Agenda and minutes

To receive any apologies for absence.

Apologies were received from Cllr N V Davey and R M Deed.

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

Kate Clayton-White

Our Comments and questions relate to the minutes of the Economy PDG (EPDG) dated the 12 January agenda item 10 reports (b). We think that the cabinet officers running Mid Devon Council show a complete disconnect from the day to day difficulties faced by the public, we faced inflation busting increases in food and energy bills so the decision to raise car parking charges by eye watering amounts is very hard to swallow and for some people unaffordable.

We rent an allocated space because we live on a town centre street with limited parking our annual rent will be increasing by 115% from £425 to £912.50. We cannot identify the meetings where this increase was discussed and who agreed it. The need for a review of car parking charges was raised by the EPDG on the 12 January but the cabinet seems to have publicised and imposed this huge increase before the recommended review has even taken place.

Their decision making process is hidden behind a veil of secret part 2 discussions, the results of which are unavailable to the press and to us the public. I use the word publicise very loosely, there has been no publicity at all. Communication from the Council has been dire, we only found out through a chance conversation with a neighbour. The Council uses email to remind us that fees are due yet can’t seem to use the same simple system to inform us of the increases. We suspect there will be many people who do not even know.

Last week’s press release stated that material costs have escalated our car sized piece of tarmac is not swept or tended in any other way by council employees, we cannot see how the higher material costs could possibly lead to this huge increase which will by the way generate an extra £28k per year from 51 spaces, cabinet meeting minutes from the 29 November contain financial monitoring information from last year which seem to show that the four year forecast for car park income is £30k ahead of budget.

If this is correct the only possible justification of such a huge increase must be to use car park renters and users as a cash cow to sure up financial deficiencies in other areas administered by the council who’s unexplained actions, lack of transparency and secretive decisions would seem fit to propel them head long into the rotten borrowed section of a future edition of private eye. So my question is, what was so commercially sensitive about raising car parking charges that the decision making process had to take place under private part 2 rules, i.e. in secret and why has the cabinet increased the charges before the recommended review has even occurred?

Neil Barclay –

I completely second what was said by my neighbour Kate Clayton-White just now, and my feelings and that of many of the residents I’ve spoken to are exactly the same, regarding the parking.

Paul Elstone –

Question  ...  view the full minutes text for item 124.

To record any interests on agenda matters.

The following interests were declared:

·         Cllr R Dolley, declared a personal interest that he lived in Tiverton.

·         Cllr B G J Warren, declared a personal interest that some residents within his ward own businesses in Tiverton and was aware of parking charges issues.

·         Cllr C J Eginton declared a personal interest as he owns a business in Tiverton and had attended Tiverton Town Centre Partnership meetings.

·         Cllr Mrs N Woollatt declared a personal interest as she received correspondence that related to the car parking charges.

·         Cllr Mrs C Daw declared a personal interest, she had been spoken to by shopkeepers in Tiverton.

·         Cllr D J Knowles declared a personal interest as he had received letters and associated with one of the public speakers.

·         Cllr S J Clist declared a personal interest that he had received letters and associated with one of the public speakers.

·         Cllr F Letch declared a personal interest that he had received a petition in Crediton.

·         Cllr J Cairney declared a personal interest that he owns a business in Crediton.

·         Cllr B Holdman declared a personal interest as he had been contact by residents to do with matters on the agenda.

·         Cllr Mrs E Slade declared a personal interest as she was approached by residents in relations to items on the agenda.

·         Cllr Mrs S Griggs – declared a personal interest as she had been contacted by residents to do with matters on the agenda.

·         Cllr R Stanley declared a pecuniary interest in that he is a director of 3 Rivers Developments Ltd.

To consider whether to approve the minutes as a correct record of the meeting held on 14 December 2022 and the Extraordinary Council Meeting held on the 18 January 2023.

It was MOVED by Cllr A Wilce, Seconded by Cllr G Barnell that:

“We move onto the next item of business and the minutes now be referred to the next meeting of the Council”

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

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

The Chairman presented a long service Award to Jenny Kane, the Chairman and Members of the Council thanked her for 25 years of service to Mid Devon District Council.

It was MOVED by Cllr Mrs N Woollatt, Seconded by Cllr A Wilce that:

“The order of the agenda be changed so that the recommendations of Scrutiny of the 13 February be taken before the recommendations of Cabinet of the 7 February which contains the budget, as the scrutiny recommendations if approved will have an impact on what can be agreed within the budget, in the Cabinet’s recommendations within 7 February report. If that isn’t done then there will be an undermining of the recommendations from Scrutiny.”

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

It was MOVED by Cllr G Barnell, Seconded by Cllr B A Moore:

“That we appoint a Leader of the Council.”

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

The Chairman sought nominations from Members of the Council, which were as followed:

It was MOVED by Cllr Mrs C Daw, Seconded by Cllr Mrs E Lloyd that:

“Cllr B G J Warren be appointed as Leader of the Council”

An AMENDMENT was MOVED by Cllr R Chesterton, Seconded by Cllr C Slade that:

“Cllr C J Eginton be appointed as Leader of the Council for the remainder of the municipal year.”

