Venue: Council Chamber, Town Hall, Tiverton
Contact: Sally Gabriel
Link: audio recording
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Apologies To receive any apologies for absence. Minutes: Apologies were received from Cllrs Mrs C P Daw, P H D Hare-Scott, F W Letch and T W Snow. |
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To approve as a correct record the Minutes of the Meeting of Council on 9 September and the Extraordinary of Council meeting of the same day.
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 9 September were agreed as a correct record and signed by the Chairman.
The minutes of the extraordinary meeting held on 9 September 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 reminded Members of an extraordinary meeting of the Council to be held at 4.00pm on Wednesday 9 December, this would be followed by the Honorary Aldermen reception and ceremony. |
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Public Question Time (00-04-40) To receive any questions relating to items on the agenda from members of the public and replies thereto.
Minutes: There were no questions from members of the public present. |
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Petitions To receive any petitions from members of the public.
Minutes: There were no petitions from members of the public. |
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Notices of Motions (00-3-00) (1) Motion 523 (Councillor N A Way – 23 October 2015)
The Council has before it a MOTION submitted for the first time: Council supports the introduction of a through rail service from Barnstaple to Waterloo on the Tarka line and return on a daily bases Monday to Saturday. Stopping at Crediton and the village stations serving the various communities within Mid Devon. An opportunity to introduce this new service now appears to be a real possibility at no extra cost to the public purse. We advise First Great Western, South West Trains and Devon County Council of our support for the introduction of such a rail service improvement. In accordance with Procedure Rule 13.4, 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 523 (Councillor N A Way – 23 October 2015)
The Council had before it a MOTION submitted in accordance with Procedure Rule 13.1: Council supports the introduction of a through rail service from Barnstaple to Waterloo on the Tarka line and return on a daily bases Monday to Saturday. Stopping at Crediton and the village stations serving the various communities within Mid Devon. An opportunity to introduce this new service now appears to be a real possibility at no extra cost to the public purse. We advise First Great Western, South West Trains and Devon County Council of our support for the introduction of such a rail service improvement. The MOTION was MOVED by Councillor N A Way and seconded by Councillor R M Deed In accordance with Procedure Rule 13.4, the Chairman of the Council had ruled that the Motion be dealt with at this meeting. Following debate and upon a vote being taken, the MOTION was declared to have been CARRIED. Notes: i) Cllr N A Way declared a personal interest as a Member of the County Council;
ii) Cllr R M Deed declared a personal interest as he used to run Honiton Station.
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Cabinet - Report of the meeting - 24 September 2015 (00-18-35) PDF 136 KB
(1) Cabinet - 24 September 2015 - 22 October 2015 (2) Scrutiny Committee - 5 October 2015 - 2 November 2015 (to follow) (3) Audit Committee - 29 September 2015 (4) Managing the Environment Policy Development Group - 22 September 2015 (5) Decent and Affordable Homes Policy Development Group - 6 October 2015 (6) Community Well-Being Policy Development Group - 13 October 2015 (7) Planning Committee - 23 September 2015 - 21 October 2015 (8) Licensing Committee - 15 October 2015
(9) Regulatory Committee - 15 October 2015
(10) Standards Committee - 19 October 2015
Additional documents:
Minutes: The Leader presented the report of the meeting of the Cabinet held on 24 September 2015.
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Cabinet - Report of the meeting - 22 October 2015 (00-18-40) Minutes: The Leader presented the report of the meeting of the Cabinet held on 22 October 2014.
Arising thereon:-
(1) Waste Education and Enforcement Policy (Min 10)
The Leader MOVED, seconded by Councillor N V Davey:
“THAT the recommendation of the Cabinet as set out in Minute 74 be ADOPTED”.
Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.
The Council had before it questions* submitted by Councillor Mrs J Roach in accordance with Procedure Rule 12.2(1) together with a response from the cabinet Member for the Environment.
Councillor Mrs Roach asked a supplementary question stating that as there were no plans to issue enforcement notices at the present time to people who put the kitchen waste in their paid for brown bin and the fact that the blue bin and the brown bin were being tipped into the same lorry, why did the Council not treat the public as adults and let them continue to put food and garden waste together until the time came when they would be separated.
