Decisions

The Chair stated that discussion with regard to the next  item, required Cabinet to pass the following resolution to exclude the press and public having reflected on Article 12 12.02 (d) (a presumption in favour of openness) of the Constitution. This decision was required because consideration of this matter in public would disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Cabinet decided, in all circumstances of the case, the public interest in maintaining the exemption, outweighed the public interest in disclosing the information.

RESOLVED: That, in accordance with Part I of Schedule 12A to the Local Government Act 1972, the press and public be excluded from the meeting for the next item, for the reason set out below:

Information under paragraph 3 (contains information relating to the financial or business affairs of any particular person including the authority holding that information).

(Proposed by the Chair).

The Cabinet had before it a report * from the Head of Revenues, Benefits and Leisure on the change to the Leisure Management System update.

The Cabinet Member for Service Delivery and Continuous Improvement gave a verbal update. Following discussion and having returned to open session, the Chair highlighted the following:

·         The Cabinet had noted the update provided on the leisure management system, this was following Cabinets approval on the 4th June, for the digital transformation of the Leisure Service, a tender process for ‘lot’ (2.0) commenced.

·         This was an update on the progress of the project.

·         The Leisure team worked closely with Procurement throughout.

·         The tender attracted a lot of interest through the ProContract portal with over 30 companies initially registering an interest. Nine companies underwent evaluation and moderation and had now successfully awarded to the preferred bidder. 

Discussion took place regarding:

·         The nine companies that underwent the evaluation.

RESOLVED that:

The Leisure Management System update be NOTED.

(Proposed by Cllr S Clist as Chair)

Note: * Report previously circulated

The Cabinet had before it a report * from the Deputy Chief Executive (S151) Officer on the Car Parking Spaces at Halberton

The Cabinet Member for Housing, Assets and Property Services and Deputy Leader outlined the contents of the report with particular reference to the following:

• Cabinet to consider the current proposal from Halberton Parish Council regarding the future arrangements of the 5 car parking spaces at the Orchard, Halberton.
• The report demonstrated that the Council worked with and liaised constructively with its Parish Councils.

Discussion took place regarding:

• Members were grateful for all the work that had gone into the current proposal.
• This report was a great example of working and engagement with Town and Parishes.

RESOLVED that:

The operation of the 5 car parking spaces at The Orchard, Halberton on a commercial basis as identified in paragraph 1.2 be AGREED.

(Proposed by the Deputy Leader as Chair)

Reason for the decision:  As stated in the report

Note: * Report previously circulated.

The Cabinet had before it a report * from the Deputy Chief Executive (S151) presenting the Tax Base Calculations.

The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:

• Each year the Council had to set the Council Tax base on which it and all precepting authorities calculated the precept. Within the calculations were the actual number of properties in the district, the reduction due to the Council Tax Reduction Scheme.
• The forecast growth in properties and the likely level of collection – all of which were converted into an Average Band D property.
• For 2025/26, the Council projected there would be 30,732.91 Band D properties, which was healthy growth of 510.81 on the current year and the Council expected to collect 97.5% of the precept as in the current year.
• The additional funding raised through the second homes premium (c£50k) approved in February 2024 would be earmarked for additional housing activity / projects.

RESOLVED that Cabinet recommend to Council that:

• That the calculation of the Council’s Tax Base for 2025/26 in accordance with The Local Authorities (Calculation of Tax Base) (England) Regulations 2012 at 30,732.91 an increase of circa 510.81 Band D equivalent properties from the previous financial year be APPROVED.
• That the current collection rate of 97.5% remain the same detailed in Section 2 be APPROVED.
• The premium charges in 3.7 & 3.8. The premium element of 3.7 will be used to support additional housing activity/projects to be NOTED.

(Proposed by Cllr J Buczkowski and seconded by Cllr D Wulff)

Reason for the decision: As stated in the report

Note: * Report previously circulated.

