Decisions

The Cabinet had before it a * report of the Building Services Operations Manager advising Members on the results for the tendering of the Asbestos Surveying and Unlicensed Removal 2021-2024 and requesting them to confirm the award of the contract.

 

Consideration had been given to the differences between licensed and unlicensed removal of asbestos in the previous item along with the procurement process.

 

RESOLVED that the new three year Asbestos Surveying and Unlicensed Removal Contract be awarded to Contractor 2.

 

(Proposed by Cllr R B Evans and seconded by Cllr C R Slade)

 

Reason for Decision: there was a need to confirm the award of the tender so that the specified work could be progressed.

 

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

 

 

The Cabinet had before it a * report of the Deputy Chief Executive (S151) requesting that the Cabinet review the revised draft budget changes identified and discuss any further changes required in order for the Council to move towards a balanced budget for 2021/22.

 

The Cabinet Member for Finance outlined the contents of the report stating that the figures before members were a current snapshot of where the council was at the current time, the deficit was down to £490k but that there was more work to do.  He had tasked the S151 officer to look at unpalatable options to reduce the balance to zero.

 

The Deputy Chief Executive (S151) stated that work was ongoing and outlined the key movements and assumptions shown within the report highlighting the Government income protection,  the Autumn Statement, the funding settlement, the New Homes Bonus and the Lower Tier Service Grant

 

Consideration was given to:

 

·         Vacancy management

·         Whether there would be reoccurrences of funding

·         Slippage within the Housing Revenue Account Medium Term Financial Plan

·         The various earmarked reserves for the Cullompton HAZ

·         The estimate of savings with regard to the waste trial

·         The need for serious decisions to be made

 

RESOLVED that having considered the updated proposals for 2021/22 and the Capital Programme, the report now be circulated to the Policy Development Groups for further input prior to the formal recommendation back to the Cabinet and Council.

 

(Proposed by Cllr B A Moore and seconded by Cllr C R Slade)

 

Reason for decision: to allow the Policy Development Groups to consider the budget proposals prior to the February meetings of Cabinet and Council.

 

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

The Cabinet had before it a *report of the Operations Manager for Street Scene setting out the key aspects in utilising service users provided by DDCCRC (Dorset, Devon and Cornwall Community Rehabilitation Company).

The Cabinet Member for the Environment outlined the contents of the report stating that the scheme was of benefit to councillors,  the people of Mid Devon and also those who were serving punishment as the scheme delivered punishment by depriving service users of free time, allowing  the individual to gain work related skills in a positive law abiding environment.  There was little cost to the Council as the scheme would be run by the National Probation Service. 

Consideration was given to:

·         Local Projects

·         The potential for the scheme to dovetail with climate work with regard to tree planting

·         The scheme did not replace paid employment by others

·         How Parish Councils could apply to the scheme for local projects

·         Ward Members would be requested (on behalf of their communities) to put forward local projects

·         Whether the scheme could be linked into local projects already being undertaken by the Duke of Edinburgh Scheme

RESOLVED that the proposal to utilise community payback service users in the District be approved.

(Proposed by Cllr C R Slade and seconded by Cllr Miss E Wainwright)

Reason for decision: to utilise the scheme would be of community benefit and provide opportunities for those involved to develop new skills.

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

 

 

The Cabinet had before it a * report of the Building Services Operations Manager advising Members on the results for the tendering of the Asbestos Surveying and Licensed Removal 2021-2024 and requesting them to confirm the award of the contract.

 

The Cabinet Member for Housing and Property Services outlined the contents of the report highlighting the difference between the tender for licensed and unlicensed removal of asbestos.

 

Consideration was given to the procurement process and the balance of value versus quality and how that weighting was applied.

 

RESOLVED that the new three year Asbestos Surveying and Licensed Removal Contract be awarded to Contractor 3.

 

(Proposed by Cllr R B Evans and seconded by Cllr B A Moore.)

 

Reason for Decision: there was a need to confirm the award of the tender so that the specified work could be progressed.

