Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Councillor: R Gilmour, A Glover, L Kennedy, G Westcott, N Woollatt and D Wulff.

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.

Goff Welchman

Chair of the Council:

Thank you for your questions, I would be rejecting these questions for this meeting as the questions you submitted are substantially the same questions as were asked at the Cabinet Meeting on the 9^th July 2024, answers were provided at the meeting as well as a written response.

Cabinet meeting 9th July Minutes including the questions of Mr Welchman and Answers from the Leader of the Council

Leader of the Council:

I am disappointed to have read in the Tiverton Gazette today that Mr Welchman stated I refused to read his questions at Cabinet. All councillors and members of public present could confirm I read his questions and also gave responses to those questions. I would sincerely hope and ask that Mr Welchman considers a secondary letter to the Gazette to let the readers know of his error. Thank you

Mrs Hannah Kearns

At the Audit Committee of the 25th June 2024, I asked various questions related to the high redundancy package provided to the 3 Rivers Managing Director. Someone who was a previous MDDC senior employee.

One question askes was as follows ‘The Compensation and Pension Contribution figures seem excessive for someone with only three year’s service and at £143,264.

The answer received from the Cabinet Member for Governance, Finance and Risk was and I quote ‘The applicable length of service included the previous service at Mid Devon District Council’.

It had been identified in the MDDC Budget Statement of Accounts and for the year 2020-2021 Page 145 that a payment was made to the same individual and for a sum of £33,000 or equivalent to 6 months’ salary.

The reason for this £33,000 payment is given in a table on Page 145 as ‘Compensation for Loss of Employment’.

A note reference to the payment made- Note 5, says ‘Due to the restructure of 3 Rivers Developments Ltd, the Acting Managing Directors secondment from Mid Devon Council ended 31st March 2021 and as at the 1st April 2021 would be directly employed by 3 Rivers Development Ltd’.

Additionally, despite the individual involved remaining an MDDC employee had been seconded to 3 Rivers and for the full 2020-2021 financial year the same employee received a salary increase of 6.7% against the previous year, yet his peer group MDDC Officers received a salary increase of less than half that at 2.8%.

From the information it could be seen there was absolutely no loss of employment not even a break. That in fact the individual concerned was already on enhanced salary and pension terms.

Question 1:

What precisely was the £33,000 payment for as clearly it was not for loss of employment?

Question 2:

Was the payment related to any form of “Special Deal”?

Question 3:

Was the Council Leader and/or Cabinet involved in agreeingthe full terms of this £33,000 payment?

Question 4:

If not, why not?

Barry Warren

In 2019/20/21 you were Chairman of the Scrutiny Committee and I was also a  ...  view the full minutes text for item 180.

To record any interests on agenda matters.

Cllr A Cuddy at item 10 declared an interest due to the location of his restaurant.

To consider whether to approve the minutes as a correct record of the meeting held on 22^nd May 2024.

The minutes of the meeting held on the 22 May 2024 were AGREED as a correct record and signed by the Chair.

To receive a short address from Devon Young Carers.

Mr Badcott addressed the Council about the Devon Young Carers the following was outlined:

·         Devon Young Carers was a part of a small charity called West Bank Community Care and are commissioned by Devon County Council to provide support services for both Adult and Young Carers across the whole of Devon.

·         A team of 6 people who cover the whole of Devon, a positive note that in the last general election someone who is familiar to you, the Member of Parliament (MP) for Kingston Ed Davey who has given the role and prominence of carers a real boost.

·         Leaflets had been left for Members which would explain a little bit more detail about Devon Young Carers. The age ranges from 4 to 18 for those who look after people in their families who are ill, disabled, had significant mental health problems or drug and alcohol issues.

·         The impact on Young Carers was profound, you only get one chance of a childhood; a good one, a bad one, or an indifferent one and this could be taken for granted.

·         As a child or a teenager you may have the opportunity to play freely with friends, join a football team or join Cubs, Brownies and Guides but if you are a young carer you do not get those opportunities. Young Carers may not get this opportunity many factors such as helping your family, to give medication, make tea for siblings.

·         Being Young Carer had a big impact on how you get on at school, whether you go to university, and the type of job you can do or whether you can take on an apprenticeship.

·         One in three Young Carers struggle to really balance those caring responsibilities with their own education and statistically on average Young Carers miss 27 days of school each year because of their caring responsibilities.

·         Advice, support and guidance was available for parents to help provide trips and activities across Mid Devon.

·         The Sector was underfunded and working with the Chair of Council at Mid Devon District Council there would be an opportunity to raise some money at his Chairs event in October this year.

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

The Chair had the following announcements to make:

·         In June he attended the D Day flag of Peace and well attended.

·         In June he had attended Macmillan fund raiser in Cullompton. Raised over £2000.

·         He attended a funeral and paid his respects on behalf of the Council to Mark Newsome. Mark was a great local man on sea cadets and involved in the primary school.