The Cabinet Member for the Environment stated that waste would currently be disposed of in the same way, in 18 months time this would change, but there was a need to keep it simple and set out the process and keep to it.
(2) Local Development Scheme and Local Plan Review Update
The Leader MOVED, seconded by Councillor R J Chesterton:-
“THAT the recommendation of the Cabinet as set out in Minute 79 be ADOPTED”.
Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.
The Council had before it questions* submitted by Councillor Mrs J Roach in accordance with Procedure Rule 12.2(1) together with a response from the Cabinet Member for Planning and Economic Regeneration.
Councillor Mrs Roach asked a supplementary question stating that the call for land for the Local Plan had taken place two years ago and people were still waiting to find out the result alongside those who had made representation, therefore were they going to inform people?
The Cabinet Member for Planning and Economic Regeneration explained that he would discuss this further with the Head of Planning and Regeneration and look into the cost implications of informing people of the proposed timetable.
(3) Review of the Article 4 Direction for Cullompton
The Leader MOVED, seconded by Councillor Mrs N Woollatt:-
“THAT the recommendation of the Cabinet as set out in Minute 80 be ADOPTED”.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
(4) Schedule of Meetings 2016/17
The Leader MOVED, seconded by Councillor Miss C E L Slade:-
“THAT the recommendation of the Cabinet as set out in Minute 84 be ADOPTED”.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
The Council had before it other questions* submitted by Councillor Mrs J Roach in accordance with Procedure Rule 12.2(1) together ... view the full minutes text for item 73. |
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Scrutiny Committee - Report - Meeting held on 5 October 2015 (00-46-32) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 5 October 2015.
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Scrutiny Committee - Report - Meeting held on 2 November 2015 (00-48-06) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 2 November 2015.
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Audit Committee - Report - Meeting - held on 29 September 2015 (00-53-42) Minutes: The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 29 September 2015.
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Managing the Environment Policy Development Group - Report - Meeting held on 22 September 2015 (1-01-45) Minutes: The Chairman of the Managing the Environment Policy Development Group presented the report of the meeting of the Group held on 22 September 2015.
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Decent and Affordable Homes Policy Development Group - Meeting - held on 6 October 2015 (1-03-23) Minutes: The Chairman of the Decent and Affordable Homes Policy Development Group presented the report of the meeting of the Group held on 6 October 2015.
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Community Well-Being Policy Development Group - Report - Meeting held on 13 October 2015 (1-03-55) Minutes: The Chairman of the Community Well Being Policy Development Group presented the report of the meeting of the Group held on 13 October 2015.
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Planning Committee - Report - Meeting held on 23 September 2015 (1-05-08) Minutes: The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 23 September 2015
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Planning Committee - Report - Meeting held on 21 October 2015 (1-06-03) Minutes: The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 21 October 2015.
Note: Councillor Mrs J Roach declared a personal interest in Minute 66 (d) as she lived near to the proposed development. |
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Licensing Committee - Report - Meeting 15 October 2015 (1-14-58) Minutes: The Chairman of the Licensing Committee presented the report of the meeting of the Committee held on 15 October 2015.
Arising thereon:-
(1) Third Review of the Gambling Act 2005 – Statement of Principles (Min 11)
The Chairman of the Licensing Committee MOVED, seconded by the Leader:-
“THAT the recommendation of the Licensing Committee as set out in Minute 11 be ADOPTED”.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
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Regulatory Committee - Report - Meeting 15 October 2015 (1-16-15) Minutes: The Chairman of the Regulatory Committee presented the report of the meeting of the Committee held on 15 October 2015.
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Standards Committee - Report - Meeting 19 October 2015 (1-16-43) Minutes:
The Chairman of the Standards Committee presented the report of the meeting of the Committee held on 19 October 2015.
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Questions (1-17-29) To deal with any questions raised pursuant to Procedure Rule 12 not already dealt with during the relevant Committee report.
Minutes: There were no questions submitted under Procedure Rule 12.2. |
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Access to Information Act - Exclusion of the Press and Public (1-17-52) During discussion of the following item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Council will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
To consider passing the following resolution so that individuals may be discussed.
Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating information relating to any individual.
Minutes:
Prior to considering Item 10 on the agenda discussion took place as to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. The Council decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
It was therefore
RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.
(Proposed by the Chairman)
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Recommendation from the Appointments Panel To consider a recommendation of the Appointments Panel (to follow) Minutes: The Council had before it a * report of the Appointments Panel making a recommendation following interviews for a new Chief Executive.
Following discussions with regard to the candidates and the process that had taken place, the meeting returned to open session.
The Leader MOVED seconded by Councillor R J Chesterton that the recommendation of the Appointments Panel be approved and that Stephen Walford be appointed as the new Chief Executive.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
Note: *Report previously circulated.
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Six Monthly Briefing from the Leader (1-22-24) The Leader, Councillor C J Eginton, will address the Council.
Minutes: The Leader of the Council addressed the Council on a number of issues:
· The Homes and Communities Agency had following a bid contributed £1.25m towards the building of council houses in Palmerston Park and Birchen Lane, Tiverton, special mention was made of the work of Mrs Katie Furner with regard to this matter.
· The Local Plan was progressing, it was hoped that submission would take place in June 2016 with the examination later in the year.
· Police Crime Commissioner Mr Tony Hogg had attended the Scrutiny Committee on Monday. Inspector Alford-Mole would be attending a Member briefing on 10 November and was keen to learn of Members ideas on local policing, he therefore encouraged attendance on that date.
· The Corporate Plan was being progressed which required all Member input, an away day had been organised for 27 November and he therefore encouraged attendance.
· Waste and Finance had already been discussed at the meeting and therefore he felt that these issues had been covered. |
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Questions to Cabinet Members (1-26-18) Cabinet Members will answer questions from Members on their Portfolios.
Minutes: 1. Councillor N A Way addressing the Leader voiced his concerns regarding the special meeting of the Community Well-Being Policy Development Group (that had taken place the previous day), the content of the Grants report, the fact the Cabinet Member had not seen the detail of the report before publication and was unhappy with certain aspects; the outcome of the meeting had been that a working group be formed to look at the grant issues. Why was the report tabled as this was very unsatisfactory?
The Leader stated that he had not been present at the meeting and therefore the Cabinet Member should speak for himself. In relation to the Grand Western Canal no decision had been made and further discussions would take place.
The Cabinet Member for Community Well-Being stated that he had expressed his disappointment that the report had been changed since he had seen it and that he was distressed at the recommendation with regard to the Grand Western Canal. A working group had been formed and it would discuss the grant issues, a separate meeting would also take place with Devon County Council with regard to funding for the Grand Western Canal.
Councillor R M Deed spoke of his working relationship with officers whilst he was Cabinet Member and voiced his concern regarding a breakdown of communication between the Cabinet Member and officers.
The Cabinet Member stated that he had a very good working relationship with officers, in this instance the report had arrived at the last minute, he had commented but his comments had not been taken into consideration.
2. Councillor Mrs J B Binks asked the Cabinet Member for Community Well-Being when the report regarding the Grants was sent to him.
The Cabinet Member responded stating that he had received the report 2 days before publication.
3. Councillor L D Taylor addressing the Leader stated that Bradninch Town Council had been asked to contribute to the costs of amenity car parks, grass cutting and looking after 2 play areas and they had lost 75% of the burial grant which had been received since the 1980’s, to cover these costs they would have to increase the precept, during the last 5 years Mid Devon had not increased their Council Tax.
The Leader stated that it was all about devolved services, brought forward by the last coalition Government which gave opportunities for the community to take on local services. He was very proud of the fact that the Council Tax had not risen in the last 5 years, the budget for 2016/17 had yet to be set and that we would know more in the New Year.
4. Councillor Mrs A R Berry asked the Cabinet Member for Community Well-Being why given that the Cabinet Member had had so little time to consider the report, why was the meeting not postponed?
The Cabinet Member stated that there had been no problems in the previous year, yesterday the PDG could have come to a conclusion and there ... view the full minutes text for item 89. |
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Members Business (1-45-42) 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: There was no Members Business to be discussed. |
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