 

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

 

The Cabinet had before it a *  report of the Head of Planning, Regeneration and Economy updating members with regard to the Cullompton and Wellington new stations project and related service enhancements and to identify the next steps for taking the project forward..

 

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that in May 2020, the partnership was successful in securing funding of up to £50k from the Department for Transport’s “Restoring your Railway” Ideas Fund. This funding had supported the development of the Strategic Outline Business Case (SOBC).  The report referred to an intention to submit the SOBC to DfT by the end of 2021.  The SOBC had been delayed by a couple of weeks as there were a few changes that partners were keen to make to further enhance the business case.  Officers understanding was that this project was still the most advanced of all the ‘ideas fund’ projects nationally.  It was also understood that the formal DfT consideration of submissions was due to commence in February/March.  Officers continued to meet regularly with the Department for Transport, those meetings had proven to be very positive.  

 

Subject to approval of the SOBC by the Department for Transport (DfT), this would provide a basis for entering into discussions regarding progressing into the next stage of development.  If the project were to progress to the next stage this could be very timely should there be a fourth round of the New Stations Fund announced later in the year.

 

Discussion took  place with regard to the positive information and the need to include Okehampton on the map within the report.

 

RESOLVED that the report be noted and that officers continue to explore funding opportunities for the next stages of the project.

 

(Proposed by Cllr R J Chesterton and seconded by Cllr Mrs N Woollatt)

 

Reason for Decision: to continue to move the project forward.

 

Note:  *Report previously circulated, copy attached to minutes

To consider the options for the land at Post Hill Tiverton.

Following the call-in of the decision with regard to land at Post Hill made by Cabinet on 3 December 2020.

 

The Scrutiny Committee at its meeting on 14 December had made the following recommendation:

 

‘That Cabinet reconsiders its decision on the delivery of Post Hill homes by a possible Teckal Company and that it instead substitutes it for a recommendation to Full Council’.

 

The Cabinet Member for Housing and Property Services stated that he was confused by the recommendation from the Scrutiny Committee as any decision with regard to the formation of a Teckal Company had not yet been considered. With regard to development at Post Hill, there was no project plan and that any design work had yet to be completed. He emphasised that he would be happy that any decision to be made on the formation of a Teckal Company would be a Council decision.

 

Consideration was given to:

 

·         The views of the Scrutiny Committee with regard to the previous decision and whether that was predetermination of a decision with regard to the formation of a Teckal Company

·         The delivery of affordable housing on the Post Hill site.

 

RESOLVED that following Cabinet consideration of the formation or not of a Teckal Company that the decision and relevant papers are taken to Full Council for consideration and deliberation.

 

(Proposed by Cllr R B Evans and seconded by Cllr R J Chesterton)

 

Note:  Papers previously circulated copy attached to minutes

 

To consider a review of options.

The Cabinet had before it a * report of the Deputy Chief Executive (S151) requesting approval of the asset disposal of Park Nursery Depot, Park Road, Tiverton, EX16 6AU.

 

The Cabinet Member for Housing and Property Services outlined the contents of the report highlighting the history of the site, the decision of the previous Cabinet that planning permission be sought for the development of the site for housing and the detail of the revised valuations within the agenda pack.

 

Consideration was given to:

 

·         A query with regard to the legal restriction around planning permissions granted for local authorities for their own land

·         The principle of development on the land

·         Who could take part in the sealed bid process

 

RESOLVED that delegated authority be given to the Cabinet Member for Housing and Property Services and the Deputy Chief Executive (S151) to complete the asset disposal of Park Nursery Depot, Park Road, Tiverton, EX16 6AU :In accordance with Table 1 – Option 2, proceed with the marketing process and sale of the existing buildings and land to the best value offer via a sealed bid process. 

 

(Proposed by Cllr R B Evans and seconded by Cllr Mrs N Woollatt)

 

Reason for Decision: to achieve best value for money via an open market process.

 

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

 

 

Following consideration of a *report of the Group Manager for Performance, Governance and Data Security, the Community Policy Development Group had made the following recommendation: that the revised Health and Safety at Work Policy be adopted.