·         He had attended Petroc student Awards in Tiverton. The best electret engineer and best student voting on by the Governors of Petroc to a young lad called Zac.

·         In July he had attended Coldharbour Mill Kings as the Charity was receiving an award.

To receive any petitions from members of the public.

There were no petitions presented.

To receive any notices of motions.

There were no motions received.

The Leader presented the report of the meeting of the Cabinet held on 4^th June 2024.

1.    Complaint Policy (Minute 7)

The Leader MOVED seconded by Cllr S Clist 

That the recommendations of the Cabinet as set out in minute 7 be ADOPTED.

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

2.    Annual Treasury Outturn Report 2023/2024 (Minute 13)

The Leader MOVED seconded by Cllr J Buczkowski 

That the recommendations of the Cabinet as set out in minute 13 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 9^th July 2024.

It was with pleasure that the Leader presented the new Corporate Plan this evening.  This document had been years in the making, and tonight, The Council  had the opportunity to review and hopefully agree it and set out the positive and optimistic future plan for the Mid Devon District.

The proposals within the Corporate Plan follow on from the Liberal Democrats' victory last May.  They had put tangible actions and measurable objectives on the promises that had been made to those who elected us. The commitment to fulfil the commitments, transforming them into the targets and ambitions the Council aim to achieve over the next few years and beyond.  If the Plan was agreed, they would be able to measure the delivery publicly in a way that is transparent and open to scrutiny of what the Council would do well at, or what would need improvements.

This plan was the result of a collective effort—not just from the Leader, the Cabinet, Officers, or the Liberal Democrat members, but from all Councillors. Every Councillor had the opportunity to discuss ideas, recommend improvements, and suggest changes as the plan was reviewed by the Cabinet, the PDGs, and committees. Many of these recommendations had been incorporated, and what you see before you tonight was a testament to collaborative efforts as a forward-looking and ambitious Council.  The Leader had appreciated the rich discussions and debates, and this demonstrates the value of working together in the best interests of our residents and communities. Thank you to everyone who participated and contributed to shaping the direction of this Council.

The Leader extended a heartfelt thank you to all the Officers who had made this possible, particularly Dr. Stephen Carr, whose invaluable contributions had turned ideas and feedback into this visionary document.

The Leader also extended a thank you to Cllr J Buczkowski for providing much of the early framework that helped to capture ideas and aspirations and focus them into achievable aims.

This was the Councils Corporate Plan, and the Leader hoped all would support its adoption by this Council as the work continues to move forward with clear goals, firm resolutions, and a strong sense of direction.

1.    Corporate Plan

The Leader MOVED seconded by Cllr J Buczkowski  ...  view the full minutes text for item 187.

Cllr G Czapiewski presented the report of the meeting of the Scrutiny Committee on 15^th April 2024.

1.    Motion 564 Inclusion and Diversity.

Cllr G Czapiewski MOVED, seconded by Cllr S Robinson

That the recommendation of the Scrutiny Committee as set out in Minute 97 be ADOPTED

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

The Chair of Audit Committee presented the report of the meetings held on 30^th April and 25^th June 2024.

The Chair present the report of the meeting of the Community Policy Development Group held on the 25^th June 2024

The Chair presented the report of the meeting of Economy and Asset Policy Development Group held on 20^th June 2024.

The Chair presented the report of the meeting of Homes Policy Development Group held on 11^th June 2024.

The Chair presented the report of the meeting of the Planning Environment and Sustainability Policy Development Group held on 18^th June 2024.

The Chair presented the report of the meeting of the Service Delivery and Continuous Improvements Policy Development Group held on 24th June 2024.

The Chair presented the report of the meeting of the Planning Committee held on 10th April, 8th May and 12th June 2024.

The Chair presented the report of the meeting of the Licensing Committee held on 28^th June 2024.

The Chair presented the report of the meeting of the Regulatory Committee held on 28th June 2024.

1.   Hackney Carriage and Private Hire (Taxi) Policy Update (Minute 8)

The Chair of Regulatory Committee MOVED, seconded by Cllr J Buczkowski

That the recommendation of the Regulatory Committee as set out in Minute 8 be ADOPTED.

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

The Vice-Chair presented the report of the meeting of the Standards Committee held on 19th June 2024.

To consider the report from the Head of Housing and Health on the Permanent Pavement Licensing Provisions.

The Council had before it a report* setting out the Permanent Pavement Licensing provisions from the Head of Housing and Health.

The Head of Housing and Health outlined the contents of the report with particular reference to the following:

·         The permanent provisions for pavement licensing introduced under the Levelling Up and Regeneration Act 2023 (the Act). The legislation would make permanent the temporary pavement licensing regime introduced under the Business and Planning Act 2020.

·         The Council already had a process in place to manage the regime following its original, temporary introduction. The process would therefore remain going forward with relevant amendments relevant to the new legislative provisions and fees.