The Cabinet had before it a report * from the Deputy Chief Executive (S151) presenting the Quarter 2 Treasury Management Report.

The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:

• In line with regulations, the mid-year treasury management report required a more in-depth and informative report to be presented to the decision makers about the treasury aspects of the Council’s finances.
• The continuation of the current policy and approval of the revised Capital Financing Requirement (CFR), Operational Boundaries and Authorised limits, which were included within paragraphs 5.4 and 5.5. 
• In summary, good investment returns had been achieved on the treasury investment due to the slower than expected fall in increased interest rates. However, the rates had begun to fall. The greater yield was also helped by the slippage on the capital programme enabling higher temporary investments to be made.
• An economic summary provided by the Council’s Treasury Advisors, (Link Group), a summary of the deposits at the end of the quarter and the yields that had been achieved.
• No additional borrowing had been required and although potentially up to £6m may be required to be sought from external sources before the end of the financial year, this was lower than originally assumed within the 2024/25 budget.
• Based on the lower Q2 forecast, the report recommended a reduction in the Capital Financing Requirement, leading to a reduction in the Authorised Limit and Operational Boundary for external borrowing.

RESOLVED that Cabinet recommend to Council that:

1. A continuation of the current policy outlined at paragraphs 4.0 – 4.5 be AGREED.
2. The changes to the Capital Financing Requirement, Operational Boundaries and Authorised Limits for the current financial year at paragraphs 5.4 – 5.5 be APPROVED.

(Proposed by Cllr J Buczkowski and seconded by Cllr S Clist)

Note: *Cllr S Keable left the meeting at 19:49pm

Reason for the decision: As stated in the report

Note: * Report previously circulated.

The Cabinet had before it a report * from the Deputy Chief Executive (S151) presenting the Quarter 2 Budget Monitoring Report.

The Cabinet Member for Governance, Finance and Risk outlined the contents of the report with particular reference to the following:

• Cabinet were asked to note that the improved projected Outturn position for the General Fund was a £398k underspend. This was a significant improvement on the budget and the financial position compared to previous years.
• In regards to income, as outlined in the quarter 1 report, there continued to be areas where the Council had some large variances from budget, both under and over.
• This mainly reflected economic circumstances with Planning and Building Control income, which was lower than forecast due to the stagnation of the housing market. However, those were more than offset by areas that were forecasted to be well ahead of budget in areas such as Waste and Leisure, where recyclable prices were currently strong and Leisure Centre membership where numbers had increased.
• Regarding the expenditure, the key element was the salary budget. There were some significant variances, with underspends through prudent management of costs in services such as Finance, Human Resources (HR) or Legal, or overspends in Information and Communications Technology (ICT) or Environmental Enforcement.
• Although projected to be significantly lower than previous years, the requirement for agency staff was higher than expected. Areas of particular pressure were Waste, Finance, Legal and Planning Enforcement. The main Service variances were explained in Appendix B, with key income forecast shown within Appendix C, and staffing variances within Appendix D.
• The Housing Revenue Account (HRA) also showed a healthy underspend of £315k. This was largely due to staff savings and lower interest costs, but was partially offset by a lower than budgeted investment yield and increased costs of void properties.
• The capital programme had been reviewed and a new deliverable Budget for projects starting in 2024/25 was proposed, The budget was reduced by nearly £5m, made up of over £3m from projects that were no longer going ahead; £1.8m from projects that had been delayed until a future year; £1m from projects reducing in scope; £0.9m from projects being delivered ahead of schedule; and £0.300m from a new project following a successful grant bid.
• There was a sizable variance (£14.6m) against that revised 2024/25 deliverable Budget including £16.5m that would slip into future years, slightly offset by £2m overspend. There were two main reasons including movements in the HRA Development Programme and delays in the Cullompton Town Centre Relief Road which had now reached confirmation of funding being secured.
• Regarding 3Rivers, an application had been submitted on 28 August 2024 to Companies House for the company to be voluntarily struck off, the Council were in the very final few days before it was fully closed. There had been no issues.
• Work was in progress with the conversion of St George’s Court into an over 60’s community through the HRA, with the first properties included on the tenancy lists and occupation expected before Christmas. The unsold units at Bampton continued to be marketed and had recently generated meaningful interest but to date no offers had been received and would be kept under review.