 

The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that the revised Health and Safety Policy had been considered by the Health and Safety Committee and the Policy Development Group.  She corrected an error in the report stating that the policy would be reviewed on a three yearly basis and not annually.

 

Consideration was given to who would investigate any accidents or reports of ill health, it was confirmed that this would be the Health and Safety Officer who would report to the Health and Safety Committee and Leadership Team.

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by Cllr Mrs N Woollatt and seconded by Cllr B A Moore)

 

Reason for decision: the Council is obliged to have an up-to-date Health and Safety Policy

 

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

 

 

The Leader presented the report of the meeting of the Cabinet held on 29 October.

 

1.    Strategic Planning (Minute 268)

 

The Leader MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendations of the Cabinet as set out in Minute 268 be ADOPTED.

 

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

 

Reason for the Decision – there was a need to agree the most appropriate way to take forward sub-regional spatial planning and collaboration across the housing market area in light of previous Council decisions on the subject.

 

2.    Community Infrastructure Levy (Minute 270)

 

The Leader MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendations of the Cabinet as set out in Minute 270 be ADOPTED.

 

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

 

Reason for the Decision – In anticipation of reform, the Council needed to decide whether to proceed with the Community Infrastructure Levy given the pending examination in public of the submitted draft charging schedule.

 

3.    Schedule of Meetings 2021-22 (Minute 275)

 

The Leader MOVED seconded by Councillor R B Evans

 

THAT the recommendations of the Cabinet as set out in Minute 275 be ADOPTED.

 

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

 

Reason for the Decision – there was a need to agree the schedule of meetings for the next municipal year.

 

 

 

 

 

There was a need to seek nominations for the following:

 

·         One Member of the Council to the Heart of the South West Local Enterprise Partnership Joint Scrutiny Committee to replace Councillor Richard Chesterton (the Terms of Reference state that this must not be a Cabinet member or a County Councillor). The Joint Scrutiny Committee will provide a strategic overview and scrutiny of the activities of the Heart of the South West Local Enterprise Partnership (LEP).

 

Councillor R B Evans MOVED, seconded by Councillor C R Slade that Councillor C J Eginton be nominated for the role.

 

Councillor L D Taylor MOVED, seconded by Councillor F W Letch that Councillor S J Clist be nominated for the role.

 

Upon a vote being taken it was RESOLVED that Councillor C J Eginton.be appointed as the representative to the Heart of the South West Local Enterprise Partnership Joint Scrutiny Committee

 

 

·         One Member of the Council to the Mid and East Devon Children’s Centres Advisory Board to replace former Councillor Mrs Irene Hill who resigned in June 2020.

 

 

Councillor R B Evans MOVED, seconded by Councillor C R Slade that Councillor Mrs M E Squires be nominated for the role.

 

RESOLVED that Councillor Mrs M E Squires be appointed to the Mid and East Devon Children’s Centres Advisory Board.

 

 

 

 

The Council had before it a *report of the Head of Legal (Monitoring Officer) informing Members of a review undertaken by the Independent Remuneration Panel and their recommendations.

 

The Leader MOVED seconded by Councillor R J Dolley, THAT:

 

a.    The Basic Allowance to be paid to all Councillors remains at the current level of £5252.70 p.a., with any increases being linked to, but not greater than, the staff pay award.

 

b.    Special Responsibility Allowances (“SRA”) be paid to the following Members at the levels indicated:

 

Position	Weighting x basic	SRA
Leader of the Council	3.00	£15,758.10
Deputy Leader	1.50	£7,879.05
Cabinet Member	1.25	£6,565.88
Scrutiny Committee Chair	1.25	£6,565.88
PDG Chair	0.75	£3,939.53
Audit Committee Chair	0.75	£3,939.53
Planning Committee Chair	1.25	£6,565.88
Licensing/Regulatory Chair	0.25	£1,313.18
Standards Chair	0.25	£1,313.18
Chairman of the Council	0.50	£2,626.35

 

c.    No Member should be entitled to claim more than one Special Responsibility Allowance.