·         Under the Act the application fee for an existing licensee seeking to renew their consent could be set up to a maximum amount of £350. For new applications (including applications from previous licensees whose licences had expired) the application fee could be set up to a maximum fee of £500. This was an increase from the current £100 application fee for a new licence set under the previous legislation as noted above.

Consideration was given to:

·         What the cost would be for licensees?

·         Would Devon County Council and or highways apply a fee as well as Mid Devon District Council?

·         Concerns about those with visual impairment.

·         Clarification about permanent Chairs and tables outside to those that bring out daily and pack away.

·         Review dates of policies.

·         What consideration had been given to this provision if the Council adopted.

·         For officers to be sensible and practicable.

·         Most cost for businesses could be claimed back and tax deductible.

The Chair MOVED:

1.    That Full Council delegate authority to the Head of Housing and Health for the administration and enforcement of the provisions within the Act. These delegations can then be sub-delegated to relevant officers.

2.    That Full Council delegate authority to the Head of Housing and Health for the setting of fees for pavement licences within the provisions of the Act.

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

Those ABSTAINING from voting: Cllr H Tuffin

To consider the appointment to outside bodies for Council for the Protection of Rural England (CPRE) and seek one representative to the position available and seek one representative to Devon Countryside Access Forum.

The following appointments to Outside Bodies were AGREED.

Cllr S Clist to be appointed to Council for the Protection of Rural England (CPRE)

Cllr S Clist to be appointed to Devon Countryside Access Forum.

Cllr J Buczkowski MOVED Seconded by Cllr G DuChesne:

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

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 Chair 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.

Consideration was given to:

Cllr L Taylor MOVED an AMENDMENT and seconded by Cllr F Letch

That the ungrouped seat for Standards Committee and Homes Policy Development Group be allocated to ungrouped member.

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

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

Note: *table previously circulated.

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

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

There were no questions.

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 Chair 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 A White asked the following questions:

Question 1

For the Cabinet Member for Governance, Finance and Risk Cllr J Buczkowski

Can the Cabinet Member confirm that while the council was run by a Liberal Democrat administration the local charity run village halls would never have to pay rates, as they understand the vital role that many village halls play in the community and would wish to do everything they could to support them?

Cabinet Member for Governance, Finance and Risk.

Most village halls that are run by committees or charitable trusts for public benefit are eligible to receive 80% mandatory charity relief and could apply for a further 20% discretionary relief; if the conditions are met, then this additional relief would be granted.

Reliefs are periodically reviewed, and as long as the tests are met to retain relief then mandatory or discretionary relief would not be withdrawn.

This administration updated and approved the Councils Policy for the granting of Discretionary non-domestic rate relief on the 6th February this year, and had no plans to revisit it.

If a particular venue was no-longer eligible other reductions could be looked at such as, Retail Hospitality & Leisure Relief, Small Business Rates Relief, not for profit , Rural Rare Relief as example.

It was probably worthy to note that discretionary reliefs do not apply to halls owned and operated by parish or town councils other than statutory reliefs, this was statutory not a local policy.

So, the short answer Cllr A White, would be no, the Council had no plans to change the discretionary non-domestic rate relief scheme, if there are concerns relating to a specific case, I’d be happy to look at that directly with you.

Question 2

For the Cabinet Member for Planning and Economic Regeneration Cllr S Keable

What steps can the council take to ensure that all of our high streets in our communities are disabled friendly? Can the council provide support to our shop-keepers to ensure that all residents are able to access their premises regardless of ability?

Cabinet Member for Planning and Economic Regeneration:

Access for all, and especially within the public realm, was essential.  Such improvements were possible in Cullompton through the Heritage Action Zone funding.  There was still more that could be done, and hopefully once the Town Centre Relief Road had become a reality, attention could be paid to other improvements to the main street. 

I understand the context of the question was Crediton which certainly had challenges for all people and not just those people with disabilities: but especially for people with mobility disabilities.  Cabinet would be considering the Crediton Master Plan at the next Cabinet Meeting.  It was appropriate this Cabinet meeting would be held in Crediton on 30^th July.  Indeed this meeting would be a first for this administration, upholding our principle of working closer to the community by getting out and about. 

Amongst other themes the Crediton Masterplan recognises the challenges of Crediton High Street with adverse cambers and  ...  view the full minutes text for item 204.

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

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

Cllr S Robinson £2500 was raised at the Macmillan Fund raising.

Cllr S Clist attended meet the Housing Ombudsman event and was a great opportunity to network, hosting by the Council and well attended.

An increase in complaint that Ombudsman may receive in the future in relation to Damp and Mould.

Cllr S Clist attended Exeter City Council Smart rent event, those involved were Social Housing associate and Housing insurances.

Cllr S Clist attended Devon Housing task force with the Chief Executive, the Lord Best Devon Housing Commission was unveiled and publicly would be unveiled on Friday.

Cllr S Clist two awards had been granted the Council won the National Construction Award and the Kings Award for intuitive design was awarded to Zed-Pods.

Cllr A Cuddy congratulated all those involved in People Park this week and bringing the park back to life.