensure that this contribution is realised.

     

    [1] Does anaerobic digestion really help to reduce greenhouse gas emissions? A nuanced case study based on 30 cogeneration plants in France – Science Direct

     

    [2] Ibid

     

    Cllr G Westcott MOVED an AMENDMENT seconded by Councillor B Fish that that the Motion be referred to the Planning, Environment and Sustainability Policy Development Group, for review before it came back to Full Council.

     

    Consideration was given to:

     

    ·         To complete an Equality Impact assessment.

    ·         The districts wider audit of anaerobic digestor plant and the target of net zero.

    ·         The questions that were received from the member of public would be considered at the Planning, Environment and Sustainability Policy Development Group.

     

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

               

     

    8.

    Appointment of the Chair of the Scrutiny Committee (38:22)

    To elect the Chair of the Scrutiny Committee for the remainder of 2025/26.

    Minutes:

    Cllr A Cuddy nominated Cllr L Kennedy for election as Chair of Scrutiny. The nomination was seconded by Cllr B Holdman.

     

    Upon a vote being taken, it was:

     

    RESOLVED that Cllr L Kennedy be elected Chair of the Scrutiny Committee for the Municipal Year 2025/2026.

     

    Those voting AGAINST: Councillors:  M Binks, P Colthorpe and R Roberts.

     

    Those ABSTAINING from voting Councillors: N Bradshaw, M Jenkins, H Tuffin and G Westcott.

     

     

    9.

    Cabinet- Reports of the minutes held on 17 June 2025 and 8 July 2025 ( 44:33) pdf icon PDF 213 KB

    17 June 2025

    (Recommendations to Full Council)

     

    1.            2024/2025 Annual Treasury Management Review.

     

    Cabinet RECOMMENDS to Full Council that the actual 2024/25 Prudential and treasury indicators in this report be approved.

     

    8 July 2025

     

    Additional documents:

    • 202425 Annual Treasury Management Review Report , item 9. pdf icon PDF 641 KB
    • Cabinet Minutes- July 2025 , item 9. pdf icon PDF 276 KB

    Minutes:

    The Leader presented the reports of the meetings of the Cabinet held on 17 June and 8 July 2025.

     

    1. 2024/2025 Annual Treasury Management Review. 

     

    The Leader MOVED and seconded by Cllr M Fletcher:

     

    That the recommendation of Cabinet as set out in minute 6 be APPROVED.

     

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

     

    Note: * Report previously circulated.

     

    10.

    Scrutiny Committee- Reports of the Minutes of the meeting held on 14 April 2025- 9 June 2025 ( 46:30) pdf icon PDF 152 KB

    14 April 2025

     

    9 June 2025

     

     

     

     

    Additional documents:

    • Scrutiny Committee- Minutes- June 2025 , item 10. pdf icon PDF 267 KB

    Minutes:

    The Vice Chair of the Scrutiny Committee presented the reports of the meetings held on 14 April and 9 June 2025.

     

    11.

    Audit Committee- Reports of the Minutes of the meeting held on 24 June 2025 (47:00) pdf icon PDF 194 KB

    24 June 2025

    Minutes:

    The Chair of the Audit Committee presented the report of the meeting held on the 24 June 2025.

    12.

    Community, People and Equalities Policy Development Group - Reports of the Minutes of the meeting held on 17 June 2025 (47:30) pdf icon PDF 174 KB

    17 June 2025

    Minutes:

    The Chair of the Community, People and Equalities Policy Development Group presented the report of the meeting held on the 17 June 2025.

    13.

    Economy and Assets- Policy Development Group - Reports of the Minutes of the meeting held on 19 June 2025 (47:54) pdf icon PDF 183 KB

    19 June 2025

    Minutes:

    The Chair of the Economy and Asset Policy Development Group presented the report of the meeting held on 19 June 2025.

    14.

    Homes Policy Development Group - Reports of the Minutes of the meeting held on 3 June 2025 ( 48:40) pdf icon PDF 201 KB

    3 June 2025

    Minutes:

    The Vice-Chair of the meeting of the Homes Policy Development Group presented the report of the meeting held on 3 June 2025.

    15.

    Planning, Environment and Sustainability Policy Development Group - Reports of the Minutes of the meeting held on 10 June 2025 (49:05) pdf icon PDF 362 KB

    10 June 2025

    Minutes:

    The Chair of the Planning, Environment and Sustainability Policy Development Group presented the report of the meeting held on 10 June 2025.

     

    16.

    Service Delivery and Continuous Improvements Policy Development Group - Reports of the Minutes of the meeting held on 23 June 2025 (49:28) pdf icon PDF 452 KB

    23 June 2025

    Minutes:

    The Chair of the Service Delivery and Continuous Improvement Policy Development Group presented the report of the meeting held on 23 June 2025.

     

    17.

    Licensing Committee - Reports of the Minutes of the meeting held on 27 June 2025 (49:52) pdf icon PDF 153 KB

    27 June 2025

    Minutes:

    The Chair of the Licensing Committee presented the report of the meeting held on 27 June 2025.

    18.

    Regulatory Committee - Reports of the Minutes of the meeting held on 27 June 2025 (50:15) pdf icon PDF 160 KB

    27 June 2025

    Minutes:

    The Chair of the Regulatory Committee presented the report of the meeting held on 27 June 2025.

     

    19.

    Planning Committee - Reports of the Minutes of the meeting held on 9 April, 11 June and 2 July 2025 (50:40) pdf icon PDF 164 KB

    9 April 2025

     

    11 June 2025

     

    2 July 2025

     

    Additional documents:

    • Planning Committee- Minutes- June 2025 , item 19. pdf icon PDF 212 KB
    • Planning Committee Minutes- July 2025 , item 19. pdf icon PDF 155 KB

    Minutes:

    The Chair of the Planning Committee presented the reports of the meeting held on 9 April, 11 June and 2 July 2025.

    20.

    Standards Committee - Reports of the Minutes of the meeting held on 18 June 2025 (51:15) pdf icon PDF 243 KB

    18 June 2025

    (Recommendation to Full Council)

     

    1.            Advise to Elected Members who may be Victims of Crime

     

    Standards Committee RECOMMENDS to Full Council that all members note the procedures and the options available to them in the event of an incident occurring. 

    Additional documents:

    • ADVISE TO ELECTED MEMBER WHO MAY BE VICTIMS OF CRIME , item 20. pdf icon PDF 264 KB

    Minutes:

    The Chair of the Standards Committee presented the report of the meeting held on the 18 June 2025.

     

    1.  Advice to Elected Members who may be Victims of Crime.

     

    The Chair of the Standards Committee MOVED, seconded by Cllr L Taylor.

     

    THAT the recommendation of the Standards Committee as set out in Minute 13 be APPROVED

     

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

     

     Note: * Report previously circulated.

     

    21.

    Questions in accordance with Procedure Rule 11 (52:20)

    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.

    22.

    Special Urgency Decisions (52:35)

    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.

    23.

    Questions to Cabinet Members (52:38)

    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.

    24.

    Members Business (53:03)

    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.