 

d.    Carers’ allowances be calculated on the current basis namely, the actual expenditure up to the national living wage of a person over 25.

 

e.    That travel allowances be linked to HMRC rates and calculated at the national levels indicated, currently:

 

·         45p per mile for the first 10,000 miles

·         25p per mile thereafter

·         5p per mile per passenger carried (up to a maximum of 4 passengers, payable to the driver)

·         25p per mile for push bikes

·         24p per mile for motorcycles

 

            NB: To be increased in line with HMRC rates from 1 April 2021 once known.

                                                                               

f.     That subsistence allowances only be paid when councillors are conducting approved duties outside of the Mid Devon District Council area (where refreshments are not provided by the host) and that they be linked to those of the staff, currently these are as follows in each case up to a maximum of:

 

·         Breakfast             £7.87

·         Lunch                  £10.86

·         Tea                       £4.27

·         Dinner                  £13.44

 

NB: To be increased in line with HMRC rates from 1 April 2021 once known.

 

g.    That all claims for travel and subsistence reimbursement be accompanied by an appropriate receipt.

 

h.    That an annual digital allowance of £150 continues to be paid to Members using digital devices only.

 

i.      That the Chief Executive or Monitoring Officer may consider the payment of any additional claims or support arrangements that fall outside the scope of the scheme to support Members with additional needs.

 

j.      That Members of the Authority are not entitled to pensions and neither the basic allowance nor SRA be treated as an allowance in respect of which pensions are payable.

 

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

 

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

 

 

(1)          Motion 565 – (Councillors: G Barnell and LD Taylor – 17 December 2020)

 

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

 

This Council understands that an updated Business Case from 3RDL will be submitted to Cabinet in February or March. The recent financial information provided to members on the financial performance of the Company and, in particular, on the substantial losses arising from the development of the St George’s Court site in Tiverton, do not give confidence that the Company has a future as a viable entity or that further investment of taxpayers money is warranted.

 

This Council agrees that members must have independent and expert advice on all the options open to the Council about the future of 3RDL and that this advice be made available to all members of the Council at the same time as the new business case is presented .

 

In order to inform the wider-decision making of the Council beyond the shareholder function performed by Cabinet, this Council, therefore, resolves to:-

 

1. Commission an independent appraisal of the Company’s new business plan by a company or by individuals experienced in the business of speculative property development.
2. Commission an independent report on the options for the liquidation or winding up of the Company from a suitable professional entity  experienced in such matters.
3. Ensure the presentation of the new 3RDL Business Case is made at the same time as the above reports both to the Council’s Audit Committee and also to the Scrutiny Committee before the matter is subject to Cabinet consideration and decision

 

The MOTION was MOVED by Councillor G Barnell and seconded by Councillor L D Taylor.

 

In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that the matter be discussed at this meeting.

 

Consideration was given to:

 

·         The updated business plan for 3RDL which was due to be submitted to the Cabinet in February

·         The need for due diligence prior to further investment in the company and for further external advice to be received

·         The independent reports previously commissioned and the 33 recommendations that had followed and the involvement of the Scrutiny Committee and Audit Committee in those recommendations

·         The recruitment of 2 new directors who had only just taken up their posts

·         The controls already in place for any investment in projects

·         The cost of further independent reports

·         The need to allow time to consider the business plan and possible pre-scrutiny of the plan prior to a Cabinet decision

 

Councillor R B Evans  MOVED in accordance with Procedure Rule 19.4

 

‘THAT the vote in respect of this MOTION shall be by Roll Call’

 

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

 

Those voting FOR the MOTION: Councillors: G Barnell, J Cairney, S J Clist, J M Downes, B Holdman, F W Letch, L D Taylor, A White, J Wright and A Wyer.

 

Those voting AGAINST the MOTION: Councillors: Mrs E M Andrews, E J Berry, W Burke, R J Chesterton, Mrs C A Collis, Mrs F J Colthorpe, D R Coren, N V Davey, Mrs C P Daw, R M Deed, C J Eginton, R B Evans, Mrs S Griggs, T G Hughes, D J Knowles, B A Moore, S J Penny, D F Pugsley, R F Radford, C R Slade, Mrs M E Squires, B G J Warren, A Wilce and Mrs N Woollatt.

 

Those ABSTAINING: Councillors: L J Cruwys, R J Dolley, Miss J Norton and Miss E Wainwright

 

The MOTION was declared to have FAILED

 

Notes:

 

i)             Councillor R L Stanley declared a Disclosable Pecuniary Interest with regard to his involvement with 3 Rivers Developments Limited and left the meeting for the discussion and vote;

 

ii)            Councillor Mrs S Griggs declared a personal interest as an employee of Seddons Estate Agents who had involvement with the company.

 

(2)          Motion 566 – (Councillors: G Barnell and S J Clist – 17 December 2020)

 

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

 

This Council agrees to commission, as a matter of urgency, a plan based on evidence of local housing need for the delivery of affordable rented and social rented housing across Mid Devon. This plan should make best use of the Government's Affordable Housing programme 2021/26 and be presented to Council by June 2021.

 

The MOTION was MOVED by Councillor G Barnell and seconded by Councillor S J Clist

 

In accordance with Procedure Rule 14.4, the Chairman of the Council ruled that the MOTION STAND REFERRED to the Cabinet for consideration and report.

(3)          Motion 567 – (Councillors: J Wright and Miss E Wainwright, R Dolley and Mrs C P Daw – 18 December 2020)

 

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

 

This Council: 

• Welcomes and appreciates the work that has gone in to developing our climate action plan? so far, especially in the context of the Covid pandemic, which stretched capacity and resources. 
• Welcomes the recruitment of a Climate and Sustainability Officer, to develop our work. 
• Requests that once in place, the new Climate and Sustainability Specialist focuses on further development to our climate action plan, so that it shows the priority actions for the short, mid and longer term, covering the entire period to 2030 and beyond. Plans should outline the strategic actions we need to take to be on track to meet this target. ?
• Requests that officers explore opportunities to develop the Net Zero Advisory Group, so that it has more authority and responsibility for our climate strategy, and so that the public can access it (e.g. via agendas published online, and being able to attend meetings). 
• Requests that budget be created and ring-fenced for developing our climate work - through a mixture of funding bids; income generation; prioritisation; partnerships; and 'spend to save' schemes.

The MOTION was MOVED by Councillor J Wright and seconded by Councillor Miss E Wainwright.

 

In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that the matter be discussed at this meeting.

 

Following a discussion with regard to:

 

·         The impact of climate change and the need to address matters

·         The role of the specialist officer to support the work with regard to climate change

·         Working with Devon County Council with regard to the Devon Carbon Plan

·         The involvement and support required from the Environment Policy Development Group

·         Funding streams available

·         Work already in hand with regard to climate change issues

·         How the Cabinet Member for Climate Change could progress funding through the budget setting process

• The acknowledgement of the work undertaken by the Corporate Manager for Property, Leisure and Climate Change

 

 

Councillor A Wilce MOVED, seconded by Councillor B A Moore that in accordance with Procedure Rule 15.1(e) that the Motion be referred to the Environment Policy Development Group for consideration and report.

 

Upon a vote being taken, the referral of the Motion to the Policy Development Groupwas AGREED.

 

 

 

 

 

The Leader presented the report of the meeting of the Cabinet held on 29 October.

 

1.    Treasury Management Strategy and Mid Year Review (Minute 255)

 

The Leader MOVED seconded by Councillor C R Slade:

 

THAT the recommendations of the Cabinet as set out in Minute 255 be ADOPTED.

 

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

 

Reason for the Decision – in line with CIPFA guidance, the Council must agree a Treasury Management Strategy.

 

Note:  Councillor Mrs E M Andrews declared a personal interest in Minute 258 (19 High Street, Cullompton) as a member of the Town Council and a member of the Town Team.