Upon a vote being taken, the AMENDMENT was declared to have FAILED.

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

It was then:

RESOLVED that Councillor B G J Warren be elected Leader of the Council.

To receive any petitions from members of the public.

Petitions were received in relation to the increased parking charges.

1.     Motion 590 (Councillor S Penny – 16 January 2023)

The council agrees that a review of the current practice of housing allocation by Devon Home Choice takes place. A number of residents have raised concerns over the lack of available social housing opportunities for the people of Mid Devon within the current scheme.

2.     Motion 591 (Councillor Mrs N Woollatt – 8 February 2023)

That this Council recognises that in order for the taxpayers to have faith in the ability of the Mid Devon District Council to make effective and transparent decisions that there has to be a fundamental change in the decision making process. 

That this Council also acknowledges that in a mature democracy there is a need for inclusive government which enables all members to make a valuable contribution in the running of the Council. 

Therefore this Council resolves to change from the Cabinet system of governance to a modernised committee system to be implemented from the Annual meeting of 2024.

3.     Motion 592 (Councillor C J Eginton – 9 February 2023)

As per the Constitution, Article 6 - The Executive (Cabinet) 6.3(d) Removal of the Leader, I wish to formally submit and propose the following motion: That, Cllr Bob Deed, be removed from the position of the Leader of the Council with immediate effect.

(Should Motion 592 be carried, the election of a Leader would be required)

1.    Motion 590 (Councillor S Penny – 16 January 2023)

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

The Council agrees that a review of the current practice of housing allocation by Devon Home Choice takes place. A number of residents have raised concerns over the lack of available social housing opportunities for the people of Mid Devon within the current scheme.

The MOTION was MOVED by Councillor S J Penny and Seconded by Councillor F W Letch

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 that:

·         A review was necessary.

·         It was challenging for local people to remain in their local area.

·         Mid Devon District Council’s own policy needed to be reviewed and it was felt that there was a lack of available social housing opportunities.

·         There was a need for affordable homes to be built.

Cllr G Barnell MOVED an AMENDMENT, Seconded by Cllr R Evans that:

“The Scrutiny Committee to conduct an investigation both into the allocation policy and into the delivery of social and affordable rented housing by the Council.”

Therefore the amended motion would read:

This Council agrees that a review of the current practice of housing allocation by Devon Home Choice takes place, together with a review of the Council’s performance and plans in delivering affordable and social rented housing. A number of residents have raised concerns over the lack of available social housing opportunities for the people of Mid Devon within the current scheme. The Council resolves to ask the Scrutiny Committee to commission this review and to report to Council and Cabinet as soon as possible.

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

2.    Motion 591 (Councillor Mrs N Woollatt – 8 February 2023)

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

That this Council recognises that in order for the taxpayers to have faith in the ability of the Mid Devon District Council to make effective and transparent decisions that there has to be a fundamental change in the decision making process.

That this Council also acknowledges that in a mature democracy there is a need for inclusive government which enables all members to make a valuable contribution in the running of the Council.

Therefore this Council resolves to change from the Cabinet system of governance to a modernised Committee system to be implemented from the Annual Meeting of 2024.

The MOTION was MOVED by Councillor N Woollatt and Seconded by Councillor L Taylor.

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:

·         On the 17 March 2021, Council voted to retain the Cabinet system. That work was undertaken by the Governance Working Group be noted.

·         That the method of governance should not be imposed onto the new administration.

·         This resolution would not  ...  view the full minutes text for item 131.

Cllr D J Knowles presented the report of the meeting of the Cabinet held on 3 January 2023.

1. Council Tax Base (Minute 113)

Cllr D J Knowles MOVED Seconded by Cllr E J Eginton:

THAT the recommendations of the Cabinet as set out in Minute 113 be ADOPTED.

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

Reason for the Decision: as stated in the report.

Cllr D J Knowles presented the report of the meeting of the Cabinet held on 31 January 2023.

The Chairman of the Scrutiny Committee presented the report of the meeting of the Committee held on 13 February 2022.

1.    Decisions of the Cabinet (Minute 76)

Cllr S J Clist MOVED, Seconded by Councillor G Barnell:

THAT the recommendations 1, 3, 4 and 5 of the Scrutiny Committee as set out in Minute 76 be AGREED.

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

Cllr R Chesterton MOVED, Seconded by Cllr R Dolley that:

“Officers are asked by Full Council to stop the process of the parking charges coming in on the 7 March.”

Cllr J Downes MOVED an AMENDMENT, Seconded by Cllr Mrs S Griggs that:

“That we look to take the money out of budget, but the steer is that we’ll be taking the Economy PDG recommendation which was in line with inflation, reviewing the excessive that were placed in the budget for extended stay and permits.

“That we put a stop to the process that is happening on 7 March I think that’s key to me to be in there and a review an urgent review from the Economy PDG.”

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

Cllr A Wilce MOVED, Seconded by Cllr G Barnell that:

“That we move on to the next item of business and refer this one that we’ve been dealing with to the next another meeting of the Full Council.”