RESOLVED that:

1. The financial monitoring information for the income and expenditure for the six months to 30 September 2024 and the projected outturn position be NOTED.
2. The use of Waivers for the Procurement of goods and services as included in Section 8 be NOTED.
3. The update on the soft closure of 3 Rivers Developments Ltd be noted.
4. The revisions to the 2024/25 Deliverable Capital Programme total be APPROVED.

(Proposed by Cllr J Buczkowski and seconded by Cllr S Clist)

Reason for the decision: As stated in the report

Note: * Report previously circulated.

The Cabinet had before it a report * from the Director of Place and Economy on the Grand Western Canal Conservation Area Appraisal and Management Plan.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:

• The Grand Western Canal Conservation Area Appraisal and Management Plan, including the amendments to the extent of the Grand Western Canal Conservation Area be formally adopted.
• Sections 69 & 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990 stated that local authorities shall from time to time determine which parts of their area were areas of special architectural or historic interest, the character or appearance of which it was desirable to preserve or enhance.
• The Grand Western Canal Conservation Area was adopted in 1994, and had not been subject to a review or had proposals for its preservation and enhancement published.
• The Council had prepared the Conservation Area Appraisal and Management Plan in order to meet the requirements of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the National Planning Policy Framework (NPPF), as amended in December 2023.
• This Appraisal & Management Plan was far superior and much more robust than the 1½ page brevity of the 1994 Report and it now had taken into account the changes in methodology and best practice. 
• A full and comprehensive public engagement and consultation exercise on the draft document had taken place. The report included a summary of the public consultation and the key issues raised. All comments received were reported in full within Appendix 2, together with the Council’s response and the changes that had been made to the Conservation Area appraisal.
• The specific changes made to the document following the public consultation included:

Land adjacent to Tidcombe Hall, Tiverton – The Council had been made aware that Tidcombe Hall and the land adjacent was at one time in the same ownership and had contributed to the layout of the canal. The land adjacent to Tidcombe Hall therefore had sufficient special interest to justify the retention in the Conservation Area and this approach was consistent with the National Planning Policy Framework (NPPF).

Pondground Cottage, Holcombe Rogus – The Council had been made aware that Pondground Cottage and the adjacent land had historic links to the nearby quarries and the canal. It was therefore proposed to retain this area within the Conservation Area boundary. This approach was consistent with the NPPF requirement to ensure that Conservation Areas had sufficient architectural or historic interest to warrant designation.

Area of woodland known as ‘Snakes Wood’, Tiverton – The boundary of the Conservation Area adjacent to Snakes Wood had been amended to include the canal’s embankment. Residents who were opposed to the de-designation of the woodland and had raised a variety of points including ecology, wellbeing and health as positive attributes for the area. Local planning authorities should ensure that an area justified designation because of its special architectural or historic interest. This area of woodland was not of architectural or historic interest and therefore de-designation of the area was consistent with the NPPF requirement to ensure that Conservation Areas had sufficient interest to warrant designation. This approach was consistent with Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the NPPF.

The Council recognised the value of the canal for ecology, informal recreation, and health and well-being for local residents and visitors and in supporting local businesses. The Council acknowledged the public appreciation of the values of conservation including wildlife. The public could be reassured that the Council had other ways to secure the value of sites like ‘Snakes Wood’ both within the policies of the Council and the biodiversity duty on the Council. This was a future task of the Planning, Environment & Sustainability Policy Development Group. However, those matters were not relevant to the designation of the conservation area in terms of its special historic or architectural interest. Those matters were supported through other work of the Council as a Local Planning Authority and the promotion by the Council as a visitor destination, and through Devon County Council’s management of the canal as a Country Park. Species and habitats were legally protected. This was also included through the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017. National planning policy and policies in the adopted Mid Devon Council Local Plan also sought to protect and enhance habitats and biodiversity. The canal was a designated Country Wildlife Site and also a designated Local Nature Reserve and Country Park.

