To receive any questions relating to items on the Agenda from members of the public and replies thereto.
Minutes:
Nick Quinn
The Appendix 2 - Corporate Risk Register shows a number of risks. I wish to ask questions about two of these:
CR9 (Delivery of the 3 Rivers Closedown Plan) - The accompanying text states that the Banksia Close property is being purchased by the Council and that the Haddon Heights Development, at Bampton, will complete in February 2024. It also states that marketing of the remaining five units continues and is now likely to extend past 31 March 2024.
Question 1:
Has the purchase of the Banksia Close property been completed?
Response from Cabinet Member for Finance:
Yes.
Question 2:
Has the Haddon Heights Development been completed?
Response from Cabinet Member for Finance:
Yes, with the final landscaping taking place when weather allows.
Question 3:
Were the five unsold units transferred to the Council by 31 March 2024?
Response from Cabinet Member for Finance:
Yes.
Question 3(a):
Will the Council continue to actively market these units, for sale, itself?
Response from Cabinet Member for Finance:
No – they will continue to be marketed by the current estate agents.
CR9a (Reputational Impact of 3 Rivers) - The accompanying text states that the reputational risk is mainly down to unhelpful and inaccurate statements being made about the Company and the consequential impact on the Council.
Question 4:
Does the Cabinet consider that the lack of proper information being provided by the Council, about the Company and its situation, may have contributed to such speculation?
Response from Cabinet Member for Finance:
This administration has been open and transparent with all elected members at all times, elected members that represent their community, at a level not seen with previous administrations; external reports and professional advice has been shared, along with updates and progress. As much of this as possible has been put into the public domain, but to protect the Councils financial interest, and in turn our residents interests, some of this information has been withheld from public domain.
Question 5:
Even though there has been a considerable loss of public money, is the Council hoping that the final closure of the Company will, by itself, restore the reputation of the Council?
Response from Cabinet Member for Finance:
Reputation is very much earnt and while the final closure of the company in its self may not restore some of the confidence lost by previous administrations, the fact that this administration has done what it said would, i.e. not invest in further projects, seek professional advice, and close the company with the best possible return for the Tax Payer, in a timely and professional way to limit any further exposure, clearly demonstrates the integrity of the Leader and his cabinet, and in turn will further reinforce the trust our residents have in this Liberal Democrat Administration and support the restoration of this councils reputation under our stewardship.
Paul Elstone
This administration has repeatedly stated that it will be more open and transparent. However, it is noted that the results of the Residents Survey have been manipulated. This so as not to reflect the seriously worsening position related to this Councils and its Councillor’s lack of trust.
See sections 2.6 thru 2.8.
Yet a further example of why resident trust is increasingly eroding under this administration. What the published survey results don’t show is:
That the trust in this Council has dropped from 50% to 40% over the last 12 months That the trust in Councillors has dropped from 55% to 49% over the same period.
Seven (7) of those months when this administration has been in control and despite what this administration would perhaps like to argue against or even politicise.
Question 1:
Will the Council Leader ensure the Residents Survey is re-issued with all information, this including last year’s reference data fully revealing this deteriorating level of trust?
Why is public trust in this Council and its Councillors in rapid decline and something that has become very much worse over the last few months?
Some examples.
· The attempted full-frontal assault in preventing or suppressing the public from asking questions or making statements at committee meetings.
· As statement by the Scrutiny Committee Chair no less. One which they would not retract, about “cooking the books” related to 3 Rivers financial losses. A statement I and others fully support, this as more information becomes available.
· A virtual complete lack of appropriate Statutory Officer oversight in regards to 3 Rivers. This has recently identified by the Grant Thornton Audit.
· A complete failure to hold those primarily responsible for the gross 3 Rivers failings to account and by any measure. In fact, all too frequently singing their praises.
· The apparent cover up culture that seems to pervade this Council, and with irrefutable evidence available.
· Awarding Statutory Officers extortionate pay awards based on increased role responsibilities when there is good evidence to show these officers failed in exercising their previous roles. Even a dereliction of duty it’s believed.
· The back pedalling on the Committee System.
· The hypocritical approach to proportional representation. The Lib Dems holding all committee chair’s including Scrutiny. Having all seats on external committees. Making up 100% of Cabinet. This despite having only 48% of the electoral vote.
· There are others.
Question 2
A fundamental Sigma 6 continuous improvement principle is Stakeholder Engagement, something the Leader will know full well. Will the Council Leader fully consider calling a public stakeholder meeting this to get everything into the open, to clear the air?
Supplementary Question:
You have the full opportunity come May to realign some of the committees, particularly Scrutiny where it has previously been suggest your marking your own homework. Would you give full consideration to at least Scrutiny and perhaps adding an opposition to Cabinet.
Response from the Leader of the Council:
There are always things taken into consideration and will be discussed.
Leader of the Council made a comment:
The public trust is an important part of the Council and the results in May last year were 48%. Were in a First Past the Post (FPTP) not in proportional representation. I would prefer a proportional representation unfortunately we are not in that system and Mid Devon District Council does not have the ability legally to change this. I will always be an advocate and campaigner for proportional representation.
Barry Warren
In the ‘Risk Description’ it says “A decision has now been made to soft close the company, so the remaining reputational risks are that public debate in future inadvertently damages the value of assets by hindering the remaining sales.”