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

The Council had before it a *report of the Deputy Chief Executive setting the Council

Tax for 2023/2024.

Cllr G Barnell MOVED, Seconded by Councillor B A Moore:

That the Council approve the formal Council Tax Resolution as laid out in

Appendix 1, subject to the approval by each Precepting Authority of its own

Precepts as included within this report.

With regard to the draft Council Tax Resolution in respect of the year 2023/2024:

The Chairman then MOVED in accordance with Procedure Rule 19.7:

“THAT the vote in respect of this item shall be by roll call.”

A roll call of Councillors present at the meeting was then taken:

Those voting FOR the MOTION: Councillors: G Barnell, J Bartlett, EJ Berry, W Burke, R J Chesterton, C A Collis, F J Colthorpe, D R Coren, C P Daw, R J Dolley, J M Downes, C J Eginton, R Evans, S Griggs, P J Heal, D J Knowles, F W Letch, B A Moore, J Norton, D F Pugsley, R F Radford, C Slade, E J Slade, M E Squires, R L Stanley, L D Taylor, B G J Warren, A White, A Wilce, N Woollatt, J Wright, A Wyer.

Those voting AGAINST the MOTION: Councillors: J Buczkowski, J Cairney, S J Clist, L Cruwys, B Holdman.

The MOTION was declared to have been CARRIED and it was accordingly:

RESOLVED that the recommendations within the report be approved.

Reason for Decision: there is a need for the Council to set the Council Tax for

2023/24.

Note: *Report previously circulated, copy attached to the minutes.

The Chairman of the Scrutiny Committee presented the report of the meeting held on 16 January 2023.

Cllr A Wilce MOVED, Seconded by Cllr G Barnell that:

“This item, we move on from this item, and it’s referred to the next Council meeting as insufficient notice had been given for the documents.”

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

The Chairman of the Scrutiny Committee presented the report of the meeting held on 20 February 2023.

The Vice Chairman of the Audit Committee presented the report of the meeting held on 24 January 2023.

The Chairman of the Environment Policy Development Group presented the report of the meeting held on 10 January 2023.

The Chairman of the Homes Policy Development Group presented the report of the meeting held on 17 January 2023.

The Chairman of the Community Policy Development Group presented the report of the meeting held on 24 January 2023.

The Chairman of the Economy Policy Development Group presented the report of the meeting held on 12 January 2023.

The Chairman of the Planning Committee presented the report of the meeting held on 4 January 2023.

The Chairman of the Planning Committee presented the report of the meeting held on 18 January 2023.

Cllr A Wilce MOVED, Seconded by Cllr Mrs N Woollatt:

“That we move onto the next item of business and this matter stands referred to the next meeting of the Full Council as it having been sufficient time for consideration.”

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

Report of the District Solicitor and Monitoring Officer.

The Council had before it a report of the District Solicitor and Monitoring Officer setting out the recommended Members’ Scheme of Allowances for 1 April 2023 to 31 March 2024.

The District Solicitor outlined the contents of the report of the Independent Remuneration Panel.

Cllr R Evans MOVED an AMENDMENT, Seconded by Cllr R Dolley that:

“All Members accept no increase in Council allowances or special responsibility allowances for the year 2022/23. This will save the Council approximately £13,000. For 2023/24, a basic allowance of some £6,000 is paid to all Members, then the special responsibility allowances that will allow for. This would be as follows:

“Based on the £6,000 paid basic allowance the Leader, whoever that would be, would receive the basic allowance plus the basic allowance x2; the Deputy Leader, all Cabinet Members, Chairs of Planning and Scrutiny would get the basic allowance plus another allowance x1; 4 PDG Chairs and the Audit Chair would get the basic allowance and the allowance x0.5; Chair of Council would get the basic allowance and the allowance x0.5; and the Chairs of Standards and Licensing would get the basic allowance and the allowance x0.25.”

Cllr J Buczkowski MOVED a SECOND AMENDMENT, Seconded by Cllr B Holdman that:

“No increases are made for 23/24, so there is essentially a freeze on all allowances and the retrospective for 22/23 again is frozen as was in the original proposal.”

Upon a vote being taken, the SECOND AMENDMENT was declared to have FAILED.

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

(Cllr L Taylor Abstained)

Note: *Report previously circulated, copy attached to minutes.

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 13.2.

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 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 C J Eginton asked the Leader if he could ensure that Cllr R Deed would not remain the Cabinet Member for Finance. The Leader of the Council noted that a written answer would be given.

Cllr C Slade asked the Leader when a new Cabinet could be expected and how many Cabinet appointments does he intend to make. The Leader explained that a meeting with the Chief Executive had been arranged and Councillors would be approached and Councillors would be informed accordingly.

Cllr R Chesterton asked the Leader if he would commit to have Cabinet Members ready to be asked questions at the next Full Council meeting. The Leader explained that in the short time available Cabinet Members would still be understanding their remits but would try to answer as best they can. 

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

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

The Leader thanked Members for their support.