Snakes Wood was designated as an area of Ancient Woodland and also a Country Wildlife Site. The canal and Snakes Wood were protected and managed through these designations.

A number of letters had been received following the public consultation and the publication of the report for this meeting. The Council had acknowledged this as they drew attention to the ecological value of the canal and Snakes Wood. The Council had already given careful consideration to this matter in the responses within Appendix 2 and those letters would be responded to in due course.

The recommendations included in the report had been considered and endorsed by the Planning Policy Advisory Group.

Discussion took place regarding:

• Members had attended Parish Council meetings and that Sampford Peverell Parish Council had took part and visited people in the community in regards to the consultation.
• The exercise that had been undertaken in regards to the consultation had been appropriate and fully consulted with by those affected.
• The Grand Western Canal Joint Advisory Committee were supportive of the work undertaken by officers.
• The protection of Snakes Wood and whether the Council could further protect the woods.
• The accusation that had been made to the Council and the perceived lack of openness and transparency.
• The Process and the Council’s duty to review conservation areas.
• The consultation and correspondence that had been received with regards to the Grand Western Canal.
• The Tidcombe Hall area and two previous planning applications that had been refused.
• The concerns about the conservation area status on the canal and the history of the canal.

RESOLVED that Cabinet recommend to Council that:

1. The Grand Western Canal Conservation Area Appraisal and Management Plan (Appendix 1 to this report), including proposed amendments to the extent of the Grand Western Canal Conservation Area made through Section 69(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended), and used to assist in the process of determining planning applications and for implementing management proposals be formally ADOPTED.

(Proposed by Cllr S Keable and seconded by Cllr J Buczkowski)

Reason for the decision: As stated in the report

Note: * Report previously circulated.

The Cabinet had before it a report * from the Director of Place and Economy on the Cullompton Town Centre Relief Road.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:

• At the Cabinet Meeting on the 4June 2024, Members received an update on various strategic transport infrastructure schemes in Cullompton and that, at that time, the Council were awaiting a decision from Homes England regarding the possibility of additional funding to ensure delivery of the Cullompton Town Centre Relief Road.  This decision had been deferred as a result of the general election that subsequently occurred in July 2024.
• In August, Homes England subsequently confirmed a positive decision by its Board to make available the full funding needed to deliver this hugely important scheme.
• This progress was vastly significant given that the Town Centre Relief Road was of key importance to improve the amenity of the town centre, tackle air quality problems and unlock housing in the area. Furthermore, the vast majority of Cullompton residents were keen to get this scheme delivered, with 92% of local residents supportive of the Relief Road proposal when asked earlier in 2024.
• Since that time, officers had been working hard to continue to progress the scheme.  Proactive and positive steps had been taken in relation to the relocation of the Cricket Club, remobilisation of the design team and in making meaningful progress with Tesco in relation to the purchase of its land required to deliver the Relief Road.  The latter had recently taken a welcomed and positive step in confirming the sale (subject to contract) of its land to support delivery of the road.  
• Building-on and continuing this progress, the report provided an update, but also sought authority to enter into updated agreements with Homes England and Devon County Council which were necessary in order to now fully enable delivery of the Relief Road.
• The Homes England Grant Funding Agreement issued to Mid Devon was set out in a standard form and was an updated version of the previous contractual arrangements that were with them for the initial Housing Infrastructure Grant.  Officers, including the Legal Services Manager, had reviewed the draft Agreement and would continue in negotiating and discussing specific matters and wording with Homes England.
• Similarly, the agreement with Devon County Council was also being updated to reflect the latest Homes England requirements and to ensure that the funding could readily be made available to the County Council to enable delivery of the road within the availability period of the grant funding. It should be noted that inflation and contingency had been allowed for within the project cost estimates/funding envelope and that the Council’s cost liability would not exceed the funding envelope as set out. As Delivery Partner, Devon County Council would be responsible for delivery of the project - including cost, risk and programme. Updated and strengthened governance arrangements were being put in place to provide delivery assurance to the Council and to create a strong platform for delivery of this key infrastructure. Devon County Council was expected to also take a paper before its Cabinet in December 2024.