Question 1:
Do Cabinet consider that just closing the company will stop any debate about the reputation of the council when perfectly proper questions have been asked - but not answered openly and honestly, over a considerable time?
Question 2:
Do Cabinet consider that the closure of the company will reinstate the reputation of the council given the history of the setup of 3 Rivers and taking four years and a new administration to finally get senior officers to commission reports from external agencies which resulted in some 33 recommendations being made for improvement?
Question 3:
Public money has been, and is being, used to cover the losses on 3 Rivers. This means the projects the money would have been spent on, will be delayed or lost completely. Are Cabinet expecting the public to ignore what has happened and forget about it whilst those losses are made good?
Question 4:
St. George’s Court will still have the potential to cause problems, even under HRA Management, and there will be knock on effects with regard to the handling of Post Hill, Knowle Lane and other sites taken on from 3 Rivers. If accurate and complete information is not made available regarding these sites, and members of the public have to repeatedly ask questions to try and get the truth, this will continue to damage the reputation of the council. What are Cabinet putting in place to ensure that this does not happen?
Question 5:
The notes state: “Any remaining reputational influences relate predominantly to external instigators who may choose to oppose the council activity or policy direction” Was the attempted introduction of restrictions on public speaking into the Constitution an indication that the Chief Executive would like to prevent or restrict public involvement?
Question 6:
There is little doubt that harm has been caused to the reputation of the Council as evidenced in the recent public survey. What are the Cabinet doing to ensure that those hard working officers who are providing excellent day to day service in regards to refuse collection, recycling, Customer First and Leisure Services, to name but a few, are not demoralised by the shortcomings within senior management?
Gwen Duchesne
Question
I’d like to ask a question about Devon County Council application DCC/4358/2023 for landfill at Greenway, Halberton.
I recognise MDDC is a consultee along with many others for this application I know MDDC will not be determining the application that responsibility lies with Devon County Council.
If this application is approved by DCC it will permit 6 metre-long vehicles to travel through Sampford Peverell, Halberton, Uplowman and Braid Park every 15 minutes from 8 am to 5 pm, 5.5 days a week. These vehicles are huge, and will be laden with aggregate brought from all over and outside of the county. They will be bruising the kerbs and battering the newly built roads along Enterprise Avenue, we already see it happening. They will be brushing past the newly opened play area for the little children there; they will push through nearby busy lanes. They will be fighting with buses and tractors along the recently narrowed roads around Sampford Peverell, at Uplowman Cross and through the priority signage at Halberton. The whole area will be under siege with our roads, verges and hedgerows as collateral damage. Children’s access to fresh air and exercise will be cancelled, adults will be similarly affected, cycling and walking will stop and only the bravest would entertain walking the route. Our beautiful bit of countryside will be turned into an industrial landscape. Indeed we are being industrialised and there is no upside. There will be no amenity here.
The above is a distillation of the many comments I have received from affected parties. It reflects the sadness and despair along with, it has to be said, and a fair amount of anger that this application has given rise to. Greed, not need is a common refrain. I haven’t even touched upon other aspects of this application that give rise for concern or even the potential this application might have on the future development of Junction 27 and economic prosperity that might flow from it.
I am grateful for the work that so many MDDC councillors and officers have put into the updated consultation response to reflect legitimate concerns. I appreciate the limits of our power.
Devon County Council will determine the application. I can only hope that Devon County Council will view and give weight to the many comments and concerns that have been raised some of which have been reflected here today.
Question 1:
Can I be assured that MDDCs response to DCC is as robust as it can be, that it reflects the views of residents and the potential detrimental impact on the communities affected.
Response from Cabinet Member for Planning and Economic Regeneration:
You are quite right that this is an application which is with Devon County Council for determination, rather than Mid Devon. I appreciate that this might be confusing for some residents who are used to seeing us, at Mid Devon, determine planning applications, but this application is with Devon because it relates to a Waste use - and they (Devon) are the Authority responsible for planning matters relating to Waste and Minerals.
However, it should not be confusing for seasoned politicians who, as I understand have been distributing deliberately misleading and wrong information calculated to alarm local residents. Attention should focus upon the Conservative administration at County Hall and the local Conservative County Councillor as it is they who will determine this planning application.
In these circumstances we, Mid Devon as the Local Planning Authority (LPA) are, as you suggest Cllr DuChesne, simply a consultee in relation to the application and are invited to make a consultation response to it.
In terms of the points and concerns you raise; I personally recognise and understand the fears you raise on behalf of your residents. However, you will appreciate that the officers representing the LPA are necessarily required to provide technical responses which are based wholly upon material planning considerations, are objective and focused within their areas of expertise or within the areas of expertise of other council employees who support Planning in preparing these consultation responses.
I have seen the response that has been issued by officers on behalf of the Mid Devon LPA and believe that our officers have put forwards a robust and thorough consultation response in response to the application - notably objecting to the application and querying issues and information relating to key issues such as air quality and the proposed use of this site within the context of DCC’s adopted Waste Plan. They have also asked that DCC take full account of the many comprehensive and detailed responses provided by our residents in response to this application.
Clearly we, as elected members, are also able to continue to voice our views and opinions in relation to this application and continue to encourage our residents to do likewise. The best way to do this is by responding to DCC’s consultation on the application and I would encourage those who wish to have their say to do so by lodging their own comments with DCC so that these can be fully considered through the determination process by Devon County Council.
Supporting documents: