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  • Agenda and draft minutes

    Council - Wednesday, 29th October, 2025 6.00 pm

    • Attendance details
    • Agenda frontsheet PDF 342 KB
    • Agenda reports pack PDF 7 MB
    • Printed draft minutes PDF 272 KB
    • Full Council- Public Question and Answers PDF 92 KB

    Venue: Phoenix Chambers, Phoenix House, Tiverton

    Contact: Laura Woon  Democratic Services Manager

    Link: audio recording

    Items
    No. Item

    41.

    Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies were received from Councillors: D Broom, S Chenore (online), M Farrell, L Kennedy (online), N Letch and H Tuffin.

    42.

    Public Question Time pdf icon PDF 468 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:

    Barry Warren

     

    My contribution to this section of the meeting is concerned with the work of the Council and the way some of it affects members of the public and the potential standing of the Council.

     

    On the 6 of February 2024, I asked questions at Cabinet which had been submitted in advance.

     

    One question asked was if the Cabinet Member was satisfied that a complete independent structural survey has been carried out and report prepared before the purchase of St. George’s Court. Councillor Clist replied - “yes.”

     

    I also asked if he had a complete survey report prepared, with costings, which detailed all the necessary alterations and adaptions required to make the properties suitable for HRA use?  He replied – “The Operations Manager for Building Services has surveyed the property and provided a conservative estimate of costings to undertake the required adaptions.”  This did not answer the question.

     

    He further responded to another question – “It’s not our intention to make these documents publicly available.”

     

    Subsequent Freedom of Information (FOI) requests and intervention by the Information Commission Office (ICO) have revealed no independent structural survey was commissioned and an officer responded that when Councillor Clist answered “yes” he was referring to the legal document provided. That legal document was dated the 21of March 2024 – 6 weeks after Councillor Clist had said “yes”. That document also recommended a structural survey be carried out.

     

    At Cabinet on the 8 of July 2025 I listed seven payments which had been paid to Zed Pods in May 2025 and asked – “What is the detail of each of these payments please?”  The written answer from Councillor Lock was “It is not possible to disclose the detail of individual amounts as itemised within specific invoices as these are commercially sensitive,”

     

    I also asked who had ‘signed off the payments and got the answer from Councillor Lock – “The Council constitution sets out the financial approval limits for approval of orders and payments by different officers.”

    Subsequent FOI requests had resulted in the release of all the relevant invoices and named the officer who issued the orders and authorised the payments – the Head of Housing and Health.

     

    These are just a couple of examples of where Cabinet Members or Chairs have put their names to responses which have been found to be incorrect or at least trying to avoid the issue. Are elected Members aware of this as in some cases there are clear breaches of the Nolan Principles or a potential to place the Members in jeopardy of legal action?

     

    M Warren advised the Chair that the question was to Members to consider and would not need a response.

     

    Paul Elstone

     

    Question 1:

    At the Full Council Meeting of the 24 September 2025, I asked about the sales marketing being stopped at Haddon Heights in July of this year.  Within a very few days of asking that question a couple  ...  view the full minutes text for item 42.

    43.

    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 were appropriate.

     

    None Received.

     

     

    44.

    Minutes pdf icon PDF 170 KB

    To consider whether to approve the minutes as a correct record of the meeting held on 24 September 2025.

     

     

    Additional documents:

    • Supplement Council Responses to Public Questions on 24 September 2025 , item 44. pdf icon PDF 315 KB

    Minutes:

    The minutes of the meeting held on 24 September 2025 were AGREED as a correct record and were signed by the Chair.

    45.

    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:

     

    The Chair had the following announcements to make:

     

    • On Remembrance Sunday, 9th November, in the morning, he would be attending Crediton’s Remembrance Sunday event and in the afternoon, he would be attending Devon County Remembrance Sunday event at Exeter Cathedral to lay a wreath on behalf of the Council.
    • On the same day Cllr C Harrower, the Councils Armed Forces Champion, would be attending the Tiverton Remembrance Sunday to lay a wreath on behalf of the Council.
    • He stated that all Members were welcome to attend the Remembrance Sunday event in Cullompton.
    • On Armistice Day, 11th November, at 7.45am, he would be passing a wreath onto the Poppy Train heading to Paddington Station in London, along with all other local authorities along the route on behalf of the Council. He would also preside over the Armistice Day Ceremony in Tiverton at 11.00am.
    • On the same day the Deputy Leader, Cllr D Wulff, would attend in Cullompton, and the Vice Chair of Council, Cllr S Chenore, would attend in Crediton and both will lay a wreath on behalf of the Council.
    • The Council’s thoughts were with Cllr D Broom at this time and Council wished him well. 

     

    46.