Discussion took place regarding:

• Was the agreement with Homes England binding once the Council entered it and could Homes England withdraw their funding once the agreement had been signed?
• At what point would the Relief Road become certain? Was it upon contract signing or at any other critical decisions point where the project could fail?
• Were there any alternative options to Devon County Council as a delivery partner in terms of value for money or contingency plans?
• The grant from Homes England and would this be recouped from S106 contributions and the fund retained by the Council for further potential infrastructure projects. Would these funds be ring fenced for infrastructure that would benefit Cullompton?  

RESOLVED that:

1. The entry into an updated Grant Funding Agreement with Homes England to secure £33.5 million of Housing Infrastructure Fund monies and grant delegated authority to the Director of Place and Economy in consultation with the Section 151 Officer and Director of Legal, People and Governance to finalise and sign the agreements in consultation with the Cabinet Member for Governance, Finance and Risk and Cabinet Member for Planning and Economic Regeneration be APPROVED

2. The entry in to an updated Agreement with Devon County Council (as Delivery Partner) to enable delivery of the Relief Road by the County Council as Highways Authority, in consultation with the Cabinet Member for Governance, Finance and Risk and Cabinet Member for Planning and Economic Regeneration be APPROVED

3. The use of Homes England Capacity Funding (£109,150) to support work streams during this financial year (2024/25) be APPROVED

4. To grant delegated authority to the Director of Place and Economy in consultation with the Section 151 Officer and Director of Legal, People and Governance to enter into any subsequent legal agreements should they become necessary to facilitate the completion of the project and in consultation with the Cabinet Member for Governance, Finance and Risk and Cabinet Member for Planning and Economic Regeneration be APPROVED 

(Proposed by Cllr S Keable and seconded by Cllr J Buczkowski)

Reason for decision: As stated in the report

Note: * Report previously circulated.

The Cabinet had before it a report * from the Director of Place and Economy on the Tiverton Eastern Urban Extension, Area B Masterplan.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:

• The Tiverton Eastern Urban Extension (EUE) was a 153ha site, allocated for development, to the east of Tiverton. It already benefited from an adopted Tiverton EUE Masterplan Supplementary Planning Document but this Masterplan did not cover the whole of the site in detail due to the absence of some site-wide survey work on land to the rear of properties on the southern side of Post Hill. This area of land was now known as Area B.
• The Local Plan reviews required the completion of a masterplan for Area B ahead of a planning application on the area. Recently, West County Land had been proactively working with the Area B allocation land and considered the future form of development in relation to this land. This had resulted in the Stage 1 consultation material available within the reports pack, produced in consultation with the Council.
• The consultation material set out some emerging ideas for Area B including some particular points that the public would be consulted on.
• Those included: a new point of access from Post Hill including changed prioritisation of traffic; the location for the formal sports included on the southern side of the former railway line; up to 10 units being served off Mayfair; and  a street pattern for the main through route being more traditional (informal) in layout and design.
• The public consultation would commence on the 20 November 2024 through to 10 January 2025.

Discussion took place regarding:

• The earlier plans and the concerns of the size of the schools and any clarity on the purposed site and that it would meet national standards.
• The turning at the top of Post Hill and the rationale behind this.
• The problems that may occur in regards to Area B.
• The concerns regarding the Mayfair through road and the access to 10 properties as previously the Council had a commitment that there would be no vehicle access.
• The traffic calming methods that were currently in Blundell’s Road and the calming methods that were proposed.
• Would Ward Members and those interested be offered a site visit to examine the area?

RESOLVED that:

1. The Tiverton EUE Area B public consultation materials (Appendix A) for a Stage 1 public consultation be APPROVED.
2. That delegated approval was given to the Director of Place and Economy, in conjunction with the Cabinet Member for Planning and Economic Regeneration, to make or approve any minor amendments to the consultation materials.

(Proposed by Cllr S Keable and seconded by Cllr G DuChesne)

Reason for decision: As stated in the report

Note: * Report previously circulated.

The Cabinet had before it a report * from the Director of Place and Economy on the Mid Devon Gypsy and Traveller accommodation assessment report.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:

• The number of pitches that were needed to provide permanent new homes for gypsies and travellers and plots to provide permanent new homes for travelling showpeople in the period 2023 to 2045.
• The interim targets were needed for development management purposes and would provide the basis for 5 year supply calculations. Those targets would also be included in the new local plan for the Council.
• The National Planning Policy required the Council to undertake an assessment of the housing needs for different groups in the community. This included the housing needs of gypsies, travellers and travelling showpeople.
• The assessment of the housing need provided technical information that could be used to help inform the preparation of the development plans and other plans, programmes and strategies, and also the determination of planning applications.
• A new Gypsy and Traveller Accommodation Assessment for Mid Devon had been undertaken by consultants “Opinion Research Services” and the final report was completed in September 2024. Similar studies had also been completed for Teignbridge District Council, Exeter City Council and East Devon District Council. The assessment replaced the previous assessment that was completed in 2015 and the findings of that study.
• The interim targets included the provision for: households that met the national planning definitions for gypsies, travellers and travelling showpeople; Households whose status was ‘undetermined’ (those who were unable to be interviewed), and also households that had not currently met the national planning definitions.
• This approach ensured that all the identified housing needs of the travelling community in Mid Devon were taken into consideration and would be planned for. It would provide headroom to mitigate where sites with planning permission may not come forward. Crucially, it would help ensure the Council met the duties of the Equalities Act 2010 and Housing Acts of 1985 and 2016.
• The assessment provided a forecast of housing needs based on travelling households who were residing on established sites in Mid Devon at the time of the survey. The household interviews undertaken for the assessment had identified no households living in other local authorities with a need to move to a site in Mid Devon.
• The Cabinet would note that the assessment had been unable to recommend targets for transit sites. This was due to the absence of detailed and consistent data that would be required through the monitoring of encampments across local authority areas. Officers would be investigating with colleagues from other local planning authorities on how to move forward.
• The recommendations included in the report had been considered and endorsed by the Planning Policy Advisory Group.

Discussion took place regarding:

• The Gypsy Traveller Accommodation Assessment had not been able to make recommendations about the need for the provision of transit sites in Mid Devon and the working progress of this.
• When visitors came to transit sites they would bring their own accommodation for a short time.
• More data in regards to transit sites to be provided at a later stage.

RESOLVED that:

1. The contents of this report and the Mid Devon Gypsy and Traveller

Accommodation Assessment (Appendix 2) be NOTED.

2. The recommended interim targets included in Table 1 and Table 2 of this report to help guide decisions taken on planning applications for pitches to provide homes for gypsies and travellers and plots to provide homes for travelling showpeople be APPROVED.

(Proposed by Cllr S Keable and seconded by Cllr G DuChesne)

Reason for decision: As stated in the report

Note: * Report previously circulated.

The Cabinet had before it, and NOTED, the Notification of Key Decisions *.

The Clerk identified the changes that had been made to the list since it was published with the agenda. This included the following:

• The Housing Rents had been added to 10 December 2024 meeting.
• The Investment in Community Land Trust projects using Devolution funding had been added to 7 January 2025 meeting.

Note: * Key Decisions report previously circulated.

The minutes of the previous meeting held on 15 October 2024 were APPROVED as a correct record and SIGNED by the Deputy Leader.