    Petitions

    To receive any petitions from members of the public.

     

    Minutes:

    None received.

    47.

    Notices of Motions

    To receive any notices of motions.

    Minutes:

    None received.

    48.

    Cabinet- Reports of the minutes of the meeting held on 7 October 2025 pdf icon PDF 234 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    7 October 2025

    (Recommendations to Full Council)

     

    1.    Mid Devon Housing (MDH) Mobility Scooter Policy

     

    Cabinet RECOMMENDS to Full Council to adopt the Mobility Scooter in Flats Policy and Equality Impact Assessment contained in Annexes A and B.

     

    2.    Memorial Tree and Seat Policy

     

    Cabinet RECOMMENDS to Full Council to adopt the Memorial Benches and Memorial Tree Policy.

     

     

     

    Additional documents:

    • Mid Devon Housing MDH Mobility Scooter in Flats Policy , item 48. pdf icon PDF 627 KB
    • Mobility Scooter in Flats Policy Annex A , item 48. pdf icon PDF 961 KB
    • Mobility Scooter in Flats EIA Annex B , item 48. pdf icon PDF 481 KB
    • Memorial Tree and Seat Policy , item 48. pdf icon PDF 264 KB
    • App1_MDDC Memorial Seat or Tree Policy , item 48. pdf icon PDF 339 KB

    Minutes:

    The Leader presented the reports of the meetings of the Cabinet held on 7 October 2025.

     

    1. Mid Devon Housing (MDH) Mobility Scooter Policy*

     

    The Leader MOVED and seconded by Cllr G Duchesne:

     

    That the recommendation of Cabinet as set out in minute 56 be APPROVED.

     

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

     

    2.    Memorial Tree and Seat Policy*

     

    The Leader MOVED and seconded by Cllr B Holdman:

     

    That the recommendation of Cabinet as set out in minute 58 be APPROVED.

     

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

     

     

    Note: * Report previously circulated.

     

    49.

    Scrutiny Committee- Reports of the minutes of the meetings held on the 8 September and 29 September 2025 pdf icon PDF 178 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    8 September 2025

     

    29 September 2025

    Additional documents:

    • Printed minutes 29092025 1700 Scrutiny Committee , item 49. pdf icon PDF 417 KB

    Minutes:

    The Vice Chair of the Scrutiny Committee presented the reports of the meetings held on 8 and 29 September 2025.

    50.

    Audit Committee- Report of the minutes of the meeting held on the 30 September 2025 pdf icon PDF 189 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    30 September 2025

    Minutes:

    The Chair of the Audit Committee presented the report of the meeting held on the 30 September 2025.

    51.

    Community, People and Equalities Policy Development Group- Report of the minutes of the meeting held on the 16 September 2025 pdf icon PDF 191 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    16 September 2025

     

    Minutes:

    The Chair of the Community, People and Equalities Policy Development Group presented the report of the meeting held on the 16 September 2025.

    52.

    Economy and Asset Policy Development Group- Report of the minutes of the meeting held on the 18 September 2025 pdf icon PDF 241 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    18 September 2025

     

    Minutes:

    The Chair of the Economy and Asset Policy Development Group presented the report of the meeting held on 18 September 2025.

    53.

    Homes Policy Development Group- Report of the minutes of the meeting held on 9 September 2025 pdf icon PDF 414 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    9 September 2025

     

    Minutes:

    The Chair of the Homes Policy Development Group presented the report of the meeting held on 9 September 2025.

    54.

    Planning, Environment and Sustainability Policy Development Group- Report of the minutes of the meeting held on the 23 September 2025 pdf icon PDF 218 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    23 September 2025

    Minutes:

    The Chair of the Planning, Environment and Sustainability Policy Development Group presented the report of the meeting held on 23 September 2025.

     

     

    55.

    Service Delivery and Continuous Improvement Policy Development Group- Report of the minutes of the meeting held on the 15 September 2025 pdf icon PDF 489 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    15 September 2025

     

    Minutes:

    The Chair of the Service Delivery and Continuous Improvement Policy Development Group presented the report of the meeting held on 15 September 2025.

    56.

    Planning Committee- Report of the minutes of the meeting held on the 8 October 2025 pdf icon PDF 195 KB

    To receive and consider the reports, minutes and recommendations of the recent meetings as follows:

     

    8 October 2025

     

    Minutes:

    The Chair of the Planning Committee presented the report of the meeting held on 8 October 2025.

    57.

    Appointment of the Independent Remuneration Panel Members pdf icon PDF 270 KB

    To consider a report from the Director of Legal, People and Governance (Monitoring Officer) seeking approval of the recommended appointment to the Independent Remuneration Panel for Members’ Allowances in Mid Devon.

    Minutes:

    The Council had before it a *report of the Director of Legal, People and Governance (Monitoring Officer) seeking approval of the recommended appointment to the Independent Remuneration Panel for Members’ Allowances in Mid Devon.

     

    Consideration was given to:

     

    • Clarification about who were the Members that the Council were asked to appoint to the panel. It was explained that this was within the report which included their experience.
    • Questions were raised regarding travel expenses and whether the Panel Members were local residents.
    • The report contained a significant amount of information, with additional details provided. It was generally regarded as a comprehensive and well-prepared document.
    • The legal requirements were acknowledged, and the extensive experience of the volunteered Panel Members was recognised and appreciated.
    • Clarification was sought on how frequently the panel were meeting.
    • Concerns were expressed about the recruitment process, particularly regarding the lack of transparency and the absence of opportunities for local residents to apply.
    • The lack of advertising on social media platforms and the importance of providing a platform for all to express their interest.

     

    The Chair MOVED that:

     

    1. Kelly-Anne Phillips, Graham Russell and David Hindle be appointed to the Mid Devon Independent Remuneration Panel to join John Smith.

     

    1. When necessary, that the members of the Independent Remuneration Panel be paid travelling expenses for attendance at meetings of the Panel at the same rates as those paid to Councillors and officers from time to time, mindful that the majority of meetings would be held online.

     

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

     

    Those voting AGAINST Councillors: M Binks, J Buckowski and R Roberts.

     

    Those ABSTAINED from voting: Councillors F J Colthorpe and A Stirling.

     

    Note: *Report previously circulated.

     

    58.

    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.

    59.

    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.

    60.

    Questions to Cabinet Members

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

    .

     

    Minutes:

    Cllr J Cairney asked Cllr J Wright the Cabinet Member for Service Delivery and Continuous Improvement:

     

    • How the collection of pots and pans was going and the percentage of recycling?

     

    Cllr J Wight informed Members, since the 13 October 2025, the equivalent of six wheelie bins of pots and pans had been collected. The recycling rate had reached 57%, still placing the Council among the top five in the country. Members were reminded to continue encouraging the use of food waste caddies and to promote the recycling of pumpkins during this time of year.

     

    61.

    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:

    ·         Cllr B Holdman highlighted to Members that he attended the “Meet the Funders” event, this was held to connect local community groups, charities, and social enterprises with key funding bodies and grant providers.The event brought together over 50 attendees from across the district, it offered a unique opportunity to engage directly with representatives from national and regional funding organisations.

    ·         Cllr B Fish highlighted to Members he had been approached by a number of Tiverton residents who were deeply concerned about the deteriorating state of pharmaceutical services in this town. While this issue did not fall directly within the remit of this Council and this was a widespread national issue, he wanted residents to know that this Council stood with them. This was important to be raised as a representative of the community. Members would be aware that following the closure of the Superdrug Pharmacy at Clare House Practice, Jhoots Pharmacy in Market Place had stepped in to fill the gap. This situation had placed immense pressure on the staff at the remaining pharmacies. The teams were doing their utmost to support residents but were stretched to their limits. Many had reached the front of the queue after queueing for some time only to be told that their prescription had not arrived from the GP surgery or that the item was out of stock. This situation was unacceptable and required urgent attention. The local MPs, Richard Foord and Rachel Gilmour, had raised concerns with the Care Minister, Stephen Kinnock. Rachel Gilmour had met with the Devon Integrated Care Board. Tiverton’s pharmaceutical provision required immediate action.

    ·         Cllr J Buczkowski raised an issue concerning the construction vehicles passing through Cullompton, heavy lorries thunder past small children that walked to school. Pavements shake, engines roar, and anxious parents try to guide their children safely along roads never designed for such traffic. These huge vehicles line the residential streets, parked nose to tail, leaving no room for pedestrians to cross safely. The treading of mud onto the roads that endanger cyclists and those on two wheels and the possibility of one of these construction vehicles losing control. The Construction Environmental Management Plan was meant to prevent this issue. This was not nimbyism. This was not opposition to housing or growth. It was about ensuring development was safe, responsible, and lawful. It was about holding developers to account for the conditions they agreed to and for the standards they promised to meet. The consideration of this plan was agreed by this Council and the developers continued to ignore it.

    ·         Cllr S Keable highlighted the following:

    Ø  On the 26 September he attended the Devon and Somerset Metro board that discussed the Cullompton and Wellington train station. There was still no formal announcement from Government about the funding. National Rail were keen and had allocated a budget for 2026/27 for the development.

    Ø  On the 3 October he attended Devon County Council Honorary Alderman ceremony where the former Chair of this Council and County Councillor,  ...  view the full minutes text